Public Policy

  • March 15, 2018

    Ex-Boston Top Cop Backs Hair Drug Test To Screen Officers

    The former commissioner of the Boston Police Department told a Massachusetts federal judge in a long-running trial Thursday that he believed a drug test using hair samples was a valid means of screening officers, but acknowledged concern about a racial disparity in the results.

  • March 15, 2018

    FDA Floats Plan To Cap Nicotine Levels In Cigarettes

    The U.S. Food and Drug Administration on Thursday moved ahead with its plan to drastically reduce nicotine addiction and smoking-related deaths by cutting nicotine levels in cigarettes to the point where potential smokers won’t get hooked and it will be easier for smokers to quit.

  • March 14, 2018

    SEC Urged To Amend Rules Governing ICO Market

    A cryptocurrency lawyer told a House of Representatives committee on Wednesday that Congress should urge the Securities and Exchange Commission to amend its rules to improve clarity in the market for initial coin offerings, a nascent but booming field of capital raising.

  • March 14, 2018

    Senate Committee Moves NLRB Closer To Republican Majority

    Republicans on the Senate’s labor committee on Wednesday advanced the nomination of veteran Morgan Lewis & Bockius LLP attorney John Ring for the lone vacancy on the National Labor Relations Board, moving it one step closer to reattaining a Republican majority that will likely revisit numerous Obama-era decisions.

  • March 14, 2018

    EU Trade Boss Expects Tariff Exemption Details 'Very Soon'

    The European Union’s top trade official said Wednesday that she still does not know how foreign governments can earn exemptions from the forthcoming U.S. tariffs on steel and aluminum, but expects the Trump administration to come forward with those details “very soon.”

  • March 14, 2018

    Cook Co. Tax Assessor Looses On Campaign Donation Limits

    Cook County Assessor Joseph Berrios on Tuesday lost a court challenge to the county’s campaign contribution limits after having been fined earlier this year for failing to return campaign contributions from property tax appeals lawyers whose donations exceeded the limits. 

  • March 14, 2018

    White House Names Kudlow New Top Economic Adviser

    The White House said Wednesday that Lawrence Kudlow, a conservative economic commentator, will replace Gary Cohn as President Donald Trump’s chief economic adviser following Cohn’s decision last week to resign as director of the National Economic Council.

  • March 14, 2018

    Mass. AG Must Face Gun Groups In Court, Judge Rules

    Firearm retailers and activists in Massachusetts got a federal judge’s blessing on Wednesday to sue Attorney General Maura Healey for allegedly confusing them about what rifles fall under a state ban on assault weapons, a misunderstanding with potentially criminal consequences.

  • March 14, 2018

    Feds Fight Narrow Definition Of Extortion In City Hall Row

    Prosecutors trying to convict a pair of Boston City Hall aides accused of extortion told a Massachusetts federal judge Wednesday that his definition of the word is so narrow, it could make it tougher to prosecute cases against mafia soldiers or corrupt politicians under the Hobbs Act.

  • March 14, 2018

    Committee Begins Effort To Shore Up Multiemployer Pensions

    The congressional committee created by the 2018 budget act to propose a fix for a looming multiemployer pension system collapse met for the first time Wednesday, the same day that the U.S. Chamber of Commerce and a multiemployer pension plan advocacy group offered general principles for potential legislation.

  • March 14, 2018

    GWB Figure Tells 3rd Circ. Revenge Plot Wasn't A Crime

    An alleged scheme to reduce local access lanes to the George Washington Bridge as a form of political revenge was not a crime, a former Port Authority of New York and New Jersey executive said Wednesday in urging the Third Circuit to throw out his conviction in the scandal.

  • March 14, 2018

    4 Takeaways From EPA's New Source Review Guidance

    The U.S. Environmental Protection Agency’s decision Tuesday to change the permitting process for proposed projects that emit air pollutants will simplify the system and make it easier for some projects to be approved, while creating a new legal target for environmental groups, experts say. Here are four takeaways from the EPA’s New Source Review memorandum.

  • March 14, 2018

    Calif. Tries Again To Block Trump On 'Sanctuary' Threats

    The state of California on Tuesday asked a federal court to reconsider denying the state's bid to temporarily bar the Trump administration from potentially penalizing California for its so-called “sanctuary” policies towards immigrants unauthorized to be in the U.S.

  • March 14, 2018

    Senate Bill Takes Scalpel, Not Ax, To Dodd-Frank, Attys Say

    The bipartisan banking bill that cleared the U.S. Senate on Wednesday may be the banking industry's best hope yet for rolling back some of the Dodd-Frank Act's rules, but some attorneys say the legislation that's emerged doesn't exactly dismantle the landmark 2010 financial reform law.

  • March 14, 2018

    House Weighs Export Controls, National Security At Hearing

    The House Committee on Foreign Affairs during a hearing on Wednesday fielded comments and advice from former government officials on how best to update export control regulations and foreign investment reviews that would both protect national security and help maintain economic advantages.

