Public Policy

  • July 14, 2020

    NY Town Can't Block $500M Gas Pipeline

    An upstate New York town can't prevent a pipeline operator from constructing a compressor station by denying it a building permit, because the town's requirements are preempted by the Natural Gas Act, a federal court ruled on Tuesday.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Final Vote Nears For Bill To End 'Fraudulent' Tribal Treaty

    A bill to undo a U.S. treaty with Native American tribes in Oregon dating back to 1865 has advanced to the House floor, teeing up final congressional passage for the Senate-approved bipartisan measure that would nullify a pact described as "fraudulent" by bill supporters.

  • July 14, 2020

    Fla. High Court Orders More Arguments On Pot License Law

    The Florida Supreme Court on Tuesday asked a would-be medical marijuana company and the state's Department of Health to return to court for a second round of oral arguments over whether the law governing the licensing process is an unconstitutional "special law."

  • July 14, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.

  • July 14, 2020

    Justice Ginsburg Hospitalized For Possible Infection

    U.S. Supreme Court Justice Ruth Bader Ginsburg was treated at a hospital Tuesday for a "possible infection" and will remain there for a few days, although she is "resting comfortably," the court said in a statement.

  • July 14, 2020

    15 States Commit To Push For Clean Trucks, Delivery Vehicles

    California, New York and more than a dozen other states on Tuesday committed to making all newly sold medium and heavy-duty vehicles — categories that include big rigs and box trucks — emissions-free by 2050.

  • July 14, 2020

    UK Eyeing Conditions On Stryker's $4B Wright Medical Deal

    Stryker's $4 billion plan to snap up a rival medical technology giant might soon be waved forward by the U.K.'s competition enforcer, which indicated Tuesday that its blessing may be forthcoming.

  • July 14, 2020

    EPA Moved Goal Posts As NY Sought To Limit Ozone: DC Circ.

    The U.S. Environmental Protection Agency improperly denied New York's request for stronger ozone emission controls in upwind states by "moving the finish line" and relying on faulty legal conclusions, the D.C. Circuit said Tuesday.

  • July 14, 2020

    Green Group Challenges EPA Water Permit Limitations

    A Pennsylvania environmental group has sued the U.S. Environmental Protection Agency, saying the agency's interpretation of Section 401 of the Clean Water Act published this week "eviscerates" states' and tribes' ability to protect waters around federal pipeline projects.

  • July 14, 2020

    Google Offers EU Fixes For $2B Fitbit Deal

    Google has submitted proposed commitments to address concerns from the European Union's antitrust enforcer about the tech giant's planned $2.1 billion purchase of fitness tracking device maker Fitbit, according to a posting on the European Commission's website.

  • July 14, 2020

    Philly Sued For Using 'Military Style Munitions' On Protesters

    The City of Philadelphia was hit Tuesday with two lawsuits over actions during protests against police violence, including a suit by residents of the predominantly Black neighborhood of West Philadelphia who say police rained tear gas and rubber bullets on their homes and used military tactics that were not employed in white neighborhoods.

  • July 14, 2020

    Insurer Says Policy Isn't Triggered In COVID-19 Coverage Suit

    Society Insurance Inc. on Monday told an Illinois federal judge that a group of theaters and restaurants can't get coverage for their COVID-19-related business interruption claims because the policy provisions they cited haven't been triggered.

  • July 14, 2020

    Mass. Justices Take Up Challenge To Virus Shutdown Orders

    The Massachusetts Supreme Judicial Court has agreed to hear a challenge to Gov. Charlie Baker's numerous orders closing businesses during the COVID-19 pandemic, citing the need to tackle issues that have spawned multiple cases at the state and federal level.

  • July 14, 2020

    Trump Admin Drops Pandemic Student Visa Policy

    The Trump administration has agreed to rescind a directive that would have barred foreign students from the United States if their colleges canceled in-person instruction during the COVID-19 pandemic, following lawsuits by a number of universities and states, a Massachusetts federal judge said in a Tuesday hearing.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    EU Urges Blocking State Aid To Companies In Tax Havens

    The European Commission recommended Tuesday that financial support for companies in the future be contingent on their not making use of countries on the European Union's so-called tax haven blacklist.

  • July 14, 2020

    China Sanctions Lockheed Over $620M Arms Sale To Taiwan

    China sanctioned Lockheed Martin on Tuesday over a $620 million missile sale to Taiwan, a day after sanctioning Sens. Marco Rubio and Ted Cruz in retaliation against the Trump administration's decision to cut Chinese officials' access to the U.S. over alleged human rights abuses.

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Washington NFL Name Change Puts Focus On Other Teams

    The Washington, D.C., NFL team is dropping the Redskins name and logo after years of resistance to pressure from Native Americans and others who say they are racist, a move that experts say signals a growing societal push to remove Native American names and imagery from sports even as legal efforts to do so have fallen short.

  • July 13, 2020

    'Grim Reaper' Atty Blasts Fla. Gov.'s Virus 'Inaction' In Appeal

    A Florida attorney who has made waves appearing as the Grim Reaper across the state during the COVID-19 pandemic blasted Gov. Ron DeSantis for his inaction as he urged a state appeals court to revive his case asking the courts to impose beach closures and a statewide stay-at-home order.

