Public Policy

  • March 16, 2018

    Texas Sanctuary City Lawsuit Unlikely To Find New Life

    A Fifth Circuit ruling upholding the constitutionality of most of a Texas state law aimed at barring so-called sanctuary cities is different enough from other litigation percolating through federal courts that it’s an unlikely candidate for U.S. Supreme Court review, experts say.

  • March 16, 2018

    Title VII, NYC Law Differ On Damages, 2nd Circ. Says

    The Second Circuit held Friday that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law, saying a lower court incorrectly used the federal standard in a pregnancy discrimination case.

  • March 16, 2018

    House Passes Bill Raising Reg A+ Offering Limit To $75M

    The House of Representatives on Thursday passed a bill that increases the limit of so-called Reg A+ offerings to $75 million, potentially broadening the appeal of an exemption that allows companies to raise capital short of conducting a full-blown initial public offering.

  • March 16, 2018

    Trade Group Says EPA's Delay Of Rules Boosts Safety

    Opponents of a risk management rule for chemicals on Friday urged a D.C. Circuit panel to quash an effort by environmental groups to force the U.S. Environmental Protection Agency to implement the Obama-era regulations, saying the rules could threaten national security.

  • March 16, 2018

    Minn. Begins Federal Tax Conformity Fight With Gov.'s Plan

    Minnesota Gov. Mark Dayton on Friday proposed significant changes to the state’s tax regime, including switching its starting point for taxation from federal taxable income to federal adjusted gross income, as he announced his plan for conforming to the Tax Cuts and Jobs Act, P.L. 115-97.

  • March 16, 2018

    FERC Pursues Utility, Pipeline Rate Changes Amid Tax Cuts

    The Federal Energy Regulatory Commission on Thursday said it is taking action to make sure that proper adjustments are being made in the electric and energy sectors to ensure rates are fair in the wake of the tax reform measure that Republicans passed last year.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

  • March 16, 2018

    Chicago Pol Says No Evidence Supporting Bribery Charges

    A Chicago alderman accused of accepting bribes asked an Illinois federal judge to dismiss some of the charges Friday, arguing that the government’s witnesses have not established the payments were bribes or extortion.

  • March 16, 2018

    2nd Circ. Case Doesn’t Clear Kelly In GWB Scandal, Say Feds

    Prosecutors on Thursday blasted the defense argument that a recent Second Circuit opinion dealing with a convicted sex offender supports a former public official's claims that she did not violate residents' civil rights to travel freely by allegedly causing gridlock near the George Washington Bridge in a political revenge scheme.

  • March 16, 2018

    6th Circ. Won't Revive TVA Retirees' Reduced Benefits Case

    The Sixth Circuit on Friday rejected a bid by beneficiaries of the Tennessee Valley Authority and its retirement system to revive a suit alleging plan administrators made improper changes to a defined benefits plan, saying in part that administrators gave adequate notice of benefit cuts.

  • March 16, 2018

    Second Round Of Tax Cuts In Early Discussions, Brady Says

    Discussions on enacting a second round of tax cuts following the legislation passed in December are in the early stages and involve proposals to make individual tax cuts permanent, House Ways and Means Committee Chairman Kevin Brady, R-Texas, said Friday.

  • March 16, 2018

    Maryland House Passes Bill To Put Sports Betting On Ballot

    An overwhelming majority of members of the Maryland House of Delegates on Thursday passed legislation that could let voters weigh in on whether the state should legalize sports betting at its racetracks and casinos.

  • March 16, 2018

    DC Circ. Shuts Down Part Of EPA Boiler Rule

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency did not adequately justify its decision to raise allowable carbon monoxide emission levels from industrial boilers, a win for environmentalists that challenged the move.

  • March 16, 2018

    Foil Duties Get Green Light, Fueling US-China WTO Battle

    The Trump administration is set to impose steep tariffs on Chinese aluminum foil following a final vote by the U.S. International Trade Commission Thursday, deepening the fault lines in a simmering high-stakes World Trade Organization standoff with Beijing.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 16, 2018

    Conn. AG Supports Casino Bill Canceling Deal With Tribes

    Connecticut Attorney General George Jepsen on Thursday backed a state house bill that would allow for bids on a new casino, possibly in Bridgeport, while also canceling 2017 legislation authorizing two federally recognized tribes to operate a casino in East Windsor.

