We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Public Policy

  • June 11, 2018

    DOI Solicitor Pulls Back Ruling On ND Tribal Mineral Rights

    The office of the U.S. Department of the Interior’s solicitor said Friday that it was temporarily taking back and suspending part of an Obama-era ruling by the same office that backed the Mandan, Hidatsa & Arikara Nation’s claims against the state of North Dakota to certain mineral rights on the tribe’s reservation.

  • June 11, 2018

    NLRB On Right Path With Joint Employer, Elex Regs: Ex-Chair

    Turning to agency rulemaking — a mechanism the National Labor Relations Board has used just a handful of times in its 82-year history — to resolve when businesses can be deemed joint employers was the right move, as was the NLRB's call for input on whether to scrap Obama-era regulations meant to streamline the union election process, former NLRB chair and current Morgan Lewis partner Philip Miscimarra told Law360 in an exclusive interview. This is the first article in a two-part series.

  • June 11, 2018

    Ex-NY Senate Boss, Son Can't Dodge 2nd Graft Trial

    A New York federal judge has refused to throw out corruption charges against former New York State Senate Majority Leader Dean Skelos and his son Adam, setting the stage for a retrial to begin next week.

  • June 11, 2018

    New Fla. Bar Prez Will Focus On Criminal Justice Reform

    Palm Beach criminal defense attorney Michelle Suskauer will officially take the reins of the Florida Bar on Friday for a one-year term in which the former public defender plans to focus on two initiatives that hit close to home for her: criminal justice reform, and helping lawyers in small practices be more productive and profitable.

  • June 11, 2018

    Lawmakers Seek To Hold USPS 'Accountable' In Opioid Bill

    A bipartisan, bicameral congressional group has reached an agreement on a bill aimed at holding the federal government "accountable" for preventing synthetic opioids from being trafficked into the U.S. through the Postal Service, according to a statement by the House Ways and Means Committee.

  • June 11, 2018

    Net Neutrality Repeal Means Status Quo, Supporters Say

    The Federal Communications Commission’s net neutrality deregulation rules officially took effect Monday, as advocates of the new regime reiterated that nothing will change from a consumer standpoint.

  • June 11, 2018

    Ga., 10 Others Win Injunction Over Clean Water Act Rule

    Georgia and 10 other states won a preliminary injunction in Georgia federal court Friday barring the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers from implementing the highly contested Waters of the United States rule, which they allege is overly broad.

  • June 11, 2018

    AGs, Trump Duel Over Implications Of 'Emoluments'

    Attorneys general for Maryland and the District of Columbia squared off Monday with the U.S. Department of Justice over the scope of the term "emoluments" in a battle in Maryland federal court over whether foreign payments to the Trump International Hotel in Washington violate the Constitution.

  • June 11, 2018

    Texas Inmates' Settlement, $4.5M In Fees OK'd In Heat Suit

    A Texas federal judge has approved a class action settlement on behalf of a group of prisoners who argued exposure to extreme heat violated their constitutional rights, including the approval of $4.5 million in fees and expenses that the Texas Department of Criminal Justice agreed to pay class counsel.

  • June 11, 2018

    Tariffs Threaten Construction With Delays, Increased Costs

    The construction industry is scrambling to deal with the Trump administration’s steel and aluminum tariffs as uncertainty about the price of each metal appears likely to delay projects and increase the price of construction, experts say.

  • June 11, 2018

    8th Circ. Allows Block On ND Voter ID Law Through Primaries

    The Eighth Circuit has refused North Dakota’s bid to stay a district judge’s injunction that blocked portions of a 2017 state voter identification law for discriminating against Native American voters, allowing the ruling to remain in effect through Tuesday’s primary elections in the state.

  • June 11, 2018

    Trump's G7 Broadside Weakens Trade Hand, Ex-USTR Says

    President Donald Trump's open rebuke of top U.S. partners and refusal to endorse a joint statement with his fellow G7 leaders over the weekend was intended as a power play, but it is more likely to end up hampering U.S. efforts on trade, former U.S. Trade Representative Carla Hills told Law360.

  • June 11, 2018

    US Sanctions Russian Cos. Over Expanded Cyber Capabilities

    The Trump administration has imposed new sanctions on several Russian businesses and individuals accused of working with Russia’s main counterintelligence and security agency, the U.S. Department of the Treasury announced Monday, saying the sanctioned entities' actions “jeopardize the safety and security” of the U.S. and its allies.

