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Public Policy

  • June 12, 2018

    Partisan Potshots At NLRB Par For The Course, Ex-Chair Says

    Although critics have accused the National Labor Relations Board of becoming overly politicized in recent years — and the board's stance on issues like the legality of class waivers has left businesses and worker advocates sharply divided — former NLRB Chair Philip Miscimarra told Law360 in an exclusive interview that the labor board isn't operating any differently than it has in the past.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    Enviros Say Calif. County Rule Removes Oil And Gas Scrutiny

    A coalition of environmental advocates have appealed a California state court's decision to uphold a Kern County ordinance they say fast-tracks oil and gas permitting, arguing the outcome allows wells to be drilled without first going through a proper environmental review.

  • June 12, 2018

    FCC Designates New UK 'White Spaces' Database Manager

    The Federal Communications Commission has designated a major domain name registry in the United Kingdom to run a database listing unused broadcast TV spectrum that identifies untapped wireless spectrum capable of transmitting broadband data, saying the company’s technical expertise made it the right candidate for the job.

  • June 12, 2018

    DC Circ. Backs FERC Changes To PJM Grid Payment Plan

    The D.C. Circuit on Tuesday affirmed Federal Energy Regulatory Commission orders modifying how regional grid operator PJM Interconnection pays participants in its wholesale electricity markets for helping relieve congestion on the grid, rebuffing pleas from challengers including state utility regulators from New Jersey and Delaware to second-guess FERC's reasoning.

  • June 12, 2018

    La. Real Estate Board Asks 5th Circ. For Stay On FTC Trial

    The Louisiana Real Estate Appraisers Board has urged the Fifth Circuit to pause a Federal Trade Commission administrative trial challenging board regulations that control appraisal fees, arguing the appeals court should first decide on its immunity from federal antitrust laws to prevent “distraction” of state officials.

  • June 12, 2018

    Bill Would Limit Immigrant Family Separations Near Border

    Senate Democrats have introduced a bill that would restrict the ability of immigration officers within 100 miles of any U.S. border from separating children from parents suspected of being in the United States without authorization, targeting what they say is an "unconscionable" new Trump administration policy.

  • June 12, 2018

    Tax Court Nominees Will Be Challenged By TCJA, Wyden Says

    Judicial nominees for the U.S. Tax Court will face muddled statutes as they decide cases involving the federal tax overhaul legislation, Senate Finance Committee ranking member Ron Wyden, D-Ore., said during a confirmation hearing Tuesday, as the committee decides whether the U.S. Senate will consider nominations for both the Tax Court and the U.S. International Trade Commission.

  • June 12, 2018

    AT&T, Time Warner Merger Cleared, DOJ Warned Against Stay

    AT&T can complete its $85 billion purchase of Time Warner in a major transformation of the pay-TV landscape, a D.C. federal judge ruled Tuesday, rejecting U.S. Department of Justice efforts to block the merger and warning that blocking it pending appeal would be an “injustice.”

  • June 12, 2018

    FERC Commissioners Deny Necessity Of Coal, Nuke Bailout

    Federal Energy Regulatory Commission members said Tuesday that there are no current national security-related grid threats that warrant propping up struggling coal and nuclear power plants, a position that puts them at odds with the Trump administration and its calls for such a bailout.

  • June 12, 2018

    Kaepernick Looks To Up The Ante, Pull Trump Into Grievance

    NFL quarterback Colin Kaepernick, who started a wave of player national anthem protests, is expected to try to compel U.S. President Donald Trump to testify in an ongoing labor grievance, a move some experts said strategically looks to turn the president's politicization of the issue to Kaepernick's advantage.

  • June 12, 2018

    Bill To Pay Landowners For Fracking Ban Heads To Pa. Senate

    A Pennsylvania Senate committee gave its approval on Tuesday to a bill that would treat a proposed permanent ban on hydraulic fracturing in the Delaware River basin as an act of eminent domain entitling landowners to compensation for lost opportunities to lease their properties for drilling.

  • June 12, 2018

    EU Will Continue Fight For Digital Tax, Moscovici Says

    The European Union will continue its efforts to tax the world’s largest digital companies despite key countries' reservations about the proposal and concerns that it could hurt the EU's competitiveness, the European Commission's top tax official, Pierre Moscovici, said in an exclusive interview with Law360.

  • June 11, 2018

    Payday Groups Defend Joint Request For CFPB Rule Stay

    Two payday lender trade groups on Monday defended their joint request to the Consumer Financial Protection Bureau for a stay of the compliance date of the agency’s so-called payday rule, telling a Texas federal judge that the consumer advocates who want to weigh in against the request are off the mark.

  • June 11, 2018

    NEC Director Kudlow Has Heart Attack, Trump Says

    National Economic Council Director Larry Kudlow, who has emerged as a key player in the Trump administration’s trade enforcement push in recent weeks, suffered a heart attack Monday night, President Donald Trump announced on Twitter.

  • June 11, 2018

    US Can't Split Yemenis' Case Alleging Immigration Bias

    A New York federal judge on Monday denied the federal government’s bid to break up a case in which several individuals allege that immigration officials are dragging out their bids to petition for relatives to enter the United States from Yemen because of the U.S. government’s bias against Muslims.

