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Public Policy

  • September 17, 2018

    Trade Groups Seek Injunction On CFPB Payday Lending Rule

    Two payday lender trade groups on Friday in Texas federal court motioned for a preliminary injunction on the Consumer Financial Protection Bureau's payday lending rule, arguing that the rule would restrict more than 90 percent of the payday loans currently made if it goes into effect in August 2019.

  • September 17, 2018

    Feds Defend Vetting Rules In Recruits' Naturalization Suit

    The U.S. departments of Defense and Homeland Security have urged a D.C. federal court to grant them a quick win in a class action from noncitizen U.S. Army recruits challenging the imposition of added requirements for naturalization, saying the policy is lawful.

  • September 17, 2018

    Pa. Pol Proposes Commission To Address Clergy Abuse

    As the Pennsylvania General Assembly grapples with dueling proposals to clear a path for otherwise time-barred claims over sexual abuse by Catholic clergy, a state lawmaker unveiled a plan on Monday to create an independent commission to take testimony and to dole out compensation to victims.

  • September 17, 2018

    Exelon Says 7th Circ. Ruling Dooms NY Nuke Subsidy Fight

    The Seventh Circuit's recent ruling that subsidies offered by Illinois to prop up struggling nuclear power plants are lawful backs the argument that New York's similar nuclear subsidy program passes legal muster, a lawyer for Exelon Corp. told the Second Circuit on Friday.

  • September 17, 2018

    USCIS Hit With FOIA Suit Over Citizenship Application Delays

    Several immigrant advocacy groups have accused U.S. Citizenship and Immigration Services of illegally withholding documents related to the agency’s handling of citizenship applications, claiming the government has not responded to the groups’ Freedom of Information Act request, according to a suit filed in California federal court Monday.

  • September 14, 2018

    Kavanaugh Vote Still On Track After Accuser Steps Forward

    Senate Republicans and the White House pushed back over the weekend on sexual misconduct allegations against U.S. Supreme Court nominee Brett Kavanaugh after Democrats sent a letter detailing an alleged incident from his high school years to the FBI.

  • September 14, 2018

    AG Hopeful James Breaks The Mold With Historic Primary Win

    New York City Public Advocate Letitia James made history Thursday night when she became the first black woman to win a statewide primary election in New York, positioning her to be the state's next attorney general in a time of social and political upheaval.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Experts Want Watergate Report Unsealed To Guide Mueller

    Two professors and a journalist urged a D.C. federal judge on Friday to release a sealed Watergate report known as the “Road Map” that the special prosecutor sent Congress in 1974, arguing that it could help guide Special Counsel Robert Mueller in his investigation into Russian election interference.

  • September 14, 2018

    Trump Admin. Asks CIT To Nix Challenge To Steel Tariffs

    The federal government on Friday brushed aside notions that the Cold War-era national security law the Trump administration used to levy steel tariffs is unconstitutional, telling the U.S. Court of International Trade that Congress has left foreign affairs to the president and as commander-in-chief his authority under the law is "at a maximum." 

  • September 14, 2018

    NY Bank Regulator Sues OCC Again Over Fintech Charter

    New York’s state bank regulator moved Friday to block the Office of the Comptroller of the Currency from making good on plans to offer special-purpose national bank charters to financial technology companies, filing a suit in Manhattan federal court that seeks to have the agency’s recent so-called fintech charter decision invalidated.

  • September 14, 2018

    US Must Push For Flexible Int'l Spectrum Use, Experts Say

    Global superpowers tasked with coordinating international spectrum often do not share the same favorable view of flexible use of the airwaves, and these competing interests are likely to be problematic in the next year when the standards-setting body ITU convenes, policy experts said Thursday during Mobile World Congress Americas events in Los Angeles.

  • September 14, 2018

    DOD Can't Escape Challenge To HIV Policy

    A Virginia federal judge refused Friday to dismiss an Army National Guardsman's challenge to the U.S. Department of Defense’s HIV policy, but also declined to grant an injunction against the policy being used to discharge HIV-positive troops, after the DOD had clarified how the HIV policy interacted with its retention policy.

  • September 14, 2018

    52 New Federal Judges Added In Bill OK'd By House Panel

    The House Judiciary Committee has voted to approve a bill that would add 52 permanent federal district court judgeships, require live audio streaming of U.S. Supreme Court arguments, and mandate that federal judges undergo regular medical screenings.

  • September 14, 2018

    Telecom Groups Ask Justices Not To Hear Net Neutrality Suit

    Three major telecommunications groups submitted a brief Friday urging the U.S. Supreme Court not to review a D.C. Circuit decision that upheld the 2015 Open Internet Order, which the Federal Communications Commission overturned in 2017.

