Public Policy

  • March 24, 2017

    EU Lawmakers Declare 'Privacy Shield' Pact Inadequate

    A European parliamentary committee on Thursday narrowly approved a resolution that slammed the EU-U.S. Privacy Shield data transfer pact for “key deficiencies” that need to be addressed during an upcoming review of the mechanism, including concerns over the U.S. government’s alleged failure to curb sweeping surveillance efforts.

  • March 24, 2017

    State Dept. Seeks More Scrutiny For Some Visa Applicants

    The U.S. Department of State has instructed consular posts abroad to increase scrutiny for some visa applicants, according to a cable posted by the American Immigration Lawyers Association, implementing a memo that President Donald Trump signed along with his revised travel ban executive order.

  • March 24, 2017

    Power Co. Urges High Court To Review EPA Boiler Rule

    An electric power wholesaler on Thursday asked the U.S. Supreme Court to strike down the U.S. Environmental Protection Agency’s emissions rules for boilers and incinerators, saying the standards require “impossible perfect performance” and outlaw accidental releases.

  • March 24, 2017

    Jacoby Loses 2nd Circ. Bid Over NY Outside Investor Ban

    Jacoby & Meyers LLP lost its bid to revive its yearslong suit challenging New York state regulations barring nonlawyers from investing in law firms on Friday when a Second Circuit panel said the firm’s free speech claims fell flat.

  • March 24, 2017

    DOD Blasts 'Incoherent' GAO Report On Security Cooperation

    The Pentagon is at loggerheads with Congress’ favorite watchdog agency over the latter’s painstaking “inventory” of U.S. security cooperation programs with foreign governments, pillorying a new report as “scattershot and incoherent” and deserving of the waste bin in comments made available Friday.

  • March 24, 2017

    Shiite Org, Yemeni Parents File Latest Travel Ban Challenge

    The U.S. arm of a Shiite Muslim organization and a Yemeni husband and wife were the latest to challenge President Donald Trump’s revised executive order banning people from six Muslim-majority countries from entering the United States, alleging Friday that the order is outright religious discrimination.

  • March 24, 2017

    Colo. Appeals Court Revives Fracking Rule Proposal

    The Colorado Court of Appeals said Thursday the state Oil and Gas Conservation Commission was too hasty when it told a group of residents it could not adjust its permit process to dedicate more resources to studying fracking projects' effects on public health, safety and welfare.

  • March 24, 2017

    NATO Commander Wants More Resources To Counter Russia

    The four-star U.S. general who heads NATO's military efforts in Europe told Congress on Thursday he needed more resources to help counter Russian aggression and that lawmakers should back Montenegro’s efforts to join the alliance.

  • March 24, 2017

    FCC Warned 5G Preemption Could Cost Localities 'Billions'

    The National League of Cities, the United States Conference of Mayors and other organizations asked the Federal Communications Commission on Thursday to allow more time for comments on a request that it overrule local barriers to deploying fifth-generation wireless infrastructure, saying that the issue is complex and could cost local governments billions of dollars annually.

  • March 24, 2017

    Federal Tort Reform Bill Could Save $50B, CBO Says

    The Congressional Budget Office said a tort reform bill that proposes to put a nationwide cap on noneconomic damages in medical malpractice cases arising out of federally funded health care programs could save up to $50 billion in health care costs over the next 10 years.

  • March 24, 2017

    Calif. Judges’ Recession Raises 'Absurd,' Appeals Court Told

    A California deputy attorney general argued to a state appellate panel that a lower court misinterpreted a state law regarding salary increases for state judicial officers, resulting in the “absurd consequence” of finding them entitled to a pay raise during the state’s fiscal crisis.

  • March 24, 2017

    Campaign Lies Show Need To End Judge Elections, Prof Says

    Attempts by states to shut down campaign lies by judicial candidates are likely unconstitutional and ultimately fruitless, a Florida law professor argued in a recently released paper, raising the question of whether popular elections should be eliminated altogether in order to enforce honesty.

  • March 24, 2017

    House Bill Would Make Copyright Chief President Appointee

    The House of Representatives on Thursday introduced a bipartisan bill that would make the register of copyrights a presidentially appointed position, in a move lawmakers are calling a first step in a broader overhaul intended to bring the office into the digital age by giving it more resources and more independence.

  • March 24, 2017

    CFPB Gives Mortgage Lenders Flexibility In Fair Lending Law

    The Consumer Financial Protection Bureau on Friday proposed a rule change that would give mortgage lenders more flexibility in collecting information about the ethnicity and race of potential borrowers, potentially making it easier for lenders to comply with a key fair lending law.

