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Public Policy

  • September 17, 2018

    DC Circ. Delays Voiding Section Of 2008 Ozone Rule

    The D.C. Circuit on Friday agreed to delay until February its voiding of a portion of the U.S. Environmental Protection Agency's 2008 ozone standards implementation rule that exempted some areas from transportation-related air quality requirements.

  • September 17, 2018

    CIA Can't Shake Suit Seeking Twitter Usage Docs

    A Massachusetts federal judge on Monday shot down the Central Intelligence Agency's bid to ax a Freedom of Information Act suit seeking documents about the agency's Twitter usage, finding that the limited scope of portions of the CIA's search and its decision to withhold information about certain individuals' identities were improper.

  • September 17, 2018

    No Kickback Fines For Implant Refunds, HHS Watchdog Says

    An orthopedic implant maker won’t face Anti-Kickback Statute penalties for offering refunds to incentivize purchases of its products, according to an opinion released Monday by the Office of Inspector General for the U.S. Department of Health and Human Services.

  • September 17, 2018

    Fla. Court Skeptical Of Fed Coercion In County's ICE Policy

    A Florida appeals court voiced skepticism Monday that Miami-Dade County officials were coerced into a decision to eliminate protections for undocumented immigrants from U.S. Immigration and Customs Enforcement detainer requests and seemed poised to overturn a trial judge's decision shooting down the new policy.

  • September 17, 2018

    USPTO Seeks Help Building AI For Faster Prior Art Searches

    The U.S. Patent and Trademark Office has asked the public for help developing tools using artificial intelligence and machine learning to improve the agency’s search capabilities and streamline the patent prosecution process.

  • September 17, 2018

    New Commissioner Could Help Clayton's SEC Agenda

    The arrival of Commissioner Elad Roisman to fill the U.S. Securities and Exchange Commission’s lone vacancy likely bolsters Chairman Jay Clayton’s agenda on certain deregulatory items, experts said, and could provide a critical voice to cryptocurrency matters facing the SEC.

  • September 17, 2018

    Calif. Starts Ball Rolling With Novel Internet Of Things Law

    California is poised to become the first state to enact rules mandating security features for internet-connected devices, marking a modest first step in what is likely to be a flurry of activity in the coming years to more tightly regulate emerging technologies at the state and federal levels, experts say.

  • September 17, 2018

    Judge To Sheldon Silver: Your 'Day Of Reckoning' Is Nigh

    The Manhattan federal judge who presided over the trial and retrial of former New York State Assembly Speaker Sheldon Silver rejected Silver's attempt to stay out of jail during his second appeal on Monday, calling it a bid to "postpone his day of reckoning."

  • September 17, 2018

    NYC Sets Aside $4.1M For Migrant Children's Legal Services

    New York City has allocated $4.1 million to administer legal services for migrant children placed in federal facilities under the Office of Refugee Resettlement, including access to legal risk assessments and screening for individuals seeking to sponsor migrant children, Mayor Bill de Blasio announced Monday.

  • September 17, 2018

    EPA Poised To Replace Clean Power Plan, DC Circ. Hears

    The U.S. Environmental Protection Agency on Friday urged the D.C. Circuit to reject a bid by Clean Power Plan supporters to decide the merits of the rule, saying its proposed replacement should be finalized by the first part of 2019.

  • September 17, 2018

    Education Dept. Ruled Irrational In Nixing Debt Collection Deal

    The U.S. Department of Education lacked a rational basis for canceling a hotly contested solicitation for student loan debt collection services, a U.S. Court of Federal Claims judge has ruled, sustaining eight consolidated protests filed by collection agencies.

  • September 17, 2018

    How Lehman's Bankruptcy Put SIPC In The Spotlight

    When Lehman Brothers filed for bankruptcy 10 years ago, one of the first outfits called in was one that traditionally operated under obscurity. But the Securities Investor Protection Corp. made a name for itself in the historic Chapter 11 case, restoring more than $90 billion worth of assets to Lehman’s brokerage customers.

  • September 17, 2018

    Cities' Input Shut Out Of Infrastructure Order, FCC Told

    Local government stakeholders were silenced during the process of drafting the Federal Communications Commission's upcoming order that sets timelines and fee schedules for new small cells, and localities' views have been consistently misrepresented to the commission, according to a member of the Broadband Deployment Advisory Committee.

  • September 17, 2018

    Secretary Says Current Air Force Too Small For Demands

    Air Force Secretary Heather Wilson on Monday called for a huge increase in its number of aircraft squadrons over roughly the next decade, bringing the Air Force to a size not seen since the Cold War, arguing the service is too small to do what is being expected of it.

