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Public Policy

  • December 6, 2018

    Justices Unlikely To Curb Dual Prosecutions By States, Feds

    The U.S. Supreme Court appeared ready Thursday to reject a historic challenge to separate prosecutions by states and the federal government for the same offense, as both liberal and conservative justices expressed reservations about overturning “170 years” of precedent.

  • December 6, 2018

    Pa. Fireworks Tax Constitutional, Appeals Court Says

    Pennsylvania's expansion and increase of taxes on fireworks sales did not violate the state Constitution, a commonwealth appeals court has found while striking portions of a law that regulated temporary structures used to sell fireworks.

  • December 6, 2018

    Proxy Firms Should Be Regulated, Senate Panel Hears

    A former U.S. Securities and Exchange Commission official and a business lobbyist on Thursday both told U.S. senators that proxy advisory firms should be scrutinized more closely given their influence over corporate elections, though a New York City assistant comptroller warned of overreach that could backfire against investors.

  • December 6, 2018

    Pa. Justices Won't Hear Sunoco Pipeline Land-Grab Appeal

    The Supreme Court of Pennsylvania refused to hear an environmental group’s allegations that a Sunoco Inc. unit abused its eminent domain power assembling land for the controversial Mariner East 2 natural gas pipeline, according to an order made public Thursday.

  • December 6, 2018

    DOJ's AT&T Appeal Needs Numbers, Not Theory: DC Circ.

    A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.

  • December 6, 2018

    Pueblo Tribe Slams Texas' Bid To End Bingo Operations

    A Pueblo tribe on Wednesday slammed Texas' move to stop its bingo machine operations, arguing in federal court that the state's bingo classifications improperly exclude Indian tribes and that the state impinges on the tribe's rights under the Fourteenth Amendment.

  • December 6, 2018

    Senate Approves Trump's CFPB Pick, Despite Critics

    The Senate confirmed President Donald Trump’s choice to lead the Consumer Financial Protection Bureau on Thursday in a party line vote approving Kathleen Kraninger to take over as the permanent head of the agency.

  • December 6, 2018

    Lawmakers Tout Industry Support Of Spectrum Pricing Bill

    A slew of communications technology associations have heaped more praise onto a bipartisan Senate bill that could free up spectrum owned by the public sector for industry use, the two lawmakers behind the bill announced Thursday.

  • December 6, 2018

    Appeals Court Backs Texas Tech U In Doc Row With Journalist

    A Texas appeals court has sided with Texas Tech University in its spat with an investigative journalist, ruling that a trial court was wrong to deny the school’s challenge to its jurisdiction.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    Salvadoran Who Reported Gangs May Get Asylum: 9th Circ.

    A Salvadoran woman who reported gang extortion to the police several times may be eligible for asylum or other relief, the Ninth Circuit held Wednesday, kicking her case back to the Board of Immigration Appeals to consider her claims in light of several recent appeals court rulings.

  • December 6, 2018

    McNamee Confirmed For FERC Slot Amid Climate Controversy

    The U.S. Senate on Thursday narrowly confirmed Bernard McNamee to fill a vacant slot on the Federal Energy Regulatory Commission over unified Democratic opposition due to his role in the Trump administration's efforts to bail out coal and nuclear plants and his documented criticism of renewable energy.

  • December 5, 2018

    Progressives Weigh Packing The Court Post-Kavanaugh

    A group of progressive activists gathered Wednesday evening to discuss how to reform the Supreme Court now that conservatives have shored up their majority with two new appointments, including bold strategies such as court-packing and impeaching Justice Brett Kavanaugh if and when Democrats control Congress and the White House.

  • December 5, 2018

    Tribal Authority Key Issue As Justices Mull Okla. Reservation

    The U.S. Supreme Court has probed the federal government, the state of Oklahoma and the Muscogee (Creek) Nation on how much the tribe’s jurisdiction might expand if its historical reservation still exists, and worries that disruption in a huge part of Oklahoma could spur a ruling that hems in tribes’ criminal and civil authority over non-Indians, experts say.

  • December 5, 2018

    Medical Groups Back States In Association Health Plan Row

    The American Medical Association has told a D.C. federal judge that the U.S. Department of Labor's association health plan rule flies in the face of Affordable Care Act’s aim of trying to make sure patients across the country can get good, affordable health coverage.

  • December 5, 2018

    Don't Water Down Calif. Privacy Law, Lawmakers Told

    A coalition of more than a dozen privacy groups is doubling down on its efforts to persuade California lawmakers to refrain from scaling back the state's landmark privacy law, arguing that consumers' data access and control rights need to remain strong and that their ability to bring lawsuits should be broadened.

