Public Policy

  • March 12, 2018

    Biz Groups Don't Want Tariff Cuts Left Behind

    As the trade world buzzed about President Donald Trump's looming tariffs on aluminum and steel, more than 200 business groups mobilized Friday to push for legislation that will slash tariffs on hundreds of products that pose no threat to domestic producers.

  • March 12, 2018

    Feds, Groups Ask Justices To Hear Okla. Tribal Murder Row

    In three separate briefs on Friday, the federal government and a selection of organizations ranging from oil interests to professional associations asked the U.S. Supreme Court to review and overturn a Tenth Circuit decision that tossed a murder conviction and death sentence for a Muskogee (Creek) Nation member.

  • March 12, 2018

    US Allies Still Seeking Answers On Looming Metal Tariffs

    A high-profile summit with the U.S. and two of its major trading partners came and went over the weekend without clarity on how the Trump administration would be handing out exemptions to its pending steel and aluminum tariffs, further ratcheting up tension in the brewing trade dispute.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    NRA Sues Fla. Hours After Gov. Signs Gun, School Safety Bill

    The National Rifle Association sued the state of Florida Friday within hours of the governor signing gun control legislation in response to the shooting that left 17 dead at Marjory Stoneman Douglas High School, calling a provision banning firearm sales to anyone under 21 unconstitutional.

  • March 9, 2018

    Employment Roundup: 6 Things You May Have Missed

    Over the last week, the U.S. Department of Labor said 2,400 Chinese workers in the U.S. territory of Saipan who lacked work visas are owed $14 million in damages for wage violations, a federal jury awarded more than $400,000 to two United Airlines flight attendants who they said were fired for being too old, and two U.S. senators floated bipartisan legislation to bolster workers' 401(k) savings.

  • March 9, 2018

    NM High Court Nixes Enviros' Copper Pollution Rule Suit

    The New Mexico Supreme Court on Thursday upheld a state copper mining groundwater pollution rule, rejecting challenges from environmentalists and the state’s attorney general who said it was not protective enough.

  • March 9, 2018

    Alternative Ways To Pay For Trump’s Infrastructure Plan

    The Trump administration’s and certain lawmakers’ recent willingness to discuss a federal gas tax hike to fund highway and other surface transportation upgrades spurs optimism that infrastructure funding is high on the legislative agenda, but experts say there’s little chance such a drastic policy shift will take flight this year.

  • March 9, 2018

    DC. Circ. Weighs If Challenge Of Old Rail Car Fee Is Moot

    A D.C. Circuit panel asked a petroleum industry group seeking to strike down a surcharge on old fuel rail cars Friday whether the case is moot, given that a phaseout of those rail car models has already been completed.

  • March 9, 2018

    Sens. Cornyn, Murkowski Cautious About NAFTA Talks, Tariffs

    Two Republican U.S. senators told attendees at a major energy conference in Houston on Friday that they were surprised by President Donald Trump’s decision to slap tariffs on aluminum and steel, and that while they support modernization of the North American Free Trade Agreement, a cautious approach is needed in negotiating it.

  • March 9, 2018

    New Zealand Signs Side Pacts In New TPP To Curb Arbitration

    New Zealand has reached side deals with five countries to exclude compulsory investor-state dispute settlement in the newly signed Comprehensive and Progressive Agreement for Trans-Pacific Partnership, according to a Friday statement.

  • March 9, 2018

    Antitrust Immunity Proposed For News Org Online Talks

    Under a bill introduced in Congress, news organizations could be given a limited, four-year “safe harbor” from certain antitrust laws allowing them to band together to negotiate with major online content distributors such as Google and Facebook on matters relating to “quality, accuracy, attribution or branding, and interoperability of news.” 

  • March 9, 2018

    NLRB Joint Employer Reversal Broke Rules, Hy-Brand Says

    The National Labor Relations Board violated its rules for delegating its authority to a panel of board members before striking down a December ruling that sided with Hy-Brand Industrial Contractors and nixed the controversial joint employment test the NLRB adopted in 2015, Hy-Brand said Friday.  

  • March 9, 2018

    15 Months In, Philly Still Plagued With Soda Tax Uncertainties

    It’s been 15 months since the city of Philadelphia enacted its sweetened beverage tax, and there looks to be no end in sight to the fighting and fallout that have plagued it from the outset, thanks to lower-than-expected tax revenue as well as court battles.

  • March 9, 2018

    5 Burning Questions About Trump's Bombshell Tariff Move

    President Donald Trump's decree to tag steel and aluminum imports with hefty tariffs came with caveats aimed at providing assurances to U.S. allies, but opponents of the duties have been left with far more questions than answers in the wake of the policy's tumultuous rollout. Here, Law360 offers a rundown of the uncertainty still clouding the administration's bold enforcement move.

  • March 9, 2018

    Disputing Proposed Tax Regs Is Growing, Panel Says

    Challenging proposed tax regulations before they are enforced is a growing legal strategy that may give the bar a new way to represent clients, attorneys said during a panel discussion Friday at a Federal Bar Association meeting.

  • March 9, 2018

    Trump Tariffs Will Squeeze US Energy Project Work

    The steel and aluminum tariffs imposed by President Donald Trump will hike the price of virtually every energy development project, experts say, from oil and gas pipelines to offshore wind and utility-scale solar farms.

  • March 9, 2018

    Mass. Gov's $610M Bill Extends Fantasy Sports Gaming

    Massachusetts Gov. Charlie Baker released a new economic development framework and legislation Friday that commits $610 million to various infrastructure projects and will allow fantasy sports gaming to continue in the state through the July deadline.

Expert Analysis

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • Contesting FERC's Right To Impose Retroactive Surcharges

    David Perlman

    In Verso Corp. v. Federal Energy Regulatory Commission, the commission is arguing that it has broad authority to make regional transmission organizations impose surcharges on customers where necessary to pay refunds ordered under Section 206 of the Federal Power Act. The D.C. Circuit's decision in this dispute will have significant implications for FERC’s authority going forward, say attorneys with Bracewell LLP.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • PG&E Ruling May Mean More Challenges To Incentive Adders

    Paul Pantano Jr.

    The Ninth Circuit recently rejected the Federal Energy Regulatory Commission’s grant of incentive adders to Pacific Gas & Electric’s rate of return calculations for the utility's continued participation in the markets operated by the California Independent System Operator. The decision may open the door for more challenges to public utilities’ rate filings, say attorneys with Willkie Farr & Gallagher LLP.

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.

  • An Overview Of The New International Tax Provisions

    Understanding The New International Tax Provisions

    The new tax law made significant international tax changes that affect both U.S. and foreign-parented multinational corporations. In this video, Carol Tello and Lauren Stewart of Eversheds Sutherland LLP provide an overview of the law and its impact, including the reduced corporate tax rate, the shift to a hybrid territorial/worldwide system and the base erosion provisions.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • FCC May Strengthen Wireless Emergency Alerts Requirements

    Luke Platzer

    The Wireless Emergency Alerts system recently became a subject of public attention due to events in Hawaii, but even before the incident, the Federal Communications Commission had already initiated steps to improve the system, say Luke Platzer and Bradley Humphreys of Jenner & Block LLP.