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Public Policy

  • September 20, 2018

    DOT Says Hazmat Regs Override Calif. Trucker Break Rules

    The U.S. Department of Transportation determined Thursday that federal law preempts California's meal and rest break requirements for all motor vehicle operators transporting hazardous materials, granting a request from a trucking group to harmonize what it viewed as inconsistent regulations.

  • September 20, 2018

    Opioid Bill Lacks Funding To Make Lasting Impact

    A bill passed by the Senate this week to address the national opioid crisis proposes worthwhile initiatives such as packaging and shipping restrictions on certain drugs, but experts say billions of dollars more in federal funding is needed to stem the epidemic.

  • September 20, 2018

    VA Accused Of Defying Court Order On Gov't Union Activity

    The U.S. Department of Veterans Affairs is violating a D.C. federal judge's decision to partially block an executive order that made it harder for federal workers to spend work time on union business, an American Federation of Government Employees local said Wednesday.

  • September 20, 2018

    Cuomo's Former Right-Hand Man Gets 6 Years For Bribery

    A Manhattan federal judge hit Joe Percoco, New York Gov. Andrew Cuomo's former top aide, with a six-year prison term Thursday for taking bribes in exchange for helping allies in the energy and real estate sectors with state projects, telling the defendant his actions were "corrosive" to the workings of government.

  • September 20, 2018

    Trump Slams $857B Defense Bill Over Lack Of Border Funds

    President Donald Trump on Thursday threw a potential spanner in the works for a pending $857 billion bill to fund federal defense, labor and health spending for 2019, slamming lawmakers for failing to include funding for his signature border wall project.

  • September 20, 2018

    China Tariffs Undercut 5G Rollout, FCC's Rosenworcel Says

    Newly announced tariffs on Chinese products will seriously undercut the rollout of cutting-edge 5G mobile services, Federal Communications Commissioner Jessica Rosenworcel told a Washington, D.C., audience Thursday.

  • September 19, 2018

    Fla. Enviros Want Order Freeing Land Buying Funds Enforced

    Environmental groups that won a state court judgment in June finding Florida misspent hundreds of millions of dollars in conservation land acquisition funds asked the Tallahassee circuit court Wednesday to lift a stay on the judgment while the state appeals.

  • September 19, 2018

    Kavanaugh Assault Hearing Could Devolve Into Chaos

    The Senate Judiciary Committee's hearing on the sexual misconduct allegations against D.C. Circuit Judge and U.S. Supreme Court nominee Brett Kavanaugh will have the trappings of a trial but lack a court proceeding's rules.

  • September 19, 2018

    Deportation Surge Feared After Sessions' Immigration Ruling

    U.S. Attorney General Jeff Sessions' Tuesday decision mostly revoking immigration judges' power to dismiss or terminate removal proceedings undercuts their discretionary powers and accelerates deportations, according to attorneys.

  • September 19, 2018

    Gorsuch Was The Least Responsive Nominee In Decades

    New research has concluded that U.S. Supreme Court Justice Neil Gorsuch was less responsive to questions during his confirmation hearings than any justice since 1968 and departed significantly from the so-called Ginsburg Rule, with the study's authors saying Judge Brett Kavanaugh is likely in the same vein.

  • September 19, 2018

    Trump Methane Rollbacks Hand Regulatory Reins To States

    The rollback of Obama-era restrictions on venting and flaring from gas wells on federal and tribal lands is the latest sign the Trump administration intends to hand off the job of regulating methane emissions to states, some of which are expected to be lax while others may craft more stringent methane rules, experts say.

  • September 19, 2018

    Hackers Probed But Didn't Breach Conn. Utilities, Report Says

    Hackers launched hundreds of millions of failed attempts to breach Connecticut's public water, energy and grid systems over the past year and despite the state's successful defense, a data breach poses a substantial risk, according to a new report.

