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Public Policy

  • December 5, 2018

    Progressives Weigh Packing The Court Post-Kavanaugh

    A group of progressive activists gathered Wednesday evening to discuss how to reform the Supreme Court now that conservatives have shored up their majority with two new appointments, including bold strategies such as court-packing and impeaching Justice Brett Kavanaugh if and when Democrats control Congress and the White House.

  • December 5, 2018

    Tribal Authority Key Issue As Justices Mull Okla. Reservation

    The U.S. Supreme Court has probed the federal government, the state of Oklahoma and the Muscogee (Creek) Nation on how much the tribe’s jurisdiction might expand if its historical reservation still exists, and worries that disruption in a huge part of Oklahoma could spur a ruling that hems in tribes’ criminal and civil authority over non-Indians, experts say.

  • December 5, 2018

    Medical Groups Back States In Association Health Plan Row

    The American Medical Association has told a D.C. federal judge that the U.S. Department of Labor's association health plan rule flies in the face of Affordable Care Act’s aim of trying to make sure patients across the country can get good, affordable health coverage.

  • December 5, 2018

    Don't Water Down Calif. Privacy Law, Lawmakers Told

    A coalition of more than a dozen privacy groups is doubling down on its efforts to persuade California lawmakers to refrain from scaling back the state's landmark privacy law, arguing that consumers' data access and control rights need to remain strong and that their ability to bring lawsuits should be broadened.

  • December 5, 2018

    Medicare Lab Pay Can Be Challenged In Court, DC Circ. Told

    A federal judge misread which parts of a Medicare reimbursement law could be challenged in court, the American Clinical Laboratory Association has told the D.C. Circuit in hope of reviving its challenge to cuts for lab payments.

  • December 5, 2018

    Private Immigrant Detention Sites Fare Badly With Grievances

    Immigration detention facilities that are privately operated or found in areas that are relatively sparsely populated generated a higher average number of grievances during the 2015 fiscal year than their publicly run counterparts, according to a report released on Wednesday by an immigrants advocacy group.

  • December 5, 2018

    EPA Dings Calif. For Years-Late Air Quality Plan

    The U.S. Environmental Protection Agency admonished California on Wednesday for the continued delay of years-overdue plans to clean up the air in the San Joaquin Valley, one of the nation's smoggiest regions.

  • December 5, 2018

    House Dems Call On Gov't Watchdog To Probe TPS Rollback

    Dozens of Democratic lawmakers have called for an investigation into the Trump administration’s decisions to terminate temporary protected status for more than 300,000 individuals from six nations, questioning the administration’s motives for revoking those TPS designations in a letter published on Tuesday.

  • December 5, 2018

    NY, NJ Want In On EPA Smog Inaction Suits At DC Circ.

    New Jersey, New York state and New York City have asked the D.C. Circuit for permission to intervene in litigation over the U.S. Environmental Protection Agency's refusal to grant petitions by fellow East Coast states seeking to reduce air pollution from inland sources.

  • December 5, 2018

    Ohio Agency Head Wants Refugee License Bias Suit Tossed

    The head of Ohio's Bureau of Motor Vehicles asked a federal judge Tuesday to dismiss a proposed class action claiming the agency discriminates against noncitizen refugees by illegally denying them driver's licenses, arguing if refugees were improperly denied, it wasn't the result of any direct action on his part.

  • December 5, 2018

    Wyoming Looks To Take Yellowstone Grizzly Fight To 9th Circ.

    Wyoming will turn to the Ninth Circuit to challenge a September ruling that threw out the U.S. Fish and Wildlife Service's decision to remove Endangered Species Act protections for the Yellowstone population of grizzly bear, the state told a Montana federal court Wednesday.

  • December 5, 2018

    Clark Hill Adds Chicago Election Lawyer To Gov't Group

    Clark Hill PLC has added Illinois election attorney John Fogarty, who also serves as the Illinois Republican Party's general counsel, as senior counsel in its Chicago office, the firm announced.

  • December 5, 2018

    Sen.'s Bid To Protect Mueller Again Delays Vote On Judges

    Once again, the Senate Judiciary Committee has canceled a Thursday meeting and delayed votes on Third, Fourth, Sixth and Ninth Circuit judicial nominees as a standoff with Sen. Jeff Flake, R-Ariz., over an unrelated bill to protect the Mueller investigation continues.

  • December 5, 2018

    Senate May Target Saudi Arms Sales In Sanctions Bill

    Senators said Wednesday they're crafting sanctions that could target United States arms sales to Saudi Arabia, following briefings on the crown prince's alleged involvement in the killing of Washington Post journalist Jamal Khashoggi.

  • December 5, 2018

    FCC Smartly Deregulated Copper Networks, 9th Circ. Told

    The Federal Communications Commission was justified in striking requirements last year that impeded the downgrade of legacy copper networks because the stopgaps were slowing the advent of modern technology, the agency told the Ninth Circuit.

