Public Policy

  • October 19, 2017

    Political Ad Disclosure Bill To Test Online Giants' Might

    A bipartisan trio of U.S. senators floated legislation Thursday that would require Facebook, Google and other online companies to clearly disclose the origin of political ads on their platforms and bar foreigners from placing them, potentially ramping up a long-running fight over what rules should apply in the digital space, experts said. 

  • October 19, 2017

    Senate Passes Budget To Be Used For Tax Reform Vehicle

    Senate Republicans beat back dozens of Democratic amendments to the vehicle for tax reform before passing it Thursday, voting down attempts to keep tax cuts away from the highest earners and prevent tax hikes on the middle class, among other measures.

  • October 19, 2017

    An FTC Under Simons Will Likely Stay The Course

    The Federal Trade Commission is finally primed to receive a new leader with President Donald Trump’s expected nomination of Joseph J. Simons of Paul Weiss Rifkind Wharton & Garrison LLP to serve as the agency’s chairman, but antitrust attorneys say not to expect any major shifts in policies or priorities if he gets confirmed. Here, Law360 takes a look at what Simons might face at his confirmation hearing and what an FTC under him could look like.

  • October 19, 2017

    Rights Groups Comment On New DHS Immigrant Data Rule

    Rights groups have urged the U.S. Department of Homeland Security not to store social media information in immigration files in comments submitted to the agency this week, while the Immigration Reform Law Institute said the proposed changes are “common-sense updates.” 

  • October 19, 2017

    Menendez Defense Challenges Claim Of Threatening Hearing

    A former foreign policy adviser to Sen. Bob Menendez testified Thursday that she did not recall him threatening to hold a hearing during a 2012 meeting with a U.S. Department of State official, challenging one of the prosecutors' claims at the bribery trial of the senator and a Florida ophthalmologist.

  • October 19, 2017

    Bipartisan Health Care Bill Gets More Senate Support

    A bipartisan, short-term health care bill gained more support Thursday from two dozen senators, as they have pushed for swift passage of a deal to stabilize the Affordable Care Act's individual markets before the end of the year.

  • October 19, 2017

    Comcast, AT&T Among Big Hidden Donors To RNC: Report

    Comcast, AT&T, Microsoft and others secretly funneled nearly $1 million in cash through a shell company to fund a “plush hideaway for lawmakers” at the 2016 Republican National Convention in Cleveland, a report released Wednesday by the Center for Public Integrity shows.

  • October 19, 2017

    JPMorgan Exec To Lead SEC's Trading And Markets Division

    The U.S. Securities and Exchange Commission said Wednesday that it is bringing aboard a JPMorgan Chase & Co. executive to head up the agency division overseeing broker-dealers, transfer agents, alternative trading systems and self-regulatory organizations like stock exchanges and the Financial Industry Regulatory Authority.

  • October 19, 2017

    Treasury's 'Gotten Nowhere' On Currency For Blind: Judge

    A D.C. Circuit judge took the U.S. Department of the Treasury to task in oral arguments Thursday over years of delays in providing currency accessible to the visually impaired, questioning how the department can argue it’s made “substantial progress.”

  • October 19, 2017

    Sierra Club Sues EPA For Missing Renewable Fuel Deadlines

    The Sierra Club on Thursday sued the U.S. Environmental Protection Agency, saying it has failed to update Congress on the environmental impacts of the Renewable Fuel Standard program, and failed to study whether increased ethanol use has adversely impacted air quality.

  • October 19, 2017

    Ex-Gibson Dunn Atty Named New FCC General Counsel

    The current deputy solicitor general of West Virginia, and a former Gibson Dunn & Crutcher LLP attorney, has been named the Federal Communications Commission’s general counsel, according to a statement by Chairman Ajit Pai on Thursday, replacing an interim GC who has served in the post since September. 

  • October 19, 2017

    FCC Pauses Sinclair-Tribune Merger Review For Comments

    The Federal Communications Commission on Wednesday announced it is slowing down its review process for the proposed merger between Sinclair and Tribune to allow the public more time to comment on additional details the media giants provided this month on the $3.9 billion deal.

