Public Policy

  • December 8, 2017

    DC Circ. Doesn't Think Treasury Must Provide Privileged Docs

    The D.C. Circuit on Friday remanded back to district court an order that the U.S. Department of the Treasury must turn over evidence related to decisions it made in General Motors’ 2009 bankruptcy for a related pension plan dispute, saying the lower court had not explained why a privilege claim by the White House should be disregarded. 

  • December 8, 2017

    FCC Says It Won't Release Net Neutrality Comment Logs

    The Federal Communications Commission's general counsel said Thursday the FCC must "respectfully decline" New York Attorney General Eric Schneiderman's request for information related to comments posted online in the net neutrality rollback proceeding, emphasizing that the commission doesn't solely rely on the comments to make its decisions.

  • December 8, 2017

    MGM Touts $675M Casino Proposal To Conn. Lawmakers

    MGM Resorts International wrote to Connecticut’s governor and legislators on Thursday to champion its proposal for a new $675 million resort casino in Bridgeport, saying it welcomes two tribes’ desire to be involved in discussions about bringing a casino to the city because a competitive process would maximize the state’s economic benefits.

  • December 8, 2017

    DC Metro's $6.5M Discrimination Deal Scores Early OK

    A D.C. federal judge on Thursday gave preliminary approval to a $6.5 million settlement in a certified class action alleging Metrorail’s criminal background check policy disproportionately discriminated against African-Americans.

  • December 8, 2017

    House OKs Bill Loosening Small Firm M&A Disclosure Rules

    The House of Representatives approved a bill increasing the threshold at which small brokers must register with the Securities and Exchange Commission on Thursday, a move that backers said would reduce overly burdensome regulations.

  • December 8, 2017

    What Is 'Informational Injury'? The FTC Wants To Find Out

    The Federal Trade Commission is set to consider when a breach of consumers’ data becomes an “injury,” at a workshop companies and privacy hawks are watching for clues on what kinds of data breach lawsuits the agency will bring going forward.

  • December 8, 2017

    EU, Japan Finalize Sweeping New Trade Deal

    European Union and Japanese officials announced Friday that they have finalized the details of a sweeping new trade deal that will forge two of the globe’s largest economies under a united set of trading rules.

  • December 8, 2017

    Judge Who Accepted Flynn’s Guilty Plea Recuses Himself

    The judge who accepted former national security adviser Michael Flynn’s guilty plea to a count of lying to the FBI about contacts with Russia’s ambassador before the inauguration of President Donald Trump has recused himself from the case.

  • December 8, 2017

    DOT Yanks Obama-Era Airline Fee Disclosure Proposals

    The U.S. Department of Transportation pulled a pair of Obama-era proposals that would have forced airlines to tell consumers about baggage fees at the beginning rather than the end of a ticket purchase and to report revenues from add-on fees, according to a notice Thursday.

  • December 8, 2017

    Amicis Back Wayfair's Opposition To Quill High Court Review

    Three interested parties each submitted an amicus brief Thursday in South Dakota v. Wayfair, urging the U.S. Supreme Court to reject South Dakota’s petition for certiorari, arguing, among other things, there would be an undue burden on businesses and violations of due process and the commerce clause should the court abrogate its physical presence nexus rule.

  • December 8, 2017

    Justices Should Nix Online Tax Case, Foes Of SD Action Say

    Congress, not the U.S. Supreme Court, is the body that should appropriately decide whether states may require remote sellers to collect and remit use tax, the online companies in litigation over the issue told the nation’s highest court in a brief filed Thursday.

  • December 8, 2017

    Aide To Pa. Congressman Admits Guilt In Campaign Probe

    A former political consultant for U.S. Rep. Bob Brady, D-Pa., pled guilty Friday to making a false statement to the FBI, following his indictment in a scheme involving an illicit $90,000 campaign contribution to Brady’s rival in a 2012 congressional primary that prompted him to exit the race.

  • December 8, 2017

    Mayors Urge FCC To Keep Net Neutrality Rules

    Nearly 60 elected municipal officials from coast to coast, including the mayors of New York City, Los Angeles, Chicago and Boston, asked the Federal Communications Commission in a Thursday letter to preserve its Obama-era net neutrality rules.

  • December 8, 2017

    Senate OKs Trump's Resources Pick Despite ANWR Concerns

    The U.S. Senate approved a key U.S. Department of the Interior deputy Thursday, giving Secretary Ryan Zinke a director of programs for gas, coal and other extraction activities on public lands.

