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Public Policy

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Treasury Must Hand Over 60 More Docs In Auto Pension Suit

    A D.C. federal judge on Monday ordered the U.S. Department of the Treasury to hand over 60 more documents related to the 2009 bailout of General Motors as part of a dispute between current and former salaried workers for Delphi Corp. and the Pension Benefit Guaranty Corp. over an alleged deal with GM that cut their pension fund.

  • October 15, 2018

    Judge Nixes 'Selective Prosecution' Claim Against Mueller

    A D.C. federal judge on Monday cut off efforts by a Russian company charged in the Mueller probe to pursue allegations it is the victim of selective prosecution, after an attorney for the company repeatedly slammed conspiracy allegations in the case as “made up charges.”

  • October 15, 2018

    Cos. Hope For Easy Way Out Of Employee Stock Option Rules

    Burdensome requirements of a new program allowing eligible employees to defer tax on the exercise of certain employee stock option programs have many companies hoping the Internal Revenue Service will provide an easy out in forthcoming guidance.

  • October 15, 2018

    Congress Sends Hezbollah Sanctions Bill To Trump's Desk

    Congress has greenlighted legislation to impose sanctions on foreign people and agencies that give support to Lebanese militant group Hezbollah as part of a bipartisan effort to block funding of the Iranian-backed group, which the U.S. government considers a terrorist organization.

  • October 15, 2018

    Senate Dems Cry Foul Over Hearings For 4th, 9th Circ. Picks

    Democrats on the Senate Judiciary Committee have cried foul over the committee's advancing of judicial nominees for the Fourth and Ninth circuits during the election recess, according to a letter sent Monday to the panel's Republican majority.

  • October 15, 2018

    2nd Circ. Denies Indian Citizen's Political Asylum Claim

    The Second Circuit on Friday sided with the Board of Immigration Appeals' dismissal of an Indian citizen's asylum application, noting that while the man claimed he feared retaliation for his father's role in a Sikh opposition party critical of the government, he had participated in its political events.

  • October 15, 2018

    Veterans’ Broadband Access Needs Gov’t Boost, FCC Told

    The Federal Communications Commission should explore policy changes to expand broadband access for veterans, especially in rural areas, under a congressional mandate passed earlier this year, telecoms including Verizon Inc. have told the FCC.

  • October 15, 2018

    Calif. Law Allows Remote Sellers Tax Collection, Agency Says

    California’s existing “long-arm” nexus statute provides sufficient authority for the nation’s most populous state to move forward with remote seller provisions, the head of one California tax agency said Monday.

  • October 15, 2018

    Fox Sports Networks Can't Go To Big-4 Affiliates, DOJ Hears

    The American Cable Association urged the U.S. Department of Justice on Monday to impose limits on the sale of Twenty-First Century Fox’s regional sports networks, required for its planned $71.3 billion merger with Disney, arguing the networks cannot go to a big-four affiliate or a pay-TV provider.

  • October 15, 2018

    Don't Nix Challenge To Stalled Travel Waivers, Court Told

    A putative class has asked a California federal court not to heed the federal government’s bid to toss a class action challenging its alleged failure to implement a waiver program for President Donald Trump’s travel ban.

  • October 15, 2018

    Top Senate Aide Pleads Guilty To Lying About Press Contacts

    James Wolfe, who worked as the director of security for the Senate Select Committee on Intelligence for three decades, pled guilty in D.C. federal court Monday to lying about his contacts with reporters who published a story about the FBI's execution of a Foreign Intelligence Surveillance Act warrant.

  • October 15, 2018

    NYSE Again Seeks To Ease Rules On Blank Check Cos.

    The Securities and Exchange Commission said Friday it will invite public comment on a modified proposal by the New York Stock Exchange to ease certain listing standards for special purpose acquisition companies, which represent a fast-rising segment of capital markets.

  • October 15, 2018

    Indiana Asks Justices To Revive Pence-Backed Abortion Law

    The state of Indiana has asked the U.S. Supreme Court to revive an abortion law — signed by the state’s former governor, Vice President Mike Pence — after it was shot down by the Seventh Circuit, citing a range of competing opinions within the appeals court and an Eighth Circuit conflict as proof that clarity is needed.

  • October 15, 2018

    Supreme Court Passes On Calif. Water Rights Fee Battle

    The U.S. Supreme Court on Monday declined to review the constitutionality of an annual fee imposed by California’s water control board on water right permit and license holders, leaving undisturbed a state appellate court holding that the fees do not violate the Constitution’s supremacy clause.

