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Public Policy

  • December 3, 2018

    AT&T Can't Block Scholars From DOJ's Merger Appeal

    The D.C. Circuit cleared a group of antitrust scholars to participate in oral arguments over the government's effort to upend a D.C. federal judge's June decision rejecting the U.S. Department of Justice's challenge to AT&T's megapurchase of Time Warner.

  • December 3, 2018

    High Court Remands Second Dusky Frog Petition To 5th Circ.

    In the wake of its decision to send litigation brought by Weyerhaeuser Co. over protections for the dusky gopher frog back to the Fifth Circuit, the U.S. Supreme Court said Monday a petition in the same matter from family landowners would follow a similar path back to the appellate court.   

  • December 3, 2018

    Banks Urged To Innovate Anti-Money Laundering Efforts

    Every major U.S. banking regulatory body encouraged depository institutions on Monday to get creative with their anti-money laundering efforts, allowing banks to test automated fraud detectors without the threat of government enforcement if the new monitors fail to spot criminals’ cash flow.

  • December 3, 2018

    Justices Skeptical Of W.Va. Taxation Of Fed. Retiree Benefits

    Some U.S. Supreme Court justices seemed skeptical Monday of West Virginia's contention that its taxation of a federal marshal’s retirement benefits but not similarly situated state retirees' was not discrimination under the doctrine of intergovernmental tax immunity.

  • December 3, 2018

    High Court Leaves Title VII LGBT Bias Petitions In Limbo

    The U.S. Supreme Court on Monday took a closely watched trio of petitions asking whether federal workplace discrimination law protects LGBT workers off its calendar, just hours after indicating that the high court was poised to consider whether to take those cases up. 

  • December 3, 2018

    Pa. Justices Permanently Block Clergy IDs In Abuse Report

    The Pennsylvania Supreme Court said Monday that a lack of adequate due process protections meant it needed to permanently redact the names of nearly a dozen Roman Catholic clergy from a bombshell report by the state’s attorney general into decades of rampant of sexual abuse.

  • December 3, 2018

    Harvard's Single-Gender Group Sanctions Hurt Women: Suit

    Harvard University was hit with a pair of lawsuits Monday claiming the Ivy League school’s new policy sanctioning students for joining single-gender organizations like sororities and fraternities unfairly discriminates against women.

  • December 3, 2018

    Congress To Pass Spending Stopgap Before Weekend

    Congressional leaders announced Monday they would pass a two-week continuing resolution for funding parts of the federal government, punting a divisive spending and immigration debate to right before Christmas.

  • December 3, 2018

    'Dear Tony': Chief Justice Reads Tribute To Justice Kennedy

    Chief Justice John Roberts Jr. took the rare step of reading aloud his correspondence with the recently retired Justice Anthony Kennedy at the start of oral arguments Monday, the latest tribute to Justice Kennedy’s three decades on the highest court in the land.

  • December 3, 2018

    EB-5 Visa Applicants Win Class Cert. Over USCIS Restrictions

    U.S. Citizenship and Immigration Services erred in how it interpreted federal immigration law by determining that money for funding projects related to the EB-5 visa program could only be either cash or loans secured by personally owned assets, a District of Columbia federal judge ruled Friday, certifying an impacted class of visa applicants.

  • December 3, 2018

    Tribes Sue Wisconsin Over Property Tax On Tribal Land

    A group of Indian tribes has sued Wisconsin in federal court over the collection of property tax on tribal land, asking the Western District of Wisconsin to place an injunction on the assessment or collection of tax.

  • December 3, 2018

    New Lifeline System Has 'Serious Shortcomings,' FCC Told

    TracFone Wireless Inc. has urged the Federal Communications Commission to rework the new Lifeline enrollment system it rolled out this year, telling the agency that lengthened application materials, new proof requirements and other changes are already deterring the country's neediest from getting discounted phone service under the program.

  • December 3, 2018

    NYC Council Bill, Hearings To Target Amazon Deal's Secrecy

    After Amazon's win of major tax breaks from New York to place its new offices in New York City, three City Council members have said they'll introduce legislation targeting secrecy in such negotiations, while the council speaker said he would hold public hearings to scrutinize the deal.

  • December 3, 2018

    High Court Won't Hear Houston Residents’ Suit Over Flooding

    The U.S. Supreme Court on Monday denied a petition for review brought by Houston residents alleging that a city tax reinvestment zone led to street and drainage projects in their area that caused their homes to flood during periods of heavy rainfall.

