Public Policy

  • June 26, 2017

    Cable TV, Phone Groups Call For Revamp Of FCC Fees

    Some telecom service providers are paying more than their fair share to support Federal Communications Commission bureau services, trade groups told the agency in a series of recent filings that argued fiscal year 2017 regulatory fees should be more evenly distributed.

  • June 26, 2017

    BREAKING: ACA Repeal Means 22M More Uninsured, CBO Says

    The U.S. Senate’s legislation to dismantle much of the Affordable Care Act would leave an extra 22 million Americans without health insurance over the next decade, the Congressional Budget Office estimated Monday.

  • June 26, 2017

    Corker To Block Gulf Weapons Sales Over Qatar Dispute

    Senate Foreign Relations Committee Chairman Bob Corker, R-Tenn., said Monday he would block weapons sales to six Persian Gulf nations until his committee is given clear signs that an ongoing diplomatic dispute between Qatar and its neighbors is on its way toward being resolved.

  • June 26, 2017

    Real Estate Rumors: JPMorgan, Pacific Urban, Mountain View

    J.P. Morgan Asset Management has loaned $32 million for a Texas multifamily purchase, Pacific Urban Residential has reportedly dropped $73 million on a California apartment complex, and a California environmental body is now recommending that far fewer apartments be built in Silicon Valley's North Bayshore area.

  • June 26, 2017

    FERC Order Put Grid Projects On Table, If Not In Ground

    The Federal Energy Regulatory Commission's landmark regional transmission planning rule hasn't resulted in the significant development of electricity transmission envisioned when the order was enacted nearly six years ago, but former FERC officials say it's still been useful in forcing the electricity industry to think more broadly about the future of the U.S. grid.

  • June 26, 2017

    OSHA Floats Pulling Back Some Parts Of Beryllium Rule

    The Occupational Safety and Health Administration has proposed pulling back certain protective measures covering workers in the construction and shipyard industries included in its rule limiting workplace exposure to beryllium, a material that can lead to lung disease, though it will leave in place new exposure limits.

  • June 26, 2017

    Global Trade Barriers Rose 10% In 2016, EU Report Says

    Global trade barriers spiked by 10 percent last year, fueling fears of increased protectionism among the world’s most powerful economies, according to a European Union report issued Monday.

  • June 26, 2017

    Supreme Court Denies Review Of Nevada Lien Law

    The U.S. Supreme Court refused Monday to take up a case that challenges the constitutionality of a Nevada lien law that allows homeowners associations seeking unpaid dues to bypass the courts and initiate foreclosure proceedings without first notifying mortgage lenders like Wells Fargo Bank NA.

  • June 26, 2017

    Supreme Court Won't Review EPA Boiler And Incinerator Rule

    The U.S. Supreme Court on Monday refused to consider an electricity wholesaler's bid to strike down the U.S. Environmental Protection Agency’s emissions rule for boilers and incinerators, which set standards that the company argued are impossible to meet.

  • June 26, 2017

    Supreme Court Denies Hearing In CFPB Enforcement Case

    The U.S. Supreme Court on Monday said it would not hear a case from a California attorney accused of involvement in a home modification scam that is challenging the validity of the Consumer Financial Protection Bureau’s enforcement actions.

  • June 26, 2017

    High Court Reinstates Part Of Travel Ban, Will Hear Case Next Term

    The U.S. Supreme Court on Monday agreed to hear the appeal over President Donald Trump’s revised travel ban against nationals from six Muslim-majority countries, although it won’t hear the case until this fall, and granted the government's requests to reinstate part of the ban in the meantime.

  • June 26, 2017

    Justices Rule For Church In Playground Program Challenge

    The U.S. Supreme Court on Monday ruled that Missouri violated the Constitution by excluding religious groups from a state grant program for playground resurfacing, siding with a church that was denied funds through the program in what could become a landmark ruling on church-state separation.

  • June 26, 2017

    Justices To Hear Baker's Fight Over Gay Couple's Cake

    The U.S. Supreme Court on Monday said it will decide whether a Christian baker’s refusal to make a cake for a same-sex couple’s wedding violates Colorado’s anti-discrimination law or is protected under the First Amendment.