  • June 11, 2018

    Feds Wrongly Detained 2 Immigrant Spouses, Judge Says

    A Massachusetts federal judge on Monday laid out his rationale for declaring last month that the federal government unlawfully detained two Brazilian natives who are part of a putative class action that alleges the federal government is violating the U.S. Constitution by detaining immigrants who seek green cards through their spouses.

  • June 11, 2018

    Telecoms Float Solution To $3.3B FCC Spectrum Credit Row

    Two telecom companies denied some $3.3 billion in credits for spectrum licenses reserved for small businesses have urged the Federal Communications Commission to take another look at their request, arguing their revised operating agreements create more space from DISH Network Corp.

  • June 11, 2018

    AG Sessions Tightens Restrictions For Asylum Seekers

    U.S. Attorney General Jeff Sessions on Monday narrowed the circumstances under which members of particular “social groups,” including domestic violence victims and LGBTQ individuals, have grounds to petition for asylum, releasing his decision in a Board of Immigration Appeals case that he referred to himself.

  • June 11, 2018

    DOJ Calls DACA Unlawful, Refuses To Back It In Texas Fight

    The Trump administration on Friday declined to defend the federal Deferred Action for Childhood Arrivals program against a challenge brought by Texas and six other states, telling a Texas federal court that it believes the policy is unlawful.

  • June 11, 2018

    Comcast Wary Of FCC Opening Up Its Spectrum For 5G

    Comcast Corp. and NBCUniversal have told the Federal Communications Commission they still rely on C-band spectrum for transmitting broadcast content and that the band must be protected from interference as the agency considers opening spectrum access for 5G.

  • June 11, 2018

    Supreme Court Won’t Review Nextel’s $3.9M Tax Refund Suit

    The U.S. Supreme Court said Monday it would not hear an appeal from Nextel Communications asking the court to find whether it was entitled to a $3.9 million refund following the Pennsylvania Supreme Court’s saying a law limiting business losses violated the state constitution.

  • June 11, 2018

    Trustee Defends $15B Suit Over SEC’s 'Unlawful Power Grab'

    A liquidation trustee suing the U.S. Securities and Exchange Commission for almost $15 billion in allegedly ill-gotten disgorgements told a Massachusetts federal judge on Friday that the agency’s arguments against the suit cannot insulate its “unlawful power grab” from being challenged.

Expert Analysis

  • Changes Are Coming For Providers Of 800 Numbers

    Michael Pryor

    The Federal Communications Commission is slated to consider potential new rules concerning the use of 800 numbers on June 7. The rules will most directly affect network providers, but may also result in reduced costs for companies providing 800-number calling to their customers, says Michael Pryor of Brownstein Hyatt Farber Schreck LLP.

  • Opinion

    A Pragmatic Alternative To Separating Families At The Border

    Leon Fresco

    In response to the recent increase of arrivals at the U.S. southern border, the Trump administration has instituted a policy of prosecuting all border crossers and separating parents from their children. However, there is a less controversial and more logical way for the administration to solve this problem without Congress, says Leon Fresco of Holland & Knight LLP.

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.

  • Calif. Consumer Privacy Act: 6 Considerations For Banks

    Nathan Taylor

    Financial institutions in the United States are no strangers to privacy regulations, particularly given the obligations imposed by the federal Gramm-Leach-Bliley Act and the California Financial Information Privacy Act. But the California Consumer Privacy Act — an initiative likely to appear on the November ballot — could complicate existing privacy processes, say Nathan Taylor and Purvi Patel of Morrison & Foerster LLP.

  • Texas 'Hail Bill' Promotes Dispute Resolution Over Litigation

    Kristin Cummings

    A Texas federal court's ruling in Carrizales v. State Farm Lloyds acknowledges that the primary purpose of Texas Insurance Code Section 542A, also known as the "Hail Bill," is to encourage resolution of disputed weather-related claims without the need for litigation, say Kristin Cummings and Lindsey Bruning of Zelle LLP.

  • Opinion

    Republicans' Tax Law: Most Reckless I've Seen In 20 Years

    Bill Pascrell

    The Republican tax bill passed into law last year further enriches the wealthy and large corporations, provides minimal tax relief for the middle class, explodes the national debt, displaces needed investments in infrastructure and education and, on top of all that, spitefully targets specific groups and regions, including citizens in my own state, says Rep. Bill Pascrell, D-N.J.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Takeaways From Senate 'Buy American' School Lunch Bill

    Justin Ganderson

    Even if the bipartisan American Food for American Schools Act fails to make it out of committee, it signals a continued trend to strengthen the “Buy American” requirement under the National School Lunch Program and the School Breakfast Program, say Justin Ganderson and Jennifer Plitsch of Covington & Burling LLP.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.