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Public Policy

  • June 18, 2018

    Comey Being Investigated On Trump Memos, Watchdog Says

    Former FBI Director James Comey is being investigated for passing memos on his meetings with President Donald Trump to the press through intermediaries, U.S. Department of Justice Inspector General Michael Horowitz told the Senate Judiciary Committee on Monday.

  • June 18, 2018

    High Court Wants SG's Input In Calif. Foie Gras Ban Suit

    The U.S. Supreme Court asked the solicitor general Monday to weigh in on a challenge to California's ban on selling products made by force-feeding birds, particularly foie gras, seeking the government's views on whether the state rule is preempted by federal law.

  • June 18, 2018

    Gerrymandering Foes Suffer Blow At High Court, For Now

    Opponents of political gerrymandering suffered setbacks Monday after the U.S. Supreme Court refused to strike down electoral maps in Wisconsin and Maryland allegedly drawn to favor one party over the other, but the justices’ narrow rulings mean the issue will almost certainly resurface in the near future.

  • June 18, 2018

    Here's What We Know About FCC Nominee Geoffrey Starks

    The Democrat nominated to fill FCC Commissioner Mignon Clyburn’s recently vacated role at the regulatory agency will be in the hot seat this week, as Senate leaders grill Geoffrey Starks over why he’s qualified to step up to the dais. Here's what we know about him so far.

  • June 18, 2018

    Mass. Top Court Greenlights Nurse Staffing Ballot Question

    A ballot question limiting the number of patients who can be assigned to a single nurse will be asked to Massachusetts voters this fall after the Massachusetts Supreme Judicial Court on Monday shot down a bid by a group of voters who challenged the question on constitutional grounds.

  • June 18, 2018

    Florida Man Wins High Court Battle Over Retaliatory Arrest

    The U.S. Supreme Court on Monday ruled that the existence of probable cause for an arrest does not eclipse a claim of retaliatory arrest, giving Fane Lozman — houseboat owner, activist and thorn in the side of the city government of Riviera Beach, Florida — his second win in the nation's highest court.

  • June 18, 2018

    SEC Delays Action On NYSE Venue Plan To List Bitcoin ETFs

    The U.S. Securities and Exchange Commission delayed deciding on a rule change submitted by a New York Stock Exchange venue seeking to list its first two exchange-traded funds based on the value of bitcoin, saying it needs more time to review the proposal.

  • June 18, 2018

    Trump Declares 'Space Force' As New Military Branch

    President Donald Trump on Monday ordered the U.S. Department of Defense to establish a U.S. Space Force as a new branch of the armed forces, saying it would help shore up national security, and signed a directive to improve traffic management in space.

  • June 18, 2018

    High Court To Consider Feds' Hovercraft Ban In Alaska Again

    The U.S. Supreme Court agreed on Monday to review a Ninth Circuit ruling holding that the National Park Service has the right to enforce its hovercraft ban on an Alaska river, setting the high court up to consider the dispute for the second time.

  • June 18, 2018

    US, Canada Ag Leaders Try To Play Nice Amid Trade Tensions

    The top agricultural officials for the U.S. and Canada did their best to patch up their nations’ trade relationship Friday, mere days after President Donald Trump publicly blasted Prime Minister Justin Trudeau at the G7 summit for Ottawa’s tight restrictions on its dairy sector.

  • June 18, 2018

    Tribes Want Indian Child Welfare Act Challenge Nixed

    The Cherokee Nation and other Native American tribes on Friday asked for a quick win in a suit from various states and some foster families challenging the Indian Child Welfare Act, saying the parties bringing the suit are trying to undo decades of progress.