  • March 24, 2017

    Wash. Tribe's Suit Contesting Hunting Grounds Gets Tossed

    A Washington federal judge on Thursday tossed the Skokomish Indian Tribe's suit accusing members of the Suquamish Tribal Council and that tribe's fisheries director of encroaching on its hunting grounds, after finding that there are crucial parties that cannot be added to the dispute.

  • March 24, 2017

    New Int'l Arbitration Regime Takes Effect In Ontario

    The Government of Ontario has enacted legislation to adopt a new international arbitration law, including explicit recognition of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

  • March 24, 2017

    ACA Repeal Bill Collapses In House

    House Republicans on Friday called off a vote to repeal and replace much of the Affordable Care Act, a dramatic setback after President Donald Trump shut down negotiations and tried to force the legislation ahead.

  • March 24, 2017

    Calif. Advances Methane, Vehicle Emissions Standards

    The California Air Resources Board on Thursday approved several anti-pollution measures including strict new regulations on methane emissions from oil and gas operations, a commitment to increase automobile fuel efficiency, and a plan to reduce short-lived climate pollutants like black carbon.

  • March 24, 2017

    Chicago Cabbies Take Uber Regs Fight To Supreme Court

    Chicago taxi companies Wednesday asked the U.S. Supreme Court to hear their arguments that city regulations covering ride-hailing platforms like Uber and Lyft violate the cab businesses' constitutional rights.

  • March 24, 2017

    USPTO Forms Group To Implement Trump's '1 In, 2 Out' Rule

    The U.S. Patent and Trademark Office announced Friday that it has formed a working group to identify regulations that can be eliminated under President Donald Trump's executive order that for every new regulation issued by government agencies, two others must be discarded.

Expert Analysis

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Understanding Defense Strategies For 505(b)(2) Drugs

    Terry M. Henry

    Manufacturers of new drugs submitted for approval to the U.S. Food and Drug Administration under 505(b)(2) face different challenges than innovators or generic manufacturers. These manufacturers also have access to unique fact-based defenses, so they should closely review allegations setting out the type and dates information that plaintiffs argue should have led to a stronger warning, say Terry Henry and Ann Querns of Blank Rome LLP.

  • Limiting Presidential Powers At The High Court

    Steven M. Swirsky

    The U.S. Supreme Court’s recent ruling in National Labor Relations Board v. SW General certainly has the potential to genuinely impact the Trump administration. However, the real consequences of the court’s ruling to employers, unions and others with business before the board may become apparent after NLRB general counsel Richard Griffin's four-year term expires in November, say Steven Swirsky and Laura Monaco of Epstein Becker & Green PC.

  • A Straightforward Insider Trading Statute Is Overdue

    Jason P. Gottlieb

    As Judge Jed Rakoff observed in a recent speech, it would benefit prosecutors, the courts and investors to have a clearly drafted statute setting forth, to the most specific degree possible, exactly what about insider trading is illegal, and why, say Jason Gottlieb and Daniel Isaacs of Morrison Cohen LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Delays And Uncertainty Surround Trump's Latest Travel Ban

    Maria Fernanda Gandarez

    As the constitutionality of President Donald Trump's latest immigration-related executive order is pending, the administration is cracking down on immigration benefits more generally, and employers may want to exercise extreme caution before having nationals of the EO's six designated countries travel internationally, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.

  • Reducing Administrative Burden Under New 'Common Rule'

    Lisa Rooney

    The U.S. Department of Health and Human Services' recent revisions to the “Common Rule” aim to reduce administrative and regulatory burden on the informed consent process. However, the revised rule will simply add to or shift such burden to other individuals and entities, say Lisa Rooney and Scott Lipkin of FTI Consulting.

  • Construction Projects Require Special Contracts In Nevada

    Paul Georgeson

    Standard form construction contracts and custom contracts developed for use in other states do not comply with Nevada law. When beginning a construction project in Nevada, those contracts must be modified to account for the state's unique construction statutes, says Paul Georgeson of McDonald Carano LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Patient Experience Data Provisions Face Elimination

    Jamie Kendall

    Under Trump's administration, the 21st Century Cures Act will continue to face scrutiny. Some may argue that the act's patient experience data provisions are unnecessary or ineffective due to their limited application and expansive required government resources, say Jamie Kendall and Alexandra Schulz of The Kendall Law Firm PC.