Public Policy

  • December 12, 2017

    Enviros Waiting On DOJ To OK Bison Range Agreement

    The Public Employees for Environmental Responsibility and a group of retired federal employees filed a joint status report on Monday with the U.S. Fish and Wildlife Service saying that a tentative agreement in a suit over the management of the National Bison Range still needs to be approved by government staff.

  • December 12, 2017

    DOL Extends Comment Deadline On Tip Pool Rollback

    The U.S. Department of Labor has extended a deadline for comments on its proposal to let hospitality employers redistribute workers’ tips if they pay at least minimum wage, after lawmakers and workers’ advocates called on the agency to give stakeholders more time to weigh in.

  • December 12, 2017

    Gov't Asks DC Circ. To Let Trans Military Ban Take Effect

    The federal government asked the D.C. Circuit late Monday for an emergency stay against an injunction blocking a Trump administration policy that bars transgender people from enlisting in the military, hours after a district court refused a similar request.

  • December 12, 2017

    Pa. State Sen. Seeks To Increase Pipeline Safety

    A Pennsylvania state senator said Monday that he plans to introduce legislation to improve oil and gas pipeline safety in the wake of the damage to water sources from Sunoco Pipeline’s work on its controversial Mariner East 2 project.

  • December 12, 2017

    NLRB Seeks Public Input On Merits Of Union Election Rule

    The National Labor Relations Board’s three-member Republican majority asked for public input on Tuesday over whether it should scrap a nearly 3-year-old rule that updated the process for union representation elections, with the board’s two dissenting members saying the request wasn’t properly justified. 

  • December 12, 2017

    Calif., NM Urge Judge To Nix Challenges To BLM Flaring Rule

    California and New Mexico on Monday urged a Wyoming federal judge to deny a bid by several other states and industry groups to undo the U.S. Bureau of Land Management’s rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • December 12, 2017

    Senate Dems Lob Plagiarism Charge At Trump Enviro Pick

    Senate Democrats on Tuesday accused President Donald Trump's controversial pick to lead the White House's Council on Environmental Quality of plagiarism, saying several written responses to their questions were directly lifted from answers previously given by Environmental Protection Agency Administrator Scott Pruitt and EPA Assistant Administrator Bill Wehrum.

  • December 12, 2017

    The Biggest Telecom Developments Of 2017

    The advent of the Trump administration had a ripple effect in the telecommunications industry, landing Ajit Pai at the helm of the Federal Communications Commission and teeing up high-profile policy debates. Here’s a recap of some of the year's biggest developments in the telecom industry, including big media mergers, media ownership deregulation and a revived debate over net neutrality principles.

  • December 12, 2017

    Fed Scholar Says Trump Can Control CFPB Through Mulvaney

    President Donald Trump’s selection of a White House staffer to temporarily lead the Consumer Financial Protection Bureau violates the bureau’s independence, and could potentially let the president dictate financial policies that Congress has said is outside his purview, a scholar of the Federal Reserve said Monday.

  • December 11, 2017

    Man Must Unlock Phone To Aid Abuse Probe: Mass. Court

    A Massachusetts appeals court on Monday shot down a man's challenge to an order that required him to unlock his iPhone as part of a child abuse investigation, ruling that the directive didn't violate his Fifth Amendment rights because law enforcement already knew what would be on the device.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    FCC, FTC Tout Enforcement Plan Before Net Neutrality Vote

    Days before the Federal Communications Commission is expected to vote to roll back the legal underpinning for its net neutrality rules, it announced plans Monday to partner with the Federal Trade Commission to share information and enforcement duties for service providers that don't honestly disclose their open internet practices.

  • December 11, 2017

    House Bill To Put Limits On Bank Agency Account Closures

    Federal bank regulators would have new limits on ordering account closures in a bill passed by the House of Representatives on Monday, mandating that agencies have a reason beyond "reputational risk" to the firm to order an account closed.

  • December 11, 2017

    Intelligence Chief Set To Stiffen 'Unmasking' Standards

    Director of National Intelligence Dan Coats will tighten requirements for when the names of U.S. nationals that have been redacted in classified intelligence reports are able to be “unmasked,” according to a Friday media report.

  • December 11, 2017

    House Dem Looks To Block Vote On Net Neutrality Rollback

    A Democratic congressman has introduced legislation to block Thursday’s Federal Communications Commission vote to roll back net neutrality protections by invalidating what he calls flawed rulemaking efforts as the FCC presses forward with the controversial new rules.

  • December 11, 2017

    Senate Sets Up Vote For 'Not Qualified' Trump Judge Pick

    The Senate on Monday advanced the nomination of Husch Blackwell LLP senior counsel L. Steven Grasz to an Eighth Circuit vacancy, despite Democrats' protests citing his "not qualified" rating from the American Bar Association.

  • December 11, 2017

    Tesla Wins Info In Fight Over Direct Sales Ban In Mich.

    Three Michigan auto dealers must hand over information about their lobbying efforts supporting a state ban on car manufacturers selling vehicles directly to consumers, a federal judge ruled Monday, rejecting their attempt to dodge a July order in Tesla’s lawsuit alleging the ban creates an unconstitutional monopoly.

  • December 11, 2017

    House Passes DHS Cybersecurity Overhaul

    The House of Representatives passed a bill Monday meant to centralize authority and responsibility for cybersecurity at the U.S. Department of Homeland Security, with backers claiming the legislation would allow for clear decision-making at the agency.

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.