  • October 19, 2017

    Ex-Mass. Rep. Can't Nix Convictions Under High Court Ruling

    A former Massachusetts legislator lost his latest attempt Wednesday to undo decadesold convictions stemming from his failure to disclose gifts he received from an insurance industry lobbyist while holding public office, when a federal judge rebuffed his argument that the U.S. Supreme Court’s landmark McDonnell decision invalidated them.

  • October 19, 2017

    Owners Want Airbnb Told To Stop Rentals In Their Buildings

    The owners of several residential apartment buildings asked a California federal court Wednesday to block Airbnb from allowing their tenants to rent out apartments on its website, saying they will likely prevail on claims that rowdy guests are costing them money and disturbing residents, harms that will continue without the court’s assistance.

  • October 19, 2017

    NAFTA Withdrawal Could Pull Rug Out From US Investors

    With efforts to renegotiate the North American Free Trade Agreement showing little progress and the Trump administration doing little to quell fears it may withdraw altogether, NAFTA country investors could find investment protections enshrined in the deal "gone all of the sudden," experts say.

  • October 19, 2017

    Trump Can't Hold Up Discovery In States' DACA Suit

    The Trump administration cannot postpone discovery and shirk its obligation to produce a privilege log in a battle over Deferred Action for Childhood Arrivals, but will be allowed to disclose a narrower scope of information, a New York federal judge ruled Thursday.

  • October 19, 2017

    Garland OKs Livestream In Teen's DC Circ. Abortion Case

    The D.C. Circuit will livestream oral arguments Friday for the first time in over a decade after Chief Judge Merrick Garland granted a request from a judicial transparency group in a case over an immigrant teen seeking an abortion, the group’s director said Thursday.

  • October 19, 2017

    Fla. Appeals Court Upholds Nursing Home Generator Rule

    A Florida appeals court on Thursday denied three petitions requesting review of an emergency rule giving nursing homes and assisted living facilities 60 days to install generators capable of providing four days of backup power.

  • October 19, 2017

    Long Beach To Spend $180M On Walkways To Settle ADA Row

    A California federal judge signed off on a settlement worth more than $180 million between the City of Long Beach, California, and a class of residents with disabilities, ending an Americans with Disabilities Act lawsuit alleging the city's non-accessible sidewalks are discriminatory toward people in wheelchairs.

  • October 19, 2017

    Treasury's Capital Markets Reforms Unlikely To Spark IPOs

    A recent Treasury Department report aimed at easing capital markets regulation generates few new ideas, instead sticking to familiar recommendations that experts say would help if finally enacted but are unlikely to reverse the long-term decline in initial public offerings.

Expert Analysis

  • 2 More Strikes Against The Travel Ban

    Jeffrey Gorsky

    President Donald Trump’s most recent attempt to implement a travel ban by executive order has now been enjoined from implementation by two separate district courts in Hawaii and Maryland. However, the courts relied on very different grounds as the basis for their rulings, which could hurt the plaintiffs when, as is likely, the cases are reviewed by the U.S. Supreme Court, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • Revisiting The $50B Threshold For Stricter Bank Regs

    Satish Kini

    If the Dodd-Frank Act’s $50 billion asset threshold that triggers enhanced prudential standards for banks is revised, the federal banking agencies separately may feel compelled to revisit a range of other regulations and guidance that have used the $50 billion asset line, say attorneys with Debevoise & Plimpton LLP.

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 6 Possible Iran Deal Scenarios

    Linda Tiller

    Last week, President Donald Trump refused to certify Iran’s compliance with the Joint Comprehensive Plan of Action. This does not mean that the United States is abandoning the JCPOA, but it opens the door to a variety of possible outcomes, depending on what Congress and the White House do next, say attorneys with Husch Blackwell LLP.

  • Electric Vehicle Safety Regs: A Global Comparison

    Anurag Maheshwary

    Several recent developments will generate sustaining momentum for the electric vehicle industry, and the world’s leading automotive jurisdictions have been developing safety regulations for more than a decade. However, a cross-jurisdictional comparison reveals diverging regulatory philosophies and significant gaps, says Anurag Maheshwary, an attorney at the U.S. Department of Justice.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • SEC's Disclosure Proposal Is A Step In The Right Direction

    Nicolas Grabar

    Recently proposed changes to the U.S. Securities and Exchange Commission’s disclosure requirements could signal a trend to emphasize quality over quantity and principles-based rather than prescriptive rules, which would benefit U.S. public companies and investors alike, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.