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Public Policy

  • December 7, 2018

    Immigrant Challenges Legitimacy Of Judges Under Acting AG

    The nation’s immigration judges currently lack the authority to act on a broad range of cases because acting U.S. Attorney General Matthew Whitaker has not been lawfully appointed, a Colorado resident who faces deportation has contended.

  • December 7, 2018

    German Power Giant To Allow More Danish Energy After Probe

    The largest high-voltage electricity transmitter in Germany will let in more energy from Denmark suppliers to end a European Commission investigation that it choked the supply of cheap Nordic electricity in favor of German-produced power, regulators said Friday.

  • December 7, 2018

    Georgetown Tech Hub Hires Ex-FTC Commish, Covington Atty

    Georgetown Law has nabbed a top Covington & Burling lawyer and former Federal Trade Commission member who worked on antitrust and consumer protection matters for the school’s tech law hub, who will join as a distinguished fellow.

  • December 7, 2018

    Intricacy Of Interest Deduction Regs May Vex Multinationals

    The U.S. Treasury Department’s decision to limit interest expense deductions for certain foreign affiliates of multinational corporations could force businesses to undertake complex calculations and puts them at a risk of paying more tax on global income.

  • December 7, 2018

    EU Takes Romania To Court Over $105M In Unrecovered Aid

    The European Union’s antitrust watchdog is taking Romania to court over the country's failure to fully claw back €92 million ($104.8 million) it paid to two Swedish investors in violation of EU state aid rules, the agency said Friday.

  • December 7, 2018

    Advertisers Can't Tear Down NYC Billboard Ban At 2nd Circ.

    Advertisers can't block a New York City ban on billboard advertising near public parks and roadways after the Second Circuit said Friday a decades-old regulation exemption that lets signs plaster a Queens ballpark doesn't mean the companies are being deprived of their commercial speech rights.

  • December 7, 2018

    Texas AG, Others Tell High Court Trump Can End DACA

    A coalition of 10 states led by Texas and a group of nonprofits led by Citizens United have each filed amicus briefs with the U.S. Supreme Court, supporting the move by President Donald Trump’s administration to rescind the Deferred Action for Childhood Arrivals program.

  • December 7, 2018

    Colo. Sheriff Can't Hold Detainees For ICE, Judge Rules

    A Colorado federal judge gave a quick win Thursday to classes of detainees at the El Paso County jail in finding that the local sheriff cannot hold them for up to 48 hours after they have resolved their criminal cases so that immigration authorities can pick them up without a court order.

  • December 7, 2018

    Take Merger Fight To The Links, FCC's Pai Says At Roast

    FCC Chairman Ajit Pai needled parties involved in two of the year’s biggest mergers during the 32nd annual Chairman’s Dinner Thursday night, suggesting AT&T and the DOJ could settle their beef on the putting green and Sprint and T-Mobile’s merger attempts resemble dysfunctional relationships on “The Office.”

  • December 7, 2018

    Trump Trial Court Pick Unlikely To Get Vote, Grassley Says

    President Donald Trump's choice for a North Carolina federal judgeship will likely be sent back to the White House after prospects for confirmation this year dwindled to nil, the head of the Senate Judiciary Committee said.  

  • December 7, 2018

    FCC Halts $4.5B Subsidy Project To Probe Carrier Data

    The Federal Communications Commission said Friday it's opening an investigation into whether major carriers fudged nationwide coverage maps submitted within a $4.53 billion agency initiative to bring high-speed access to rural areas, pausing the project after early looks at carrier data pointed to "significant violations" of the rules.

  • December 7, 2018

    Trump Unlikely To Defy 'So-Called Judges,' Prof Argues

    A recent paper by a William & Mary law professor argues that, despite charged rhetoric from the Trump administration, including the president’s personal attacks on judges, the federal government has thus far complied with judicial orders and is likely to continue to do so.

  • December 7, 2018

    Michael Cohen Deserves 'Substantial Prison Term,' Feds Say

    Prosecutors told a Manhattan federal judge Friday that Michael Cohen, President Donald Trump's former lawyer and political champion, should be sentenced to a “substantial prison term” — possibly in the range of four years — after Cohen copped to a series of crimes including lying to Congress and tax evasion in two plea hearings.

  • December 7, 2018

    ERISA Industry Group Wants Seattle Hotel Benefits Law Nixed

    The ERISA Industry Committee again asked for a quick win in its challenge to a recently revised section of Seattle's municipal code governing hotel employee health benefits, asking a Washington federal judge to reject the city's assertion that the ordinance wasn't preempted by the Employee Retirement Income Security Act.