  • March 16, 2018

    End Legal Monopoly With Antitrust Review, Law Prof Says

    The current system of regulating the legal profession in the United States has created a monopoly that drives prices up and leaves too many people without a lawyer, according to one law professor who suggests that subjecting the sector to federal antitrust law may be the way forward.

  • March 16, 2018

    UK Antitrust Watchdog Taps 2 For Top Roles

    The United Kingdom’s competition watchdog has announced two senior leadership appointments: a new executive director for markets and mergers and a new senior director for consumer protection.

  • March 16, 2018

    Garden State Pot Biz Possibilities Have Firms Seeing Green

    The potential expansion of New Jersey’s marijuana marketplace would create more business for law firms across several practice areas and encourage those shops to grow or restructure their rosters to better represent clients in the industry, from growers to investors, according to attorneys eyeing such work.

  • March 16, 2018

    Surging Tax Receipts, Polls Lure States Into Pot Debate

    One of the few things growing faster than tax receipts from legalized marijuana, experts say, is the breadth of state legislation currently being considered that would allow the adult recreational use of cannabis.

Expert Analysis

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Practicality Is A Driving Force In High Court Microsoft Case

    James Kitchen

    Absent new legislation or a major reformation of the mutual legal assistance treaty process, victory in the Microsoft case at the U.S. Supreme Court may be vital for the government when it comes to its ability to conduct investigations in the fast-paced world of electronic data and cybercrime, says James Kitchen of Jones Day.

  • 6 Tips For Tribal Governments To Reduce Member Taxes

    Nicole Elliott

    Last December, President Donald Trump signed the Tax Cuts and Jobs Act, which included several provisions with real impacts on tribal governments and their members, including the reduction of individual tax rates and the treatment of the Kiddie Tax, say attorneys with Holland & Knight LLP.

  • Considerations Before Self-Reporting Under SEC Initiative

    James Lundy

    Investment advisers need to understand that self-reporting under the new Share Class Selection Disclosure Initiative will undoubtedly result in a settled enforcement action, which will include the U.S. Securities and Exchange Commission’s typical terms. Assessing all of the issues and risks will be resource-intensive, say James Lundy and Mary Hansen of Drinker Biddle & Reath LLP.

  • Childproof Cannabis Packages Won’t Impress Jeff Sessions

    Neama Rahmani

    A group of cannabis-oriented businesses recently announced standards meant to "protect consumers and demonstrate to regulators, financial institutions and the public that they operate at the highest level of ethics and responsibility." But these measures, including labeling, child-resistant packaging and health warnings, are unlikely to convince the U.S. Justice Department, says Neama Rahmani of West Coast Trial Lawyers.

  • Shipping Cos. Must Review New North Korea Sanctions Risks

    Michael Zolandz

    The U.S. government recently announced a new tranche of sanctions aimed at disrupting North Korean shipping and trading companies and vessels, and issued a global advisory highlighting the sanctions risks for insurers, flag registries, shipping companies and financial institutions. Companies in the maritime sector should assess their compliance policies in light of this guidance, say attorneys with Dentons.

  • ALJs Check Their Own Work, With Unsurprising Results

    Marc Fagel

    It is fair to say that the U.S. Securities and Exchange Commission’s directive that its administrative law judges reconsider the record in pending proceedings has not resulted in a groundswell of revised rulings. The ALJs, whose previous appointments have now been “ratified,” are not suddenly seeing these cases through a brand new lens, says Marc Fagel of Gibson Dunn & Crutcher LLP.

  • Opinion

    States Must Fill Void Created By CFPB Regulatory Vacuum

    Brian Kabateck

    Our nation’s most aggressive consumer watchdog, the Consumer Financial Protection Bureau, has essentially been muzzled. It is now, more than ever before, incumbent upon states and their legislatures to ensure that their citizens are protected from unscrupulous financial institutions who only care to protect their bottom line, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.