Public Policy

  • December 11, 2017

    Fla. City Scores Wins At 11th Circ. In Liquor Store Sale Row

    The Eleventh Circuit on Friday largely affirmed a decision tossing litigation alleging a conspiracy between Marathon, Florida, and city officials to try to discourage the sale of a liquor store and cocktail lounge, concluding that most of the allegations were rightfully dismissed, but one isn’t yet ripe for review.

  • December 11, 2017

    Bitcoin Futures Bring Digital Currencies To Wider Market

    The launch of bitcoin futures trading will likely pave the way for broader market acceptance of cryptocurrencies as investment products, experts said Monday, volatility risks notwithstanding.

  • December 11, 2017

    NLRB Partial Settlements Shift Is Trump Board's 1st Reversal

    The National Labor Relations Board said Monday that its judges can sign off on partial settlement proposals even if the agency’s general counsel and the charging party in a given case object, restoring the board’s “reasonableness” settlement standard in the Trump board’s first reversal of Obama-era policy.

  • December 11, 2017

    Prosecutor Nominees Need To Be More Diverse, ABA Warns

    The American Bar Association has urged the U.S. Department of Justice to place an emphasis on diversity when seeking recommendations for nominees to serve as U.S. attorneys, warning that a lack of diversity in the legal profession could erode public confidence in the justice system.

  • December 11, 2017

    EU Finance Chiefs Warn Congress Over GOP Tax Bills

    The finance chiefs of Europe's five largest economies on Monday warned U.S. Treasury Secretary Steve Mnuchin and other U.S. leaders that provisions of the Republican tax bills could be at odds with World Trade Organization rules, break double-taxation agreements, constitute unfair trade practices and hurt international banking and insurance.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    Northwestern Mutual Must Hold Manafort's Insurance Policy

    A federal judge on Monday granted Special Counsel Robert Mueller's request that Northwestern Mutual Life Insurance Co. be required to preserve the value of a life insurance policy for indicted former Trump campaign manager Paul Manafort and his wife.

  • December 11, 2017

    Telecoms Tell 9th Circ. FCC's Network Transition Too Fast

    Several telecommunications organizations asked the Ninth Circuit on Friday to review the Federal Communication Commission’s recent move to speed the transition from copper to fiber optic networks, arguing that the decision is “arbitrary” and may violate federal laws.

  • December 11, 2017

    OECD Proposes New Disclosure Rules For Tax Advisers

    The Organization for Economic Cooperation and Development on Monday released recommended rules that would require tax advisers and planners to disclose if they are marketing structures or “schemes” to avoid new global reporting rules that prohibit tax evasion.

  • December 11, 2017

    Pa.'s New Fraud Unit Nets $30M In Taxpayer Savings

    A program designed to block fraudulent tax refunds is paying off for Pennsylvania, bringing in nearly $30 million in its first year.

  • December 11, 2017

    Enviros Sue Chem Safety Board Over Accident Report Rules

    Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.

  • December 11, 2017

    WTO Delays Ruling In Landmark EU-China Dumping Scrap

    A decision in the bombshell dispute between the European Union and China regarding the treatment of Beijing in anti-dumping cases has been delayed to the second half of 2018, the World Trade Organization said Monday, citing a lack of personnel on hand to weigh the case.

  • December 11, 2017

    €8B Business Cost Prompts EU To Simplify Tax Refund Process

    The European Commission on Monday introduced a set of procedures aimed at simplifying the refund process for cross-border investors that are hit with a withholding tax twice, noting that the current repayment system’s complexity costs businesses €8.4 billion ($9.9 billion) a year.

  • December 11, 2017

    EPA Says It Won’t Change Challenged Tribal Water Rules

    The U.S. Environmental Protection Agency said on Friday that it wouldn’t change course on any decisions challenged in a suit from the state of Maine over the agency’s tightening of water quality standards for tribal waters.

  • December 11, 2017

    States, AFL-CIO Back Seattle's Uber Union Law In 9th Circ.

    A dozen states and the AFL-CIO threw their support behind the city of Seattle on Friday, telling the Ninth Circuit that a local ordinance allowing Uber and Lyft drivers to unionize should be upheld because it’s covered by state-action immunity and doesn’t violate federal antitrust law.

  • December 11, 2017

    Trump Sued By Refugees In Calif. Court Over 3rd Travel Ban

    A group of refugees and immigrants and a social services organization on Friday amended a putative class action in California federal court to challenge President Donald Trump’s third travel ban, saying it is yet another attempt to target Muslims.