  • December 7, 2018

    Mass. Winner-Take-All Electoral System Sound, Judge Rules

    A bid by a former Massachusetts governor and two Republicans to change the state's winner-take-all practice for selecting presidential electors was dismissed Friday by a federal judge who ruled the system — which is in place in 48 states and the District of Columbia — does not violate the U.S. Constitution.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Tribes Can't Stop FCC's Next-Gen Towers, DC Circ. Told

    The Federal Communications Commission has urged the D.C. Circuit to toss out a petition for review by tribes and environmentalists regarding the commission’s plan to accelerate the building of 5G infrastructure, saying the deployment of small-cell fixtures is not a major federal action.

  • December 7, 2018

    IRS Lets Cos. Opt Out Of New Stock Option Deferral Program

    Companies will be able to opt out of a new provision in last year's federal tax overhaul that allows employees to defer income from exercising stock options, the Internal Revenue Service said Friday.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    EPA's Coal Gift Hints At Broader Climate Policy Challenge

    The U.S. Environmental Protection Agency's Thursday rollback of Obama-era coal plant carbon dioxide emission regulations is intended to help revive the struggling industry and contains a hint that the administration is considering how to challenge or circumvent an earlier finding that CO2 endangers human health, experts said.

Expert Analysis

  • How Palestine's US Embassy Case Could Affect Int'l Law

    Viren Mascarenhas

    Recently, Palestine instituted proceedings at the International Court of Justice in response to the U.S. moving its embassy in Israel from Tel Aviv to Jerusalem. The court's response — including its decision on whether to accept the case — will have significant consequences for international law, say Viren Mascarenhas and Claire O’Connell at King & Spalding LLP.

  • Congressional Forecast: December

    Layth Elhassani

    During its current lame duck session, Congress must compromise on government funding legislation or face a shutdown. It may also endeavor to move additional legislation and continue to confirm Trump administration nominees before the close of the 115th Congress later this month, says Layth Elhassani of Covington & Burling LLP.

  • NY Tax Minutes: November

    Timothy Noonan

    This month in NY Tax Minutes, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP discuss New York’s Amazon tax package, check in with the SALT deduction cap suit, brief the Apple sales tax matter and focus on statutory residency cases in New York state courts.

  • A Closer Look At Calif. Privacy Law's Private Right Of Action

    Daniel Rockey

    Although labeled a “limited” private right of action by the bill’s sponsors, the California Consumer Privacy Act's private enforcement mechanism is almost certain to lead to a wave of new lawsuits unless the Legislature clarifies some ambiguities, says Daniel Rockey of Bryan Cave Leighton Paisner LLP.

  • NLRB Contract-Bar Rule Continues To Confuse

    Douglas Darch

    Two recent decisions from the National Labor Relations Board, which address when the so-called contract-bar doctrine prohibits an election petition, highlight the continued uncertainty surrounding the rule, say Douglas Darch and Jenna Neumann of Baker McKenzie.

  • The Future Of Paid Leave In Texas And Beyond

    Steve Roppolo

    At least 29 Texas lawmakers have vowed to introduce legislation in January that would prohibit local governments from implementing paid sick leave ordinances. However, it likely would not let employers completely off the hook, as U.S. workers may see some form of federal paid leave soon, says Steve Roppolo of Fisher Phillips.

  • Tangible Property Sales Taxes Don't Apply To Intangibles

    Craig Fields

    Recent tax decisions in Pennsylvania and Michigan highlight taxing authorities' unsuccessful attempts to assert sales and use tax on products and services that use new technologies not contemplated by old taxing statutes, say Craig Fields and Rebecca Balinskas of Morrison & Foerster LLP.

  • Will High Court Resurrect The Nondelegation Doctrine?

    William Araiza

    Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.

  • New CMS Rules Reinforce Trend Away From Traditional Care

    Michael Lampert

    Two new rules from the Centers for Medicare & Medicaid Services bring changes that collectively reflect movement toward promoting site neutrality and opening all telehealth services to Medicare reimbursement, say attorneys at Ropes & Gray LLP.

  • Lame Ducks Could Fix TCJA's Bonus Depreciation Problem

    Dustin Stamper

    Earlier this year, the Treasury Department found it couldn't fix an error that excludes qualified improvement property from the Tax Cuts and Jobs Act's bonus depreciation provisions. Relief might come from Congress if it passes a limited technical corrections bill during the lame duck session, say Dustin Stamper and Omair Taher of Grant Thornton LLP.