  • December 3, 2018

    FCC Watchdog Clears Sinclair-Tribune White House Call

    The Federal Communications Commission’s internal watchdog reported Monday that Chairman Ajit Pai followed all disclosure rules and didn’t hide a phone call with a White House attorney this summer as the agency considered regulatory approval for the now-failed Sinclair-Tribune megamerger.

  • December 3, 2018

    New OECD Tax Proposal Would Hit Trademarks, Copyrights

    The OECD is considering an approach to taxing the digital economy similar to proposals in the 2017 U.S. tax overhaul, including giving countries more leverage to tax foreign entities that use valuable branding trademarks and copyrights to sell into their jurisdiction, a top Treasury official said Monday.

  • December 3, 2018

    US Unlikely To Allow Tariff Exclusions During China Truce

    White House National Economic Council Director Larry Kudlow said Monday he did not expect the Trump administration to set up a process for importers to earn exclusions from its latest round of China tariffs while the U.S. and Beijing hold broader trade negotiations.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 3, 2018

    Border Wall Can Skip Enviro Review After Justices Snub Case

    The U.S. Supreme Court on Monday refused to review aspects of an immigration law that let the government skip environmental reviews related to a controversial border wall with Mexico and additionally allowed construction to move forward, denying pleas by environmental groups to strike down parts of the law.

  • December 3, 2018

    Trump Aides Leave Details Of China Trade Deal Murky

    President Donald Trump on Monday looked to take a victory lap celebrating the trade truce he struck with Chinese President Xi Jinping over the weekend, but the president’s advisers offered few details about what commitments Beijing supposedly made.

Expert Analysis

  • Autonomous Vehicles And UK Product Liability Law: Part 2

    Michaela Herron

    With autonomous vehicles expected to hit the streets of the United Kingdom soon, manufacturers, insurers and their legal counsel face the challenge of determining how the U.K.'s product liability laws will be applied to questions of negligence, evidence and contracts raised by self-driving vehicles, says Michaela Herron of Bristows LLP.

  • Unboxing The Plan To Allow HRAs To Pay Health Premiums

    Katie Amin

    On Oct. 23, the departments of Treasury, Labor and Health and Human Services released long-awaited guidance that would allow employees to use health reimbursement arrangement funds to buy their own health insurance. Attorneys at Groom Law Group examine the proposed regulations and the implications for taxpayers should they become final.

  • How The FAA Reauthorization Accelerates Drone Integration

    Joel Roberson

    The law reauthorizing the Federal Aviation Administration requires the FAA to take numerous regulatory actions that will reshape the use of drones by governmental, commercial, hobbyist and recreational operators, say Joel Roberson and Jennifer Nowak of Holland & Knight LLP.

  • Autonomous Vehicles And UK Product Liability Law: Part 1

    Michaela Herron

    Autonomous vehicles present a number of challenges to the United Kingdom's product liability legal framework, especially with regard to the vehicles' heavy reliance on software, consumers' expectations of safety and the need for compliance with varying local traffic rules, says Michaela Herron of Bristows LLP.

  • A Year-End Refresher On Laws Banning Pay History Inquiries

    Amy Traub

    A recent wave of state and local legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his or her salary history, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • State Net

    Voters, Courts Slowly Take Lawmakers' Redistricting Power

    Rich Ehisen

    Thanks to the passage of ballot measures in this month's elections, Missouri, Colorado and Michigan have joined 13 other states that use independent commissions or other bipartisan or nonpartisan means to create legislative or congressional districts, or both, to combat gerrymandering, says Rich Ehisen of State Net Capitol Journal.

  • State Trust Taxes Ripe For Constitutional Challenges

    Toni Ann Kruse

    Fielding v. Commissioner of Revenue is the most recent in a series of cases that have used the U.S. Constitution to curtail the ability of states to impose their income taxes on nongrantor irrevocable trusts. Toni Ann Kruse and Melissa Price of McDermott Will & Emery LLP discuss the implications of this trend.

  • Prospects For Tax Policy In The 116th Congress

    Evan Migdail

    Now that the results of the 2018 election are (mostly) in, Evan Migdail and Melissa Gierach at DLA Piper LLP consider what a Democratic House, Republican Senate and Trump administration may be able to accomplish in the way of tax policy during the lame-duck session and the upcoming 116th Congress.

  • The Latest On State And Federal Paid Family Leave Programs

    Kathryn Barcroft

    Only four U.S. states currently require paid family leave programs, leaving private employers across most of the country with the decision of whether to provide such leave to their employees, says Kathryn Barcroft of Solomon Law Firm PLLC.