  • September 14, 2018

    Full 9th Circ. Won’t Rehear Seattle Uber Union Law Fight

    The Ninth Circuit on Friday refused to revisit a recent decision reviving the U.S. Chamber of Commerce's antitrust challenge to a Seattle ordinance letting app-based, ride-hailing drivers bargain collectively, rejecting the city’s petition for a rehearing before the full appeals court.

  • September 14, 2018

    Top Senate Dem Blasts NLRB Joint-Employer Proposal

    One day after the National Labor Relations Board unveiled its hotly anticipated proposed regulation to clarify the standard for determining joint employment, the Senate labor committee’s top Democrat assailed the effort as “rushed” and “irresponsible.”

  • September 14, 2018

    LA Secures Pause On Trump's 'Sanctuary' Rules For Grant

    A California federal court on Thursday temporarily barred the Trump administration from placing immigration-related conditions on the awarding of a federal public safety grant to the city of Los Angeles, determining that U.S. Attorney General Jeff Sessions lacks the authority for such an action.

  • September 14, 2018

    As Family Detention Expands, Attys Look To Alternatives

    As the Trump administration gears up to expand detention of immigrant families, attorneys are calling attention to alternatives that could be less restrictive and more cost-effective and still ensure that respondents appear for immigration court proceedings.

  • September 14, 2018

    Trump Signs Bipartisan Bill Slashing Tariffs Through 2020

    President Donald Trump signed legislation on Thursday that will slash a slew of tariffs on certain foreign goods that don’t pose a threat to domestic producers as part of a bipartisan effort to help U.S. manufacturers affordably import raw materials.

Expert Analysis

  • Cloudy With A Chance Of Price Gouging

    Richard Lawson

    After California Gov. Jerry Brown recently declared a state of emergency in several California counties due to fires in the area, the state attorney general issued a reminder that price gouging during this time is illegal under state law. However, price gouging statutes related to states of emergency are not limited to fires or California, say Richard Lawson and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • Why Michael Cohen's Campaign Law Violations Are Crimes

    Ann Ravel

    With Michael Cohen's plea deal last week, campaign finance law has suddenly become a hot topic. But few people understand the intricacies or even the purpose of campaign finance laws. The assertion that other campaigns have had similar violations is completely erroneous, says Ann Ravel, former chair of the Federal Election Commission.

  • Treasury Limits State Plans To Fight SALT Deduction Cap

    Radha Mohan

    Newly proposed regulations from the U.S. Department of the Treasury and the IRS provide clarification on the relationship between the federal charitable contribution deduction, the availability of corresponding state or local tax credits and deductions, and the recently enacted SALT cap, say Radha Mohan and Harold Hancock of Brownstein Hyatt Farber Schreck LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Updated Rules Needed For Integrating Drones Into Airspace

    Robert Howard

    The D.C. Circuit recently denied a challenge to the Federal Aviation Administration’s regulatory regime governing drones. But hearings on Capitol Hill this summer highlighted the rule changes that must be made before the economic value of the drone industry can be fully realized, say attorneys with Latham & Watkins LLP.

  • Opinion

    SEC Direction Unlikely To Shift Despite Agency Transitions

    Carol Gilden

    The recent decline in U.S. Securities and Exchange Commission enforcement activities suggests that Wall Street’s top cop is less focused on rooting out corporate fraud and more focused on regulatory matters seen as favorable to corporate America. This is unlikely to change with the upcoming commissioner transitions, says Carol Gilden of Cohen Milstein Sellers & Toll PLLC.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Good News For Banks Organized As Pass-Through Entities

    Brian Harvel

    Following some confusion, the IRS this month proposed Treasury Section 199A regulations that specifically exclude banking from the definition of specified financial services, meaning that owners of banks organized as flow-through entities would qualify for a 20 percent deduction, say Brian Harvel and Michael Senger of Alston & Bird LLP.

  • How FERC's July Order Affects Gas Pipelines

    Paul Forrester

    Earlier this summer, the Federal Energy Regulatory Commission adopted an order to force a review of cost-based rates and to implement its current policy on the treatment of income taxes. The order includes procedures for determining which jurisdictional natural gas pipelines may be collecting unjust and unreasonable cost-based rates, says J. Paul Forrester of Mayer Brown LLP.

  • Medicare Shared Savings Program May Get A Makeover

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently proposed a rule that would overhaul the Medicare Shared Savings Program for accountable care organizations. The most significant change is the revision of the program's participation tracks and mandatory advancement to greater levels of two-sided risk, say attorneys with Ropes & Gray LLP.