  • July 13, 2020

    Berman Resists Talking Motives For Ouster In New Transcript

    Former Manhattan U.S. Attorney Geoffrey Berman resisted attempts by members of the House Judiciary Committee to get him to speculate on the possible reasons for his controversial ouster last month, according to a transcript of last week's closed-door congressional hearing made public on Monday.

  • July 13, 2020

    Mass. Voters Turn To Top Court To Get Ballot Forms Sent

    Seven Massachusetts residents and two voting rights groups sued Secretary of the Commonwealth William Galvin on Monday to force his office to comply with a new law requiring the secretary to send mail-in ballot applications to all registered voters in the state.

  • July 13, 2020

    Have Too Many Cases? Judge Leon Doesn't Want To Hear It

    A government attorney wanted U.S. District Judge Richard J. Leon to consider deadlines she faces in other cases before he issues a scheduling order in a suit over a sex trafficking law, but the D.C. federal judge offered no sympathy Monday, firing back that the administration has the staff to help her meet the deadlines.

  • July 13, 2020

    FCC Floats Lobbying Disclosure Rules' First Update Since '11

    Tribal governments and administrators of two new government programs could be exempt from Federal Communications Commission rules that require outside parties with business before the FCC to document every conversation with the agency as part of a recently proposed update to its so-called ex parte rules.

Expert Analysis

  • Final IRS Rules On REIT Dividends Create Statutory Conflict

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    The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

  • Shaking Up The Fundamental Laws Of US Internet

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    A recent executive order threatening to end Communications Decency Act protections for social media and a U.S. Copyright Office report on Digital Millennium Copyright Act reform are the latest developments shedding light on the movement to overhaul the fundamental laws of the internet, says Susan Goldsmith at McCarter & English.

  • 3 Ways High Court's Liu V. SEC Ruling Curtails FTC Authority

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    The U.S. Supreme Court's recent ruling in Liu v. U.S. Securities and Exchange Commission limited the Federal Trade Commission's authority in important ways, and the court's eventual decision in FTC v. Credit Bureau Center could prevent the regulator from seeking disgorgement or restitution altogether, say attorneys at Sidley.

  • HHS Discrimination Rule Conflicts With LGBTQ Bias Ruling

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    A new rule from the U.S. Department of Health and Human Services' Office for Civil Rights and the Centers for Medicare & Medicaid Services scaling back nondiscrimination regulations raises compliance questions for health providers, especially in light of the U.S. Supreme Court's recent broad interpretation of "on the basis of sex," say attorneys at Reed Smith.

  • Employer Considerations After Justices' LGBTQ Rights Ruling

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    In light of the U.S. Supreme Court’s recent ruling that Title VII protects LGBTQ workers in Bostock v. Clayton County, companies should review employment policies for compliance, update diversity and inclusion mission statements, and consider several questions about the opinion’s potential reach, say attorneys at Blank Rome.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • How NYC Advocates Can Litigate De Facto Rent Stabilization

    Excerpt from Lexis Practice Advisor
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    The de facto rent stabilization doctrine can provide important housing security for New York City tenants, and advocates using it as a defense in summary eviction proceedings should be aware of key legal issues that often crop up, say Andrew Darcy and Brian Sullivan at Mobilization For Justice.

  • Unpacking The Supreme Court's Praise For The TCPA

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    The U.S. Supreme Court's decision in Barr v. American Association of Political Consultants strengthens the Telephone Consumer Protection Act as one of the most vexing and frequently deployed privacy statutes in the U.S., and paints the TCPA in a favorable light, say Ezra Church and Terese Schireson at Morgan Lewis.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Highlights From OECD Roundtable On Conglomerate Mergers

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    The issue of creating a special standard for digital platform mergers — discussed at the Organization for Economic Cooperation and Development's recent off-the-record roundtable on trends in the conglomerate effects of mergers — raises several questions, says David Pearl at Axinn.

  • When NY Worker Free Speech Rights And COVID-19 Collide

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    Alexandra Berke, Kacie Candela and Margaret Lee at Berke-Weiss examine New Yorkers' rights to protest in person or online without fear of discipline at work, and address employee protesters' COVID-19 risk in the workplace.

  • Key COVID-19 Accessibility Issues As ADA Turns 30

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    Shira Blank and Joshua Stein at Epstein Becker examine pandemic-related accessibility challenges businesses should consider when balancing Americans with Disabilities Act Title III compliance against employee and patron safety as the statute's 30th anniversary approaches.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Attys Should Stop Using 2 Common Cannabis Industry Terms

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    Adopting the industry-preferred alternatives to the terms "marijuana" and "black market" will help lawyers show that they are sensitive to the historical and systemic harm done by the war on drugs to people of color, say Joshua Mandell at Akerman, Nicole Phillis at Davis Wright and consultant Yvette McDowell.

  • How Health Info Interoperability Rule Affects Providers

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    The Centers for Medicare and Medicaid Services' new rule implementing interoperability requirements of the 21st Century Cures Act creates new compliance challenges for health care providers and will ultimately require investments in information technology, say Elizabeth Hein and Cynthia Haines at Post & Schell.

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