  • October 15, 2018

    Chopra Wary Of Digital Markets' Data Tracking, In-House Rules

    Federal Trade Commission member Rohit Chopra on Monday said regulators must examine the power digital platforms and marketplaces gain from the vast amounts of data they collect and how they exercise that power to their financial or competitive advantage. 

  • October 15, 2018

    Mich. Group Seeks Quick Win On BIA Tribal Recognition Regs

    A Native American group from Michigan urged a D.C. federal judge Friday to hand it a win in its suit over its lack of recognition by the federal government, saying the Bureau of Indian Affairs is illegally blocking the group from trying to obtain recognition again after having rejected its initial bid over a decade ago.

  • October 15, 2018

    DHS Says It Already Answered FOIA Request For ICE Docs

    The U.S. Department of Homeland Security has asked a D.C. federal court to trim a Freedom of Information Act suit launched by an immigration group over U.S. Immigration and Customs Enforcement information-sharing programs, saying it produced the requested documents as previously ordered but had to redact some details. 

  • October 15, 2018

    Wikipedia Warns That TVEyes Ruling Would 'Stifle' Critics

    The owner of Wikipedia is urging the U.S. Supreme Court to overturn a copyright ruling against a television search engine called TVEyes, warning that the decision would let rights owners such as Fox News "stifle criticism."

  • October 15, 2018

    Commerce Finalizes Steel Pipe Duties For Taiwanese Co.

    The U.S. Department of Commerce has finalized a tariff tagged on a Taiwanese producer of steel pipes and tubes, finding in the agency’s final determination that the company has sold its products in the U.S. at prices below fair market value, according to a Federal Register notice set to publish Tuesday.

Expert Analysis

  • Series

    Trade Wars: Anti-Dumping And Countervailing Duty Trends

    Shelby Anderson

    In the first article of this special series on the Trump administration's trade policies, attorneys from Covington & Burling LLP explore how a notable increase in U.S. anti-dumping and countervailing duty enforcement actions is creating significant compliance challenges for foreign companies and U.S. importers.

  • Industry Takeaways From The Defense Industrial Base Report

    Zach Mears

    While the long-awaited interagency assessment of the U.S. manufacturing and defense industrial base does not incorporate detailed policy solutions, it does identify current actions and potential future efforts and recommendations. Attorneys with Covington & Burling LLP draw some initial conclusions.

  • Opinion

    Only Congress Can Stop Courts' Patent-Eligibility Nonsense

    Nancy Linck

    The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

  • 10 Key Points From New USCIS 'Notice To Appear' Policy

    Lisa Pino

    U.S. Citizenship and Immigration Services recently hosted a live teleconference to inform the public about a new policy memo concerning documents that notify and require recipients to appear in court before an immigration judge. Lisa Pino of Mayer Brown LLP discusses important implementation details.

  • What Financial Cos. Can Expect If Democrats Win House

    Aaron Cutler

    It is widely expected that Democrats will take control of the House in the midterm elections, and a Democratic House Financial Services Committee will likely launch a broad range of investigations, particularly relating to consumer-facing issues, say attorneys with Hogan Lovells.

  • Opinion

    Blockchain Cos. Should Welcome Regulation — Here's Why

    Anna Fridman

    A clearly delineated regulatory framework would go a long way in providing the certainty necessary for the digital asset economy to thrive, analogous to the stabilizing effect the formation of the U.S. Securities and Exchange Commission had on the stock market after the 1929 crash, says Anna Fridman of Spring Labs.

  • State Tax Codes Can Help Mitigate Poverty

    Misha Hill

    There are several tools at the disposal of state policymakers — particularly within their state tax codes — to help alleviate some of the financial pressure families face when living at or near the poverty level, say Aidan Davis and Misha Hill of the Institute on Taxation and Economic Policy.

  • CFIUS Pilot Program: Immediate Investment Implications

    Ama Adams

    The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP.

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Preap High Court Argument Focused On Immediacy Of 'When'

    Kevin Johnson

    Kevin Johnson, dean of UC Davis School of Law, discusses the U.S. Supreme Court oral argument in Nielson v. Preap, a case presenting the statutory question of whether an immigrant can be subject to mandatory detention by the federal government if significant time has elapsed after his release from state criminal custody.