  • March 14, 2018

    Ill. Court Official Battles Bid For Quick Access To E-Filings

    An Illinois federal judge improperly interpreted the First Amendment when he ordered Cook County's Circuit Court clerk to make new electronically filed complaints immediately available to the public, the local court official told the Seventh Circuit on Tuesday.

  • March 14, 2018

    Calif. Considers Reviving Net Neutrality With Tougher Policy

    California state senators proposed a net neutrality bill Wednesday that would not only counteract the Federal Communications Commission’s recent repeal of Obama-era policies but would surpass those repealed policies through measures like the prohibition of zero-rated data products.

  • March 14, 2018

    Senators Grill Cabinet Chiefs On Infrastructure Funds

    The U.S. secretaries of transportation, commerce, labor, energy and agriculture before a Senate panel on Wednesday defended President Donald Trump’s proposal to streamline environmental reviews and spur state and local governments to invest more in infrastructure, even as lawmakers remained skeptical of the feasibility of paying for the plan.

  • March 14, 2018

    Tribes Need Gov't Funding To Fight Opioids, Senate Panel Told

    Native American tribal officials and federal agency representatives painted a bleak picture of the impact of opioids on Indian Country for the Senate Committee on Indian Affairs on Wednesday, with the tribal officials calling for increased and more direct federal funding to tribes to combat the opioid epidemic.

  • March 14, 2018

    Rights Groups Say CLOUD Act Tramples Civil Liberties

    The National Association of Criminal Defense Lawyers, the American Civil Liberties Union and others are calling on Congress to block legislation meant to facilitate cross-border data requests by law enforcement, saying the measure would torpedo U.S. residents’ Fourth Amendment rights.

Expert Analysis

  • Inside The Final DOL Regulations On Disability Claims

    Arthur Marrapese

    New U.S. Department of Labor regulations aimed at Employee Retirement Income Security Act-governed disability plans, which take effect April 1, will likely require amendments to most plans that confer benefits based on a participant’s (or beneficiary’s) disability, says Arthur Marrapese of Barclay Damon LLP.

  • Tax Reform's Impacts On Pass-Through Entities

    2 Ways Tax Reform Impacts Pass-Through Entities And Owners

    The tax reform bill passed at the end of 2017 includes numerous provisions affecting pass-through entities and their owners. These provisions are complex, and create both strategic opportunities and pitfalls for the unwary. In this video, Wes Sheumaker and Eric Santos of Eversheds Sutherland LLP discuss the 20 percent deduction for qualified business income and the limitation on excess business losses.

  • What To Expect From EEOC's New Harassment Guidance

    Kristin Klein Wheaton

    Earlier this month U.S. Equal Employment Opportunity Commission Acting Chair Victoria Lipnic stated the agency will release its new guidance on sexual harassment “soon.” What it will look like is anyone’s guess, but the EEOC intends it to replace several previously issued documents, and it appears to be a fairly comprehensive summary of the current state of the law, says Kristin Klein Wheaton of Goldberg Segalla LLP.

  • Anticipating This Year's HIPAA Enforcement Trends

    David Saunders

    The U.S. Department of Health and Human Services and the president’s budget give a clear directional sense for what Health Insurance Portability and Accountability Act enforcement could consist of in 2018 and the foreseeable future. And the name of that game appears to be “less is more,” says David Saunders of Jenner & Block LLP.

  • Stakeholders Must Act Now To Nominate Opportunity Zones

    Aileen Thomas

    The Tax Cuts and Jobs Act created a program to direct much-needed capital to low-income communities by providing significant tax benefits to investors who use qualified opportunity funds. States, which can nominate communities for designation as qualified opportunity zones until March 21, are seeking input from stakeholders, and all need to act quickly, say Jones Walker LLP partners Aileen Thomas and Jonathan Katz.

  • What The DOJ Cyber Task Force Can Do

    Megan Brown

    While history is littered with reports and whitepapers that do not inspire change, there is an opportunity for the U.S. Department of Justice's new Cyber-Digital Task Force to have an impact, say attorneys with Wiley Rein LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 3

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the final part of this article.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • The Latest On Sexual Harassment Reform In Congress

    Bill Pittard

    Sexual harassment in the workplace has been in the news. You may have noticed. And that issue, as things in the news so often do, has made its way to the Hill. Bill Pittard, partner at KaiserDillon PLLC examines the existing law and practice under which sexual harassment allegations in the congressional workplace typically are handled, and touches on the key elements of the leading House proposals to amend that framework.

  • Net Neutrality Repeal May Put Tech Startups In The Slow Lane

    Benjamin Warlick

    There is no telling how the current battle over net neutrality will play out, but there is a good chance that paid prioritization will not go away. Technology and content startups that do not have the resources to buy internet fast lanes may lose sales from slower traffic, says Benjamin Warlick of Morris Manning & Martin LLP.