  • June 18, 2018

    Millionaires' Tax Ballot Question Nixed By Mass. Top Court

    The Massachusetts Supreme Judicial Court on Monday issued a split decision striking the so-called millionaires' tax from the November ballot, with the majority saying the question was unconstitutional since it posed multiple, unrelated questions rolled into a single initiative.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Walgreens' Dual Role Helped Spur Ky. Opioid Crisis, AG Says

    Walgreens helped spread unneeded opioids throughout Kentucky as both pharmacy chain and distributor, the state's attorney general said in a lawsuit filed Thursday, allegedly cultivating a public health nightmare that has killed Kentuckians, defrauded Medicaid and spurred an armed-robbery epidemic.

  • June 15, 2018

    FTC Backs Flexible Approach To Regulating Internet Of Things

    The Federal Trade Commission on Friday weighed in on the Consumer Product Safety Commission's efforts to better understand the emerging world of internet-connected devices, cautioning that any new standards should be flexible and publicly accessible and urging the CPSC not to overlook the link between poor security practices and potential safety risks. 

  • June 15, 2018

    Trump Throws A Curve With Two-Pronged Tariff Approach

    President Donald Trump’s decision to impose punitive tariffs on Chinese technology in a squabble over intellectual property policy arrived with a wrinkle as the administration primed one set of duties for July while keeping another batch for the future, adding a new layer of intrigue to the sprawling trade fight.

Expert Analysis

  • Series

    Masterpiece Cakeshop: What Did The Baker Win?

    Andrew Koppelman

    The U.S. Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission granted victory to the cake shop owner, but on such narrow grounds that it won’t protect other religious dissenters from anti-discrimination laws. And it’s not generally understood how minuscule the victory is, says Andrew Koppelman, professor of law and political science at Northwestern University.

  • Congress’ Overlooked Environmental Legislation

    Rachel Jacobson

    The House recently passed — and now the Senate is considering — the most important piece of energy and environmental legislation it will consider all year. It isn’t a revision to the Endangered Species Act or the Clean Water Act. It's the National Defense Authorization Act, say attorneys with WilmerHale.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • A Look At 2 GDPR-Inspired Privacy Bills In Senate

    Carroll_Katherine_Mooney_HRC.jpg

    The very public and high-profile allegations against Facebook have led to more discussion about data privacy than ever before within the U.S. Two pieces of proposed legislation have the potential to considerably change the U.S. data privacy regime, but it is not clear that either has a realistic chance of passing, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Right Of Way And Property Rights In A Driverless World

    Michelle Rudd

    With much land in today's cities currently designated right of way, broad use of autonomous vehicles may provide opportunities to repurpose some of this property. But first, decision-makers will need to understand the nature of the ownership interests in the property, says Michelle Rudd of Stoel Rives LLP.

  • Opinion

    We Must Protect The PTAB

    Dana Rao

    Some people are intent on convincing newly appointed U.S. Patent and Trademark Office Director Andrei Iancu to roll back post-grant review procedures. The innovation community needs to remind Iancu why the patent reform gains of the last few years are so critical, says Dana Rao, associate general counsel of intellectual property and litigation at Adobe Systems Inc.

  • Opinion

    Exempt Indian Country From The 'Kiddie Tax'

    Nicole Elliott

    Congress should move to exclude the transfer of tribal funds to young tribal members from being taxed under the "Kiddie tax," a tax instated in 1986 and amplified by the Tax Cuts and Jobs Act, say attorneys at Holland & Knight LLP.

  • New Calif. 'National Origin' Rules Stray From Federal Policy

    Thea Rogers

    The recent approval of new amendments to the California Fair Employment and Housing Act by the state's Office of Administrative Law broadens and bolsters the protections the state affords to noncitizens. But it also directly clashes with President Donald Trump's executive orders on immigration, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Unique Considerations In Cryptocurrency Estate Planning

    Michael Kearney

    Security features unique to cryptocurrency put investors at risk of losing such assets upon incapacity or death. Understanding these features and crafting a plan that addresses certain important factors will help assure digital assets are effectively passed on to heirs and beneficiaries, say Michael Kearney and Joseph Doll at Cole Schotz PC.