  • September 17, 2018

    Proposed GILTI Regs' Anti-Abuse Rule Seen As Overly Broad

    Proposed U.S. regulations for the global minimum tax on intangible income contain an anti-abuse provision that could allow the Internal Revenue Service to disregard the effects of certain offshore transactions even if there aren’t signs of tax avoidance, specialists say.

  • September 17, 2018

    Kavanaugh, Assault Accuser Asked To Testify Before Senate Panel

    The Senate Judiciary Committee will hold a hearing on sexual assault allegations against D.C. Circuit Judge Brett Kavanaugh, the panel’s chairman said Monday, signaling a delay and possible trouble for the U.S. Supreme Court pick.

  • September 17, 2018

    Charter Pushes For Cable Rate-Control Relief In Mass., Hawaii

    An emerging threat from new online TV streaming competitors calls for freeing the cable business from rate caps in dozens of Massachusetts markets and a Hawaiian island, telecom giant Charter has argued in a new request to the Federal Communications Commission.

  • September 17, 2018

    Trump Hits China With Tariffs On Another $200B In Goods

    President Donald Trump announced Monday that he will hike tariffs on $200 billion worth of Chinese goods to as high as 25 percent in an escalating dispute over Beijing’s intellectual property rules.

  • September 17, 2018

    Mass. To Enforce 'Cookie Nexus,' Revenue Dept. Says

    Massachusetts made it clear Monday that it will continue to enforce its “cookie nexus” regulation reaching back to October 2017, when the regulation was promulgated.

  • September 17, 2018

    Calif. #MeToo Bills May Help Harassment Suits Reach Juries

    A sweeping legislative package recently passed by California lawmakers aiming to combat sexual harassment contains a batch of new mandates for employers and could make it tougher to convince courts to throw out harassment lawsuits. Here, attorneys tell Law360 which bills to keep an eye on and what may lie ahead if they are all signed into law.

Expert Analysis

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • A New Direction For EPA Enforcement Program

    Andrew Stewart

    After two decades, the U.S. Environmental Protection Agency is overhauling its enforcement framework to shift the focus to nontraditional methods. A push for significant changes in this realm is unsurprising since the agency has much greater running room under the Administrative Procedure Act, say Andrew Stewart and Richard Alonso of Sidley Austin LLP.

  • 8 Ways ICSID Proposal Would Change Arbitration

    Sarah Reynolds

    The International Center for Settlement of Investment Disputes recently proposed extensive rule revisions. These updates come at a troubling time for investor-state arbitration, which faces increasing backlash from nongovernmental organizations and criticism from populist politicians, say attorneys with Mayer Brown LLP.

  • Opinion

    Rollback Of Executive Orders A Win For Federal Employees

    Zachary Henige

    A D.C. federal judge's recent decision in American Federation of Government Employees v. Trump — striking down some of the more pernicious provisions of three executive orders meant to undermine federal-sector worker rights — is a welcome reminder of the value of collective bargaining, says Zachary Henige of Kalijarvi Chuzi Newman & Fitch PC.

  • Florida, We Have A Tax Problem: Inside The TCJA Review

    Mark Holcomb

    The Florida Department of Revenue has been reviewing the impact of the Tax Cuts and Jobs Act on Florida's corporate income taxpayers. Attorneys at Dean Mead Egerton Bloodworth Capouano & Bozarth PA delve into the most pressing issues discussed at last week's public meeting on the nexus of federal and state tax reform.

  • Opinion

    Judicial Review Of A Manafort Pardon Would Be Overreach

    Harold Krent

    The conviction of Paul Manafort has sparked speculation as to whether President Donald Trump might issue a pardon to his lieutenant and, if so, whether it would constitute obstruction of justice. But a presidential pardon — irrespective of motive — should not be subject to judicial reversal, says Harold Krent, dean of the Chicago-Kent School of Law at the Illinois Institute of Technology.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Affordable Clean Energy Rule: A New Path To GHG Reduction

    Jane Montgomery

    The Affordable Clean Energy rule, proposed by the U.S. Environmental Protection Agency last week, is already controversial. Critics focus on limited greenhouse gas reductions from efficiency projects, but the rule works in concert with market forces and existing law, says Jane Montgomery of Schiff Hardin LLP.

  • Cos. Must Prepare For Toughening Russia Sanctions

    Mario Mancuso

    On Monday, the U.S. Department of State enacted the first round of sanctions against Russia in response to the March 2018 poisoning of the Skripal family in the United Kingdom. The impact of these sanctions is somewhat limited, but the next round of sanctions, expected in early November, may be more sweeping, say attorneys with Kirkland Ellis LLP.