  • December 5, 2018

    Pa. Justices Urged To Ax Tax On Broker's Pass-Through Fees

    The Pennsylvania Supreme Court heard arguments in Harrisburg on Wednesday aimed at upending a ruling finding that a York County freight broker was required to pay business privilege tax on payments it took from customers and passed through to carriers.

  • December 5, 2018

    Trump Family Separation Policy Targeted In FOIA Suits

    The advocacy group American Oversight has filed five Freedom of Information Act suits against the Trump administration over records on the family separation policy and its funding, as well as correspondence with immigration restrictionist groups and officials at the U.S.-Mexico border.

  • December 5, 2018

    Texas Panel Lets Hurricane Harvey 'Takings' Suit Proceed

    A Texas appellate court has partially sided with Houston-area homeowners suing the San Jacinto River Authority over damage to their homes in the wake of Hurricane Harvey, holding that their "takings" claims can proceed, but other claims must be refiled in a county court at law rather than a state district court.

  • December 5, 2018

    Airbnb Loses Round As Fla. Court Lifts Bar On Miami Ban

    A Florida state appeals court ruled Wednesday that the city of Miami could enforce its ban on short-term rentals in residential neighborhoods and target residents renting rooms and homes through Airbnb and other home-sharing platforms, reversing an injunction blocking the ban as overly broad.

  • December 5, 2018

    Logistics Cos. Urge FCC To Expand Use Of Aviation Comms

    Logistics companies told the Federal Communications Commission in filings posted Tuesday that they support a petition by Aviation Spectrum Resources Inc. to allow air transport technology to expand into the currently little-used lower 136 MHz band.

Expert Analysis

  • California Tax Takes: Tax Ballot Initiative Constitutionality

    Shail Shah

    In this edition of California Tax Takes, attorneys from Reed Smith LLP analyze special ballot initiatives like Proposition C in light of California's Constitution as recently examined in the California Cannabis Coalition v. City of Upland case.

  • The Uncertain Future Of Illinois' Biometric Privacy Law

    Richard Darke

    The Illinois Legislature was at the forefront of protecting biometric information from unauthorized disclosure. A decade later, the exact scope of the Illinois Biometric Information Privacy Act is about to be decided by the state high court in Rosenbach v. Six Flags, says Richard Darke of Duane Morris LLP.

  • What To Know About DOL's Proposed Retirement Plan Rule

    Deborah Hembree

    A rule recently introduced by the U.S. Department of Labor addressing the multiple employer provisions of President Donald Trump's executive order on retirement regulations would provide clarity for employers, but the changes are not without limits, says Deborah Hembree of Constangy Brooks Smith & Prophete LLP.

  • Opinion

    3 Ways To Disarm The Next Local Subsidy Arms Race

    Anne Philpot

    Amazon recently concluded a 14-month bidding war among 238 cities, each hoping to secure an economic boost. The vicious cycle of offering costly public subsidies to corporate giants can be broken by adopting specific cultural and legal reforms, say Ann Philpot and Michael Farren of the Mercatus Center at George Mason University.

  • Opinion

    High Court Should Recognize Okla. Creek Reservation

    Kevin Dellinger

    On Nov. 27, the U.S. Supreme Court will hear arguments in Carpenter v. Murphy as to whether the Creek Reservation in Oklahoma still exists. The law and history are clear that it remains intact, says Kevin Dellinger, attorney general of the Muscogee (Creek) Nation.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • What We Heard At The FTC Hearings: Days 9, 10 And 11

    Meredith Halama

    The sixth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed the intersection of big data, privacy and antitrust issues. Attorneys with Perkins Coie LLP offer some key takeaways.

  • What Does A Split Congress Mean For Drug Pricing Agenda?

    Miranda Franco

    Democrats made drug pricing a pillar of the party’s health care agenda in the 2018 midterm elections. Now, with the majority in the House, they must confront several challenges, say Miranda Franco and Ethan Jorgensen-Earp of Holland & Knight LLP.

  • NY Offshore Wind Carries Unique Challenges For Insurers

    Sophie Shiffman

    New York state's abundant wind resources and strong government backing for renewables make it ripe for expansion in offshore wind energy. But the Atlantic coastline, a prime site for wind farm installation, also poses special challenges for development — and special considerations for the insurance industry, say attorneys at Clyde & Co. LLP.

  • 5 Business Takeaways From The Midterms

    Mary Moore Hamrick

    Now that the midterms are over, business leaders have a little insight into the future of taxes, trade and other policy issues affecting the economy. Still, companies should remain agile as, come January, a new and divided Congress will begin to chart its course, says Mary Moore Hamrick of Grant Thornton LLP.