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Public Policy

  • September 17, 2018

    EPA Poised To Replace Clean Power Plan, DC Circ. Hears

    The U.S. Environmental Protection Agency on Friday urged the D.C. Circuit to reject a bid by Clean Power Plan supporters to decide the merits of the rule, saying its proposed replacement should be finalized by the first part of 2019.

  • September 17, 2018

    Education Dept. Ruled Irrational In Nixing Debt Collection Deal

    The U.S. Department of Education lacked a rational basis for canceling a hotly contested solicitation for student loan debt collection services, a U.S. Court of Federal Claims judge has ruled, sustaining eight consolidated protests filed by collection agencies.

  • September 17, 2018

    How Lehman's Bankruptcy Put SIPC In The Spotlight

    When Lehman Brothers filed for bankruptcy 10 years ago, one of the first outfits called in was one that traditionally operated under obscurity. But the Securities Investor Protection Corp. made a name for itself in the historic Chapter 11 case, restoring more than $90 billion worth of assets to Lehman’s brokerage customers.

  • September 17, 2018

    Cities' Input Shut Out Of Infrastructure Order, FCC Told

    Local government stakeholders were silenced during the process of drafting the Federal Communications Commission's upcoming order that sets timelines and fee schedules for new small cells, and localities' views have been consistently misrepresented to the commission, according to a member of the Broadband Deployment Advisory Committee.

  • September 17, 2018

    Secretary Says Current Air Force Too Small For Demands

    Air Force Secretary Heather Wilson on Monday called for a huge increase in its number of aircraft squadrons over roughly the next decade, bringing the Air Force to a size not seen since the Cold War, arguing the service is too small to do what is being expected of it.

  • September 17, 2018

    Proposed GILTI Regs' Anti-Abuse Rule Seen As Overly Broad

    Proposed U.S. regulations for the global minimum tax on intangible income contain an anti-abuse provision that could allow the Internal Revenue Service to disregard the effects of certain offshore transactions even if there aren’t signs of tax avoidance, specialists say.

  • September 17, 2018

    Kavanaugh, Assault Accuser Asked To Testify Before Senate Panel

    The Senate Judiciary Committee will hold a hearing on sexual assault allegations against D.C. Circuit Judge Brett Kavanaugh, the panel’s chairman said Monday, signaling a delay and possible trouble for the U.S. Supreme Court pick.

  • September 17, 2018

    Charter Pushes For Cable Rate-Control Relief In Mass., Hawaii

    An emerging threat from new online TV streaming competitors calls for freeing the cable business from rate caps in dozens of Massachusetts markets and a Hawaiian island, telecom giant Charter has argued in a new request to the Federal Communications Commission.

  • September 17, 2018

    Trump Hits China With Tariffs On Another $200B In Goods

    President Donald Trump announced Monday that he will hike tariffs on $200 billion worth of Chinese goods to as high as 25 percent in an escalating dispute over Beijing’s intellectual property rules.

  • September 17, 2018

    Mass. To Enforce 'Cookie Nexus,' Revenue Dept. Says

    Massachusetts made it clear Monday that it will continue to enforce its “cookie nexus” regulation reaching back to October 2017, when the regulation was promulgated.

  • September 17, 2018

    Calif. #MeToo Bills May Help Harassment Suits Reach Juries

    A sweeping legislative package recently passed by California lawmakers aiming to combat sexual harassment contains a batch of new mandates for employers and could make it tougher to convince courts to throw out harassment lawsuits. Here, attorneys tell Law360 which bills to keep an eye on and what may lie ahead if they are all signed into law.

  • September 17, 2018

    Dems Raise Concerns About Reopening Immigration Cases

    Senate Democrats penned a letter to the Trump administration Thursday voicing concern over reports that the U.S. Immigration and Customs Enforcement will reopen thousands of deportation cases previously closed by immigration judges.

  • September 17, 2018

    IHS To Shift $25M Over Tribal Leaders' Objections

    The Indian Health Service told Native American leaders that the agency will take $25 million earmarked for inflation funding to cover costs for leases with tribes under the Indian Self-Determination and Education Assistance Act, despite the leaders' resistance to the plan.

  • September 17, 2018

    EPA Erred In Nixing Hardrock Mining Rule, Enviros Say

    Green groups on Friday asked the D.C. Circuit to invalidate the Trump administration's decision to kill an Obama-era rule that would have required hardrock mining facilities to prove they can pay for cleanup efforts, saying the agency improperly ignored the industry's effects on health and the environment.