  • June 11, 2018

    NJ Sports Betting Bill Now Law After High Court Victory

    New Jersey Gov. Phil Murphy on Monday signed legislation to permit sports betting at casinos and racetracks, putting the finishing touch on a yearslong legal battle that led last month to a U.S. Supreme Court decision authorizing such gambling in the Garden State.

  • June 11, 2018

    Kaspersky Urges DC Circ. To Expedite Federal Ban Ruling

    Embattled Russian cybersecurity firm Kaspersky Lab Inc. urged the D.C. Circuit to quickly decide its appeal over a ban on the U.S. government using its products, saying a growing stigma resulting from the ban has significantly hurt its bottom line.

  • June 11, 2018

    Securities Fraud Class Actions Must Be Curtailed, Attys Say

    Class action securities fraud suits have proliferated in recent years, a trend that’s harming U.S. businesses, investors and the economy, and it needs to be reversed, a panel of defense attorneys said at an event Monday in Lafayette Hills, Pennsylvania.

  • June 11, 2018

    Supreme Court, Bitterly Divided, Backs Ohio Voting System

    From snarky one-liners to grave charges of historical ignorance, Monday's 5-4 decision in a U.S. Supreme Court case over Ohio's system for purging its voter rolls elicited heated rhetoric among the justices in what has been a common occurrence this term.

Expert Analysis

  • Still Looking For Clarity In DOD Information Security Rule

    Jeniffer De Jesus Roberts

    The U.S. Department of Defense recently issued guidance on its information safeguarding rule, but many believe the rule remains as clear as mud. There are some steps contractors can take to protect themselves from the unknown, say Jeniffer De Jesus Roberts and Katherine Veeder of Alston & Bird LLP.

  • 2 Gambling Issues That May Change After Sports Bet Ruling

    David Jacoby

    The U.S. Supreme Court's decision in Murphy is just the latest flip in America’s roller-coaster treatment of gambling. This particular twist is likely to impact directly the fortunes of two groups somewhat improbably linked by their relationship to gambling — Native American tribes and the tiny Caribbean nation of Antigua and Barbuda, says David Jacoby of Culhane Meadows PLLC.

  • A Closer Look At New Federal 'Right To Try' Law

    Phoebe Mounts

    Recently signed into law by the president, the federal Right to Try Act creates a framework for patients to access investigational new drug products. But it comes in the wake of a majority of states passing their own "right to try" laws, creating the potential for a conflict between state laws, the U.S. Food and Drug Administration’s expanded access regulations and federal statutes, say attorneys with Morgan Lewis & Bockius LLP.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Why IRS Will Struggle To Respond To State SALT Cap Bypass

    Radha Mohan

    High-tax states are responding to the Tax Cuts and Jobs Act's state and local tax deduction cap by passing workaround laws and programs to protect their residents. It is now up to the IRS to show that these programs aren't eligible for a federal deduction — a challenging task as similar programs existed pre-TCJA in over 30 other states, say Rahda Mohan and Lai King Lam of McGuireWoods.

  • What The EU's Iran Sanctions 'Blocking' Means For Cos.

    Guy Soussan

    In response to the reimposed U.S. sanctions on Iran, the European Union is updating its law designed to block companies from complying with certain sanctions imposed by other countries. But whether European companies want to continue with or disengage from Iran-related activities, they may be caught between a rock and a hard place, say attorneys with Steptoe & Johnson LLP.

  • Navigating NLRB's Continually Shifting Landscape

    Colin Wells

    The National Labor Relations Board's recent decision in Long Beach Memorial Medical Center — concerning whether certain employer work rules violate the National Labor Relations Act — and its recent return to a Republican majority following John Ring’s confirmation as chairman demonstrate how shifts in board precedent and enforcement policy can leave employees and employers in a constant state of limbo, says Colin Wells of Davis Wright Tremaine LLP.

  • Twitter As Public Forum: The Limits Of The Trump Ruling

    Lyrissa Lidsky

    Until recently there has been little guidance on how U.S. Supreme Court precedent on public forums applies to an increasingly digital world. A New York federal court's decision last week regarding President Donald Trump’s Twitter account is significant because it recognizes the way we talk now, says Lyrissa Lidsky, dean of the University of Missouri School of Law.

  • Illinois Tax Talk: Time To Toss The 'Throw-Out' Rule?

    Christopher Lutz

    While many states employ some form of throw-back rule in calculating sales factor, Illinois’ espousal of both a throw-back and throw-out rule is unique. Given the incompatibility between Illinois’ market-based sourcing, Illinois’ use of throw-out is likely to generate substantial controversy, says Christopher Lutz of Horwood Marcus & Berk Chtd.

  • Is Your Mental Health Parity Compliance Up To Par?

    Michelle Capezza

    Compliance with the requirements of the Mental Health Parity and Addiction Equity Act is an enforcement priority for the U.S. Department of Labor this year. Given recently proposed FAQs from the DOL, the U.S. Department of Health and Human Services, and the U.S. Department of the Treasury, sponsors of group health plans should review and analyze their programs, says Michelle Capezza of Epstein Becker Green.