  • December 5, 2018

    Medicare Lab Pay Can Be Challenged In Court, DC Circ. Told

    A federal judge misread which parts of a Medicare reimbursement law could be challenged in court, the American Clinical Laboratory Association has told the D.C. Circuit in hope of reviving its challenge to cuts for lab payments.

  • December 5, 2018

    Private Immigrant Detention Sites Fare Badly With Grievances

    Immigration detention facilities that are privately operated or found in areas that are relatively sparsely populated generated a higher average number of grievances during the 2015 fiscal year than their publicly run counterparts, according to a report released on Wednesday by an immigrants advocacy group.

  • December 5, 2018

    EPA Dings Calif. For Years-Late Air Quality Plan

    The U.S. Environmental Protection Agency admonished California on Wednesday for the continued delay of years-overdue plans to clean up the air in the San Joaquin Valley, one of the nation's smoggiest regions.

  • December 5, 2018

    House Dems Call On Gov't Watchdog To Probe TPS Rollback

    Dozens of Democratic lawmakers have called for an investigation into the Trump administration’s decisions to terminate temporary protected status for more than 300,000 individuals from six nations, questioning the administration’s motives for revoking those TPS designations in a letter published on Tuesday.

Expert Analysis

  • The Uncertain Future Of Illinois' Biometric Privacy Law

    Richard Darke

    The Illinois Legislature was at the forefront of protecting biometric information from unauthorized disclosure. A decade later, the exact scope of the Illinois Biometric Information Privacy Act is about to be decided by the state high court in Rosenbach v. Six Flags, says Richard Darke of Duane Morris LLP.

  • What To Know About DOL's Proposed Retirement Plan Rule

    Deborah Hembree

    A rule recently introduced by the U.S. Department of Labor addressing the multiple employer provisions of President Donald Trump's executive order on retirement regulations would provide clarity for employers, but the changes are not without limits, says Deborah Hembree of Constangy Brooks Smith & Prophete LLP.

  • Opinion

    3 Ways To Disarm The Next Local Subsidy Arms Race

    Anne Philpot

    Amazon recently concluded a 14-month bidding war among 238 cities, each hoping to secure an economic boost. The vicious cycle of offering costly public subsidies to corporate giants can be broken by adopting specific cultural and legal reforms, say Ann Philpot and Michael Farren of the Mercatus Center at George Mason University.

  • Opinion

    High Court Should Recognize Okla. Creek Reservation

    Kevin Dellinger

    On Nov. 27, the U.S. Supreme Court will hear arguments in Carpenter v. Murphy as to whether the Creek Reservation in Oklahoma still exists. The law and history are clear that it remains intact, says Kevin Dellinger, attorney general of the Muscogee (Creek) Nation.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • What We Heard At The FTC Hearings: Days 9, 10 And 11

    Meredith Halama

    The sixth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed the intersection of big data, privacy and antitrust issues. Attorneys with Perkins Coie LLP offer some key takeaways.

  • What Does A Split Congress Mean For Drug Pricing Agenda?

    Miranda Franco

    Democrats made drug pricing a pillar of the party’s health care agenda in the 2018 midterm elections. Now, with the majority in the House, they must confront several challenges, say Miranda Franco and Ethan Jorgensen-Earp of Holland & Knight LLP.

  • NY Offshore Wind Carries Unique Challenges For Insurers

    Sophie Shiffman

    New York state's abundant wind resources and strong government backing for renewables make it ripe for expansion in offshore wind energy. But the Atlantic coastline, a prime site for wind farm installation, also poses special challenges for development — and special considerations for the insurance industry, say attorneys at Clyde & Co. LLP.

  • 5 Business Takeaways From The Midterms

    Mary Moore Hamrick

    Now that the midterms are over, business leaders have a little insight into the future of taxes, trade and other policy issues affecting the economy. Still, companies should remain agile as, come January, a new and divided Congress will begin to chart its course, says Mary Moore Hamrick of Grant Thornton LLP.

  • Autonomous Vehicles And UK Product Liability Law: Part 2

    Michaela Herron

    With autonomous vehicles expected to hit the streets of the United Kingdom soon, manufacturers, insurers and their legal counsel face the challenge of determining how the U.K.'s product liability laws will be applied to questions of negligence, evidence and contracts raised by self-driving vehicles, says Michaela Herron of Bristows LLP.