Public Policy

  • December 11, 2017

    Treasury's $300B Boost From Senate Tax Bill Disputed

    Analysis released Monday from the U.S. Department of Treasury's Office of Tax Policy said the Senate's tax reform plan would ultimately boost revenue by $300 billion over the next 10 years, but its one-page memo was quickly derided by critics for depending on assumptions and a rosy economic outlook.

  • December 11, 2017

    DC Circ. Urged To Affirm FERC Has No Pro-Pipeline Bias

    The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.

  • December 11, 2017

    EPA Blasts Challenge To Chemical Rule Delay At DC Circ.

    The U.S. Environmental Protection Agency shot back Friday at challenges to its delay of an Obama-era chemical risk management rule, telling the D.C. Circuit the challengers didn't have standing as they couldn't establish there would be an "impending injury."

  • December 11, 2017

    Supreme Court Denies Petition Challenging Tax On Stored Gas

    The U.S. Supreme Court on Monday denied ETC Marketing Ltd.’s petition for certiorari, which sought review of a Texas Supreme Court decision that upheld an ad valorem tax on natural gas inventory stored in the state.

  • December 11, 2017

    Gates Keeps Defense Atty Despite Potential Conflict

    Indicted Trump lobbyist Rick Gates will continue to be represented by Manhattan white-collar attorney Walter Mack despite a potential conflict of interest involving a separate criminal case, Gates told a D.C. federal judge Monday.

  • December 11, 2017

    High Court Won't Decide If Title VII Bars Anti-Gay Bias

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit ruling affirming dismissal of a lesbian security guard’s allegations that a Georgia hospital violated Title VII by effectively firing her over her sexuality, leaving in place a circuit split over whether federal law bars discrimination against gay workers.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Former Mass. State Lawmaker Indicted On Corruption Charges

    A former leader of the Massachusetts Senate denied any wrongdoing on Friday after prosecutors unsealed a 113-count federal indictment charging him with peddling public policy and using his private firm and a shell company to take in about $1 million in bribes, kickbacks and free coffee.

  • December 8, 2017

    FTC Wants In On Oral Args Over Seattle's Uber Union Law

    The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.

  • December 8, 2017

    Trump's Tweets Crop Up At 4th Circ. Travel Ban Arguments

    The Fourth Circuit on Friday heard oral arguments in an appeal over President Donald Trump’s latest travel ban, with some of the judges highlighting the president's recent tweets, capping off a week of appellate developments over the entry restrictions.

  • December 8, 2017

    Manafort’s Extensive Edits To Ukrainian Op-Ed Revealed

    Special Counsel Robert Mueller on Friday revealed the extensive changes that Paul Manafort made to an op-ed published in a Ukrainian newspaper in an effort to show that the indicted former Trump campaign manager flouted a media gag order and should be left on house arrest.

  • December 8, 2017

    Ex-Fla. Legislator Gets Prison For Stealing Campaign Funds

    A former Florida state representative was sentenced Friday in federal court in Orlando to 13 months in prison and ordered to pay back more than $60,000 in campaign funds he misappropriated from two recent re-election campaigns.

  • December 8, 2017

    FERC Member's Online Comments Unethical, Landowner Says

    A landowner affected by the proposed PennEast Pipeline Project said Thursday that a Federal Energy Regulatory Commission member and former chairman has been violating ethics rules by posting biased comments on Facebook and should be removed from his position.

  • December 8, 2017

    Pharma Group Sues Calif. Over Drug Pricing Law

    Trade group Pharmaceutical Research and Manufacturers of America on Friday sued California to block a newly approved drug pricing law, calling it a vast overreach that amounts to a “nationwide ban” on price increases.

  • December 8, 2017

    Report Details Crucial Senate, House Tax Bill Differences

    The Joint Committee on Taxation released a report Thursday comparing the House and Senate versions of the Tax Cuts and Jobs Act, highlighting differences that include where tax brackets begin, the standard deduction, maximum rate on business income of individuals and the child tax credit.

  • December 8, 2017

    DC Circ. Doesn't Think Treasury Must Provide Privileged Docs

    The D.C. Circuit on Friday remanded back to district court an order that the U.S. Department of the Treasury must turn over evidence related to decisions it made in General Motors’ 2009 bankruptcy for a related pension plan dispute, saying the lower court had not explained why a privilege claim by the White House should be disregarded. 

  • December 8, 2017

    FCC Says It Won't Release Net Neutrality Comment Logs

    The Federal Communications Commission's general counsel said Thursday the FCC must "respectfully decline" New York Attorney General Eric Schneiderman's request for information related to comments posted online in the net neutrality rollback proceeding, emphasizing that the commission doesn't solely rely on the comments to make its decisions.

  • December 8, 2017

    How House-Senate Negotiators Could Change Final Tax Bill

    With House and Senate leaders having appointed members to a conference committee to hash out the differences in the respective tax bills passed by the two chambers, lawmakers are rolling up their sleeves to get the bill over the finish line by the end of the year. Here, Law360 previews the role the House-Senate conferees will play in drafting the final bill.

  • December 8, 2017

    MGM Touts $675M Casino Proposal To Conn. Lawmakers

    MGM Resorts International wrote to Connecticut’s governor and legislators on Thursday to champion its proposal for a new $675 million resort casino in Bridgeport, saying it welcomes two tribes’ desire to be involved in discussions about bringing a casino to the city because a competitive process would maximize the state’s economic benefits.

Expert Analysis

  • What's Next After Calif. Homeowner Bill Of Rights Sunsets

    Ashley Fickel

    On Jan. 1, 2018, certain provisions of the California Homeowner Bill of Rights are scheduled to expire. This will cause several changes in the requirements for those servicing large portfolios of resident mortgage loans, but servicers will undoubtedly continue to see similar claims in 2018 and beyond, says Ashley Fickel of Dykema Gossett PLLC.

  • Future MACRA Concerns For Hospitals And Health Systems

    Deborah Kantar Gardner

    In the process of reforming physician Medicare reimbursement Congress and the Centers for Medicare & Medicaid Services have created an interesting juncture in the health care landscape, as one of the real and lasting impacts of the Medicare Access and CHIP Reauthorization Act may well be the formation of new alignments between physicians and hospitals and health systems, say Deborah Kantar Gardner and Peter Holman at Ropes & Gray LLP.

  • DOJ Guidance Is Dead, Long Live DOJ Guidance

    David Chaiken

    Comments in a recent speech by U.S. Attorney General Jeff Sessions appeared to kill much-needed U.S. Department of Justice guidance for companies. But a closer look reveals that this interpretation is likely a misunderstanding, says David Chaiken of Troutman Sanders LLP.

  • Opioid Insurance Litigation Is Mounting With Mixed Results

    Scott Seaman

    With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • A Look At Argentina’s New Anti-Corruption Law

    kim Nemirow

    Argentina took a significant step this month in its efforts to combat corruption. The law creates corporate criminal liability and will have a material impact on a number of companies that now must comply or face significant potential penalties or debarment, say Kim Nemirow and Lucila Hemmingsen of Kirkland & Ellis LLP and Gustavo Morales Oliver of Marval O'Farrell & Mairal.

  • Potential For A New Course At The CFPB

    Allison Schoenthal

    The Consumer Financial Protection Bureau has been a lightning rod for controversy since its creation in 2010. Now, with the announcement of Director Richard Cordray's resignation last week, Allison Schoenthal of Hogan Lovells examines what changes may be on the way.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.