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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.