  • December 11, 2017

    Justices Leave PAGA No-Arbitration Rule Intact In Calif.

    The U.S. Supreme Court refused on Monday to review a California appellate court decision that claims under the state's Private Attorneys General Act cannot be arbitrated, effectively rejecting arguments that the Federal Arbitration Act preempted state labor laws like PAGA that disfavor arbitration.

  • December 11, 2017

    DOD To Accept Trans Troops After Court Refuses To Budge

    The U.S. Department of Defense will allow transgender people to enlist in the military beginning Jan. 1, after a Washington, D.C., federal judge on Monday refused to halt an injunction against the Trump administration’s efforts to stop transgender troops from serving.

  • December 11, 2017

    Justices Won't Review Admissibility Of I-9 Forms In Removals

    The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that held that evidence from a Form I-9, or worker eligibility document, can be used against an immigrant in removal proceedings, not just in criminal proceedings.

  • December 11, 2017

    Lighthizer Plays Nice With WTO, Still Stumps For Revamps

    U.S. Trade Representative Robert Lighthizer addressed the World Trade Organization’s Ministerial Conference in Argentina on Monday, with relatively kind words for the multilateral trading system while reiterating his call for big changes to the WTO.

Expert Analysis

  • Creditors Beware: New, Simplified Ch. 13 Comes At A Price

    Harris Winsberg

    Changes to the federal bankruptcy rules taking effect on Dec. 1 will likely result in Chapter 13 and other cases moving more swiftly toward confirmation, but this efficiency could be at the expense of preoccupied or otherwise lackadaisical creditors, say attorneys with Troutman Sanders LLP.

  • Examining End Of EPA's 'Sue And Settle' Practice

    Maureen Mitchell

    With the stated intention of promoting transparency and public participation in the process of resolving lawsuits brought against the U.S. Environmental Protection Agency, Administrator Scott Pruitt recently issued a directive to end the “sue and settle” practices within the agency. But whether the directive will provide relief for the EPA from the policy is debatable, says Maureen Mitchell of Fox Rothschild LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • Series

    My Supreme Court Debut: 'Ladies' Day' At The High Court

    Sarah Weddington

    When I first argued Roe v. Wade before the U.S. Supreme Court, I was told I was believed to be the youngest person ever to argue there. I was 26, says Sarah Weddington, founder of the Weddington Center.

  • Opinion

    Why Contempt For The CFPB Is A Big Business Mistake

    Dannyhighres 500.jpg

    The Consumer Financial Protection Bureau keeps the marketplace safe for well-behaved companies, by policing cheaters who take away sales, profits and market share from businesses that follow the rules. Why honest companies would revile the protective force that ensures their prosperity is a mystery, says Daniel Karon of Karon LLC.

  • Proposals For Reform Under A New CFPB

    Reginald Brown

    Once the dispute over appointment of the Consumer Financial Protection Bureau's new director is resolved, the first task for the new interim director will be to set a new and likely very different course for the bureau. Attorneys at WilmerHale discuss a variety of policy reforms the new director should implement.

  • A Potential New Hurdle For Foreign Investments

    Kenneth Nunnenkamp

    With the United States Foreign Investment Review Act recently introduced in the Senate, foreign investors, U.S. sellers and other concerned parties may soon be required to consider both the national security implications and the U.S. domestic economic impact of their proposed transactions, say attorneys with Morgan Lewis & Bockius LLP.

  • Mueller’s Options, Short Of Indictment

    Ronald Levine

    Suppose special counsel Robert Mueller’s investigation unearths evidence that falls short of the legal standard to indict but would likely be of great interest to the public and/or relevant to congressional committees. If appropriate, Mueller has several potential paths to the disclosure of the grand jury’s evidence, says Ronald Levine, head of Post & Schell PC's white collar defense group.

  • Financial Institutions Must Invest In FATCA Compliance

    Ashly Elmore Drew

    The deadline for foreign financial institutions to sign up with the U.S. Internal Revenue Service's Foreign Account Tax Compliance Act registration system came and went last month. While deregulatory and tax reform efforts in Washington could eventually change FATCA enforcement, for the time being, failure to be in compliance can have serious implications, say attorneys with Burr & Forman LLP.

  • Expiring Soon: Temporary BPA Warning Regs Under Prop 65

    Robert Falk

    With the holidays and end of the year in mind, Robert Falk and Michael Steel of Morrison & Foerster LLP outline what food and beverage manufacturers and sellers should know before the temporary safe harbor warning for Bisphenol A exposures under California’s Proposition 65 expires at the end of next month.