  • June 23, 2017

    Fla. Gov. OKs Bill To Implement Med. Marijuana Expansion

    Florida Gov. Rick Scott signed legislation Friday to implement a recently passed state constitutional amendment broadening legalization of medical marijuana, a bill that establishes a framework for the state Department of Health to follow in forming rules and regulations for patients, health care providers and the supporting industry.

  • June 23, 2017

    Military Heads Seek 6-Month Delay On Trans Admissions

    Senior military officials will ask Defense Secretary Jim Mattis for a six-month delay on a lift of the Defense Department’s ban on admissions of transgender service members, according to media reports.

  • June 23, 2017

    Kobach Sanctioned In Voter Immigration Records Row

    Kansas Secretary of State Kris Kobach was hit with sanctions for “deceptive conduct” in a discovery dispute over documents in connection to immigration and voter reform and ordered to be deposed for an hour, even though he’s an attorney in the suit, according to a Friday order.

  • June 23, 2017

    Mayors Say Cities Must Take Lead On Fighting Climate Change

    The spotlight shined hot on climate change Friday as the U.S. Conference of Mayors convened in Miami Beach, with leaders of the nation's cities saying they must take the lead on environmental efforts in the face of federal retreat.

  • June 23, 2017

    1st Circ. Nixes Part Of Mass. Sick Law For Railroad Workers

    The First Circuit ruled Friday that key portions of Massachusetts’ law providing earned sick-time for employees don’t apply to railroad workers in the state, saying the law is preempted by the federal Railroad Unemployment Insurance Act.

  • June 23, 2017

    DOJ Backs Texas In Litigation Over Sanctuary City Law

    The federal government showed its support for Texas on Friday in a lawsuit brought by municipalities and nonprofits challenging the constitutionality of a new state law set to go into effect in September banning so-called sanctuary cities, saying in a filing in Texas federal court that the law is legit.

  • June 23, 2017

    Justices' Eminent Domain Ruling Clarifies State Law's Reach

    The U.S. Supreme Court's decision Friday affirming a Wisconsin court ruling that said two adjacent properties at the center of an eminent domain dispute can be considered one unit for the purposes of calculating loss provides clarity to dozens of states that have laws pertaining to the issue, attorneys say.

Expert Analysis

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

  • After FTC's Update, A Refresher On Complying With COPPA

    Behnam Dayanim

    Last week, the Federal Trade Commission issued an updated six-step plan for businesses to comply with its Children’s Online Privacy Protection Act rule. Behnam Dayanim and Mary-Elizabeth Hadley of Paul Hastings LLP summarize the two key changes in the updated plan and review the six steps companies should take when considering COPPA.

  • 3 Labor Law Issues All Employers Should Follow

    Jordan Faykus

    Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • 9th Circ. Raises The Bar On Misprision Of A Felony

    Andrew Goldsmith

    Just two days before the appointment of special counsel Robert Mueller, the Ninth Circuit added a new element to one of the potential crimes within his jurisdiction. In U.S. v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony. No other court has considered such a requirement in the 227 years since the crime was codified, says Andrew Goldsmith of Kellogg Han... (continued)

  • The UK's New Suspicious Activity Reporting Regime: Part 2

    Neil Gerrard

    Under the U.K. Criminal Finances Act 2017, the procedures for reporting suspicious financial activity have changed. Law firms, accounting firms and banks must now take on a more active role in identifying sources of information relevant to determining whether a money laundering offense has taken place, and must respond to information requests from other regulated firms, say attorneys with Dechert LLP.

  • June Brought A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Calif. Does Not Bar Defense Coverage For 'Willful Acts'

    Darren Teshima

    Although California Insurance Code Section 533 prohibits insurers from indemnifying policyholders for their intentional misconduct, insureds should carefully review applicable policies to see if policy language creates at least a reasonable expectation for defense coverage, say Darren Teshima and Harry Moren of Orrick Herrington & Sutcliffe LLP.

  • Employer Steps For Avoiding Business Travel Mishaps

    Elizabeth Espín Stern

    Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.