  • December 8, 2017

    DOJ Tasks NC Prosecutor With Asset Forfeiture Oversight

    The U.S. Department of Justice announced Friday that a federal prosecutor from North Carolina is taking on a new role reviewing DOJ forfeiture rules and overseeing a controversial practice that empowers local law enforcement to seize property.

  • December 8, 2017

    FERC Chair Asks DOE For More Time On Grid Subsidy Rule

    Energy Secretary Rick Perry on Friday granted a request by the new chairman of the Federal Energy Regulatory Commission for 30 more days to take action on a proposal to pay nuclear and coal plants for their contribution to grid reliability, although Perry asked the commissioners to work quickly.

  • December 8, 2017

    Sessions Pushes Immigration Courts To Handle Cases Quickly

    Attorney General Jeff Sessions called for a “concerted effort” to address the increased backlog of pending immigration cases, pushing immigration courts to work more efficiently to adjudicate approximately 650,000 cases — a number that has almost doubled since 2011 and continues to mount under the Trump administration.

  • December 8, 2017

    Trump Tweet Raises Concern Over Regulators' Independence

    President Donald Trump on Friday said that Wells Fargo & Co. would face tougher penalties even as the administration rolls back bank regulations amid reports that a penalty against the bank would be reviewed and potentially lowered.

  • December 7, 2017

    Tesla Scores Win In Mo. Appeal Of Direct Sales Dispute

    Tesla can sell its electric cars directly to consumers in Missouri again after a state appeals court on Tuesday reversed a lower court’s decision blocking the licenses that Tesla received to sell its cars, saying a dealership association didn’t have standing to challenge the licenses in the first place.

  • December 7, 2017

    NJ Senate Confirms 2 Prosecutors, Dozens Of Judgeships

    The New Jersey Senate on Thursday confirmed 31 attorneys nominated by Gov. Chris Christie for judgeships and two to county prosecutor roles following nearly five hours of testimony before a judiciary committee of lawmakers, some of them industry peers.

Expert Analysis

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • Trump’s 'Buy American' Order Already Packs A Punch

    Howard Roth

    The secretary of commerce report on the "Buy American and Hire American" executive order was due at the White House on Nov. 24. Though the report is not yet public, it is in the foreground of the debate on legislative and regulatory actions, and it is changing the landscape for many organizations, says Howard Roth of Oles Morrison Rinker & Baker LLP.

  • 4 Tips For Defending Against Tribal RICO Claims

    Rob Roy Smith

    In the last decade, tribal entities and officials have increasingly become the subjects of civil suits alleging violations of the Racketeer Influenced and Corrupt Organizations Act. Frivolous RICO claims cannot necessarily be prevented, but following certain tips and strategies can make navigating such claims much more manageable, say Rob Roy Smith and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • A Critical Review Of The 1st Drone Preemption Case

    Stephen Migala

    There is an objective and fundamental flaw in the recent Singer v. Newton opinion, which involved a city law restricting drones and related questions of federal preemption. The Massachusetts federal court's decision was based in large part on a miscodifed part of the U.S. Code that is not actually the law, says Stephen Migala of Winston & Strawn LLP.

  • 6 New Calif. Employment Laws To Know In 2018

    Julia Trankiem

    The past several years have been particularly active in the California Legislature, in both creating new rights and responsibilities under state employment law and amending and expanding existing workplace mandates. The 2017 legislative session was no different, and brought about some considerable changes that will dramatically affect many employers’ practices, say attorneys with Reed Smith LLP.

  • Are Private Sector WTO Litigators At Risk Under Logan Act?

    Alan Price

    Renewed interest in our national security laws, and particularly their restraints on U.S. citizen engagement with foreign governments, suggests that U.S. lawyers would be wise to evaluate the risks associated with the Logan Act before representing foreign governments in disputes against the U.S. government before foreign tribunals, say members of Wiley Rein LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • The Future Of Foreign Direct Investments In The EU

    Isabelle MacElhone

    Until recently, there has not been any regulation harmonizing control toward foreign direct investments at the European Union level. However, a proposal introduced in September may be an appropriate first step toward developing an adapted, cohesive regime regarding foreign investments, say Isabelle MacElhone and Samantha Chavane de Dalmassy of Reed Smith LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Anti-Corruption In Mexico: Reasons For Cautious Optimism

    Nicholas Berg

    Implementation of Mexico’s anti-corruption enforcement regime has suffered a series of setbacks and delays. However, the recent resignation of Mexico’s attorney general signals a potential victory for anti-corruption activists in their demands for a truly independent prosecutor — a central pillar of Mexico’s anti-corruption reform efforts, say attorneys with Ropes & Gray LLP.