  • September 17, 2018

    FCC's O'Rielly Talks Spectrum Auctions And Innovation

    For FCC Commissioner Michael O'Rielly, speeding spectrum auctions and coordinating international policy goals are some of the keys to rolling out 5G networks and unlocking future telecom innovations.

  • September 17, 2018

    FERC Pipeline Tax Policy Change Challenged At DC Circ.

    A pair of pipeline companies urged the D.C. Circuit on Friday to review a Federal Energy Regulatory Commission policy removing a tax perk for pipeline master limited partnerships, a companion to a rule directing gas pipeline operators to disclose the effect of recently enacted corporate tax cuts on their rates.

  • September 17, 2018

    Rejected Harvard Applicants Fight Student Trial Testimony

    Eight Harvard University students and alumni should not be allowed to testify or participate as parties in a landmark admissions suit against the Ivy League school, a group of rejected applicants and the anti-affirmative action plaintiff told a federal judge late Friday afternoon.

  • September 17, 2018

    Trade Groups Seek Injunction On CFPB Payday Lending Rule

    Two payday lender trade groups on Friday in Texas federal court motioned for a preliminary injunction on the Consumer Financial Protection Bureau's payday lending rule, arguing that the rule would restrict more than 90 percent of the payday loans currently made if it goes into effect in August 2019.

  • September 17, 2018

    Feds Defend Vetting Rules In Recruits' Naturalization Suit

    The U.S. departments of Defense and Homeland Security have urged a D.C. federal court to grant them a quick win in a class action from noncitizen U.S. Army recruits challenging the imposition of added requirements for naturalization, saying the policy is lawful.

  • September 17, 2018

    Pa. Pol Proposes Commission To Address Clergy Abuse

    As the Pennsylvania General Assembly grapples with dueling proposals to clear a path for otherwise time-barred claims over sexual abuse by Catholic clergy, a state lawmaker unveiled a plan on Monday to create an independent commission to take testimony and to dole out compensation to victims.

Expert Analysis

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Cos. Caught Between Iran Sanctions And EU Blocking Statute

    Guy Soussan

    In response to the reimposition of U.S. sanctions against Iran, the European Union has expanded the scope of its blocking statute to prohibit EU and multinational companies from complying with these sanctions. But the blocking statute does not apply if a decision to terminate business with Iran is for reasons unrelated to sanctions, which gives companies some flexibility, say attorneys with Steptoe & Johnson LLP.

  • Calif. Public Disclosure Rule May Mean Trouble For Insurtech

    Nicholas Gregory

    In the debate between transparent underwriting and the protection of trade secrets, the California Department of Insurance has conclusively picked a side with a recent opinion. However, the CDI has not necessarily picked the winning side as a matter of law, and the issue is likely to wind up in courts soon, say Nicholas Gregory and Shawn Hanson of Akin Gump Strauss Hauer & Feld LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • A New Direction For EPA Enforcement Program

    Andrew Stewart

    After two decades, the U.S. Environmental Protection Agency is overhauling its enforcement framework to shift the focus to nontraditional methods. A push for significant changes in this realm is unsurprising since the agency has much greater running room under the Administrative Procedure Act, say Andrew Stewart and Richard Alonso of Sidley Austin LLP.

  • 8 Ways ICSID Proposal Would Change Arbitration

    Sarah Reynolds

    The International Center for Settlement of Investment Disputes recently proposed extensive rule revisions. These updates come at a troubling time for investor-state arbitration, which faces increasing backlash from nongovernmental organizations and criticism from populist politicians, say attorneys with Mayer Brown LLP.

  • Opinion

    Rollback Of Executive Orders A Win For Federal Employees

    Zachary Henige

    A D.C. federal judge's recent decision in American Federation of Government Employees v. Trump — striking down some of the more pernicious provisions of three executive orders meant to undermine federal-sector worker rights — is a welcome reminder of the value of collective bargaining, says Zachary Henige of Kalijarvi Chuzi Newman & Fitch PC.

  • Florida, We Have A Tax Problem: Inside The TCJA Review

    Mark Holcomb

    The Florida Department of Revenue has been reviewing the impact of the Tax Cuts and Jobs Act on Florida's corporate income taxpayers. Attorneys at Dean Mead Egerton Bloodworth Capouano & Bozarth PA delve into the most pressing issues discussed at last week's public meeting on the nexus of federal and state tax reform.