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Public Policy

  • August 10, 2018

    After System Delays, FCC Grants Funds To Alaska School

    The Federal Communications Commission awarded more than $300,000 in funding to a small Alaskan school district that had applied for the money in 2016 but had its application held up by technical errors in the government’s filing system, according to an order.

  • August 10, 2018

    Refugee Intake Down, Trump Told In Letter Urging Higher Cap

    Dozens of elected leaders from 42 states have signed an "open letter" urging President Donald Trump to increase the annual cap on refugee admissions into the United States, noting that the government has not even admitted half of the refugees it allowed for during the current fiscal year.

  • August 10, 2018

    Trump Orders Metal Tariff Hike For Turkey As Lira Tumbles

    President Donald Trump announced Friday that he will double the national security-based steel and aluminum tariffs on Turkey, citing the rapid depreciation of the country’s currency over the past several weeks.

  • August 9, 2018

    In Manafort Trial: 5 Witnesses, 2 Banks And An Airbnb

    Paul Manafort’s Virginia federal jury trial focused Thursday on allegations that President Donald Trump’s former campaign manager tricked banks into giving him millions in loans by hiding his debt on one property and the fact that he was renting out another property through Airbnb, as well as inflating his income with a sham loan from an entity he controlled.

  • August 9, 2018

    Ga. Judge Probing 'Realities' Of Axing Electronic Ballots

    A Georgia federal judge tasked with deciding whether to replace the state's allegedly insecure and unreliable electronic voting system with paper ballots has asked both sides to weigh in during the coming weeks on the "practical realities" of the request, expressing concern with the potential difficulties of implementing the change before the November general elections. 

  • August 9, 2018

    Immigrants Ordered Returned; Sessions Warned Of Contempt

    A District of Columbia federal judge on Thursday ordered that a mother and daughter placed on a plane by the federal government be immediately returned to the United States, warning U.S. Attorney General Jeff Sessions and several top immigration officials that they would otherwise need to appear in court on potential contempt of court charges.

  • August 9, 2018

    Kavanaugh Docs Reopen Questions On His Terror Policy Role

    A handful of emails from D.C. Circuit Judge Brett Kavanaugh's time in the George W. Bush White House released Thursday could reignite a debate over his involvement in policy on treatment of suspected terrorists as he seeks retiring Justice Anthony Kennedy's seat on the Supreme Court.

  • August 9, 2018

    9th Circ. Nixes Drivers' Challenge To Seattle Union Law

    The Ninth Circuit ruled Thursday that a group of independent drivers who contract with the ride-hailing apps Uber and Lyft cannot pursue a challenge to a Seattle ordinance that lets for-hire drivers form quasi-unions, saying the harms they purportedly would suffer are too speculative for their claims to be heard.

  • August 9, 2018

    Female Ex-Clerks Praise Kavanaugh's Treatment Of Women

    As women's rights groups prepare for a show of force against the nomination of D.C. Circuit Judge Brett Kavanaugh to the U.S. Supreme Court in the days ahead, three of the judge's female former clerks spoke publicly Thursday in defense of their old boss's support of women in the workplace.

  • August 9, 2018

    USPTO Plans 25% AIA Review Fee Hike Due To SAS Ruling

    The U.S. Patent and Trademark Office on Wednesday proposed increasing the fee to challenge patents in America Invents Act reviews by about 25 percent beginning in 2021, citing additional work for the office created by the U.S. Supreme Court's recent SAS Institute decision.

  • August 9, 2018

    Manafort Judge Says His Dressing-Down Of Feds Was Wrong

    The case against Paul Manafort focused Thursday on allegations that he tricked banks into more favorable loans, but it kicked off with a mea culpa from the Virginia federal judge admitting he may have made a mistake. 

  • August 9, 2018

    Draft Of Calif. Wayfair Law Mulls $500K Sales Threshold

    California, the nation’s most populous state, would require out-of-state retailers with $500,000 of annual sales into the state to collect and remit sales and use tax, according to draft legislation circulated by the administration and obtained by Law360 on Thursday.

  • August 9, 2018

    City Council Backs Rental Car Fee In San Diego-Area Dispute

    The City Council of Chula Vista, California, unanimously approved a resolution memorializing its support for a $3.50 rental car fee imposed by the San Diego Port District challenged by Hertz, Enterprise and the San Diego airport authority.

  • August 9, 2018

    States Back High Court Challenge To Hovercraft Ruling

    A coalition of states led by Idaho has thrown its support behind a moose hunter’s U.S. Supreme Court appeal of a Ninth Circuit ruling that held the National Park Service has the right to enforce its hovercraft ban on an Alaska river.

  • August 9, 2018

    Proxy Marriage, Stepson Can Keep Immigrant In US: 3rd Circ.