  • September 19, 2018

    Reps. Press Google On YouTube's Use Of Kids' Data

    A bipartisan pair of House lawmakers are pressing Google to detail how YouTube handles personal information belonging to children who use the popular video-sharing service, saying that a recent complaint filed with the Federal Trade Commission raised serious questions over whether the site is in step with the Children’s Online Privacy Protection Act.

  • September 19, 2018

    Commerce Sets Up Final Duties On Imported Plastic Resin

    The U.S. Department of Commerce on Tuesday found that imports of plastic resin from five countries have been sold at unfairly low prices, calling for tariffs ranging upward of 275 percent to offset the imports' advantage in the U.S. market.

  • September 19, 2018

    Alaska Natives Back Feds In Row Over Hovercraft Ban

    Alaska Native tribes and groups have urged the U.S. Supreme Court haveto uphold the National Park Service’s right to apply its hovercraft ban on an Alaska river, saying that taking away the federal government’s power to regulate certain waters in the state could destroy Alaska Natives' traditional subsistence fishing.

  • September 19, 2018

    Award Caps Would Weaken Whistleblower Program, SEC Told

    Whistleblowers and their attorneys claim the U.S. Securities and Exchange Commission's proposal to reduce significant awards would give tipsters little reason to put their livelihoods at risk by exposing corporate wrongdoing, according to public comments submitted before a Sept. 18 deadline.

  • September 19, 2018

    NTIA's Redl Says Spectrum Sharing Is The Future Of 5G

    For National Telecommunications and Information Administration head David Redl, the government’s vast land and spectrum holdings are an untapped resource that can help make 5G a reality.

  • September 19, 2018

    FCC Clears Nominet To Run TV 'White Space' Database

    The FCC has found database operator Nominet fit to operate technology used to monitor spectrum bands held by broadcasters in order to direct unlicensed users toward unused gaps on the airwaves.

  • September 19, 2018

    FCC Must Rein In Local Cable Franchise Fees, Groups Say

    The Federal Communications Commission should clarify that internet services provided by cable companies are generally not subject to fees imposed by local franchising authorities, according to public comments posted Tuesday and Wednesday.

  • September 19, 2018

    SC Senators Adopt Fed. Tax Conformity Compromise

    A South Carolina Senate subcommittee charged with finding common ground on the adoption of state tax conformity with last year's federal tax overhaul pushed forward on Tuesday a compromise bill that offers up to $8,220 in exemptions for dependents.

Expert Analysis

  • Taiwan Digital Tax Law Leaves Open Questions For Corps.

    Michael Wong

    Taiwan introduced a number of significant income tax reforms this year, including becoming the first regime in the world to levy income tax on the cross-border digital economy. The most significant issue regarding this new tax on e-service suppliers is the substantial uncertainty as to its scope and applicable rates, say Michael Wong and Dennis Lee of Baker McKenzie.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Intellectual Property Caught In US-China Trade Crossfire

    Holly White

    Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

  • How DOD Plans To Change Commercial Item Contracting

    Justin Ganderson

    The U.S. Department of Defense recently issued a proposed rule on the acquisition of commercial items, including commercially available off-the-shelf items. Many commercial item contractors and subcontractors will welcome the stated premise — less government contracting requirements for commercial items, say attorneys with Covington & Burling LLP.

  • Why Fla. Should Adopt Telehealth Legislation

    Morris Miller

    During its 2018 session, the Florida Legislature considered, but did not pass, a bill that would have reduced uncertainty surrounding reimbursement, practice standards and liability related to telehealth services. Legislation like this is needed to provide clarification and encourage the use of telehealth in appropriate circumstances, says Morris Miller of Holland & Knight LLP.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • Warning Lights Are Flashing On Trump's Tribal Agenda

    Lawrence Roberts

    The Trump administration's annual budget proposals do not bode well for tribes, as they have sought to defund trust and treaty obligations by hundreds of millions of dollars. Indian Country hopes that U.S. Department of the Interior Assistant Secretary Tara Sweeney will take steps to correct the tribal agenda that she has inherited, says Larry Roberts of Kilpatrick Townsend & Stockton LLP.