    An undocumented Ecuadorean immigrant can claim his American-born stepchild as a reason to stay in the U.S. even though he was officially married to the boy’s mother in a proxy ceremony when the bride and groom were in separate countries, the Third Circuit ruled Wednesday.

  • August 9, 2018

    NYC Uber Cap A Harbinger Of More Hard-Line Rules

    The first-of-their-kind limits that New York City placed on the rapid expansion of Uber, Lyft and other app-based ride-hailing services may inspire cities and municipalities to craft more hard-line rules for newer entrants in on-demand transportation, experts say, but consumers could end up paying the price.

  • August 9, 2018

    9th Circ. Forces EPA Action On Risky Pesticide

    The Ninth Circuit said Thursday the U.S. Environmental Protection Agency must ban a pesticide linked to developmental harm in children, slamming the agency for allegedly dragging its feet on a product that its own analysis found has an exposure risk that does not meet the relevant safety standard.

  • August 9, 2018

    1st Circ. Hands Win To Puerto Rico In Bond Lien Dispute

    Hedge fund Peaje Investments' $65 million in bonds issued by Puerto Rico's Highways and Transportation Authority are not secured by a lien on toll revenues, the First Circuit has affirmed in a decision that amounts to a victory for the commonwealth and yet another setback for creditors of its various government agencies.

  • August 9, 2018

    NY Says Family Court Acts As Juvenile Court For Immigrants

    New York has urged a Manhattan federal court in a putative class action to reject the Trump administration's determination that the state Family Court does not qualify as a juvenile court under a federal program that creates a pathway to green cards for some young immigrants.

  • August 9, 2018

    FCC's O'Rielly Slams UN Telecom Regulator For Overreach

    Federal Communications Commissioner Michael O'Rielly torched a United Nations telecom agency that he says has strayed too far afield from its primary mission and suffers from structural and leadership problems.

Expert Analysis

  • How Businesses In Mexico Can Prepare For The AMLO Era

    Jonathan Adams

    On July 1, Mexicans elected Andres Manuel Lopez Obrador — known as AMLO — as their next president, in response to his campaign promising to clean up corruption and help the disadvantaged. Now, businesses should review their activities for anything that could create the appearance of corruption, and evaluate their social responsibility profiles, says Jonathan Adams of Baker McKenzie.

  • How Kavanaugh’s Nomination Affects Financial Institutions

    Lewis Wiener

    The confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court will likely result in further solidification of the current administration's limited regulatory approach and represent a more pronounced shift toward supporting the decisions of financial institutions in conducting business, say attorneys with Eversheds Sutherland.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • New State Business Taxes May Yield Federal Savings

    Brett Cotler

    New state unincorporated business tax laws may reduce the U.S. federal income tax liability of owners of certain pass-through businesses by taxing these businesses directly rather than — or in conjunction with — taxing their owners, says Brett Cotler of Seward & Kissel LLP.

  • How New Credit Freeze Law May Affect Data Breach Cases

    Robert Kriss

    Congress recently enacted a law that enables consumers to freeze their credit reports to prevent identity theft at no cost, which could have significant implications for whether data breach class actions will be certified and, if they are, the amount of potential damages, say Robert Kriss and Corwin Carr of Mayer Brown LLP.

  • Opinion

    Nonprofits Should Promote Common Good, Not Candidates​

    Maggie Garrett

    President Donald Trump and others have vowed to repeal the Johnson Amendment, a provision in the tax code that prohibits 501(c)(3) nonprofit organizations from endorsing or opposing political candidates. But these efforts are opposed by the very organizations proponents of repeal claim to want to protect, organizations whose autonomy is safeguarded by the Johnson Amendment’s restrictions, says Maggie Garrett of Americans United for Separation of Church and State.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • How New SEC Rule Will Affect ETF Ecosystem

    Stacy Fuller

    The U.S. Securities and Exchange Commission has proposed a rule that would allow exchange-traded funds to operate without obtaining an exemptive order from the commission. While this is a welcome development, further guidance may be necessary to truly level the competitive playing field, say attorneys with K&L Gates LLP.

  • 3D Gun Legality After Defense Distributed Settlement, Ruling

    Kelsey Wilbanks

    A month after the U.S. Department of Justice reached a settlement allowing Defense Distributed to legally publish and share its 3D printable gun files on the internet, a Washington federal court granted a preliminary injunction. The reach of permissible file sharing for do-it-yourself plastic guns in the age of 3D printing just took an unexpected turn, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Questions Raised By Laws That Use Copyrighted Standards

    Matthew Zorn

    When a government incorporates a copyrighted work into law, what happens to the copyright? Last month, in American Society for Testing & Materials v. Public.Resource.Org, the D.C. Circuit sidestepped the copyrightability arguments and did not mention another issue lurking beneath the surface of this type of case — the takings clause, say Matthew Zorn and Shane Pennington of Yetter Coleman LLP.