Public Policy

  • August 18, 2017

    Icahn Quits Post As Trump Adviser After Conflict Concerns

    Activist investor and CVR Energy chair Carl Icahn resigned Friday as President Donald Trump’s special regulatory adviser in the wake of conflict of interest questions related to his renewable-fuel market activities and ownership in insurance giant American International Group.

  • August 18, 2017

    Trump Tweets On Border Security In Wake Of Barcelona Attack

    President Donald Trump accused Democrats of using the courts to impede his national security policy in a series of tweets Friday after a van ran down a crowd of pedestrians in Barcelona, killing 13 and injuring dozens more in an act of terror.

  • August 18, 2017

    5 Ways For Contractors To Mitigate A Gov't Shutdown

    There is a growing perception that complications with this year’s federal budgeting process may lead to the first government shutdown since 2013, but experts say there are a number of steps federal contractors can take to help lessen the potential impact of any pause in government funding.

  • August 18, 2017

    Trump Infrastructure Order Shows Strategy Without Clear Plan

    The Trump administration's recent executive order seeking to expedite permitting and approvals for infrastructure projects is an encouraging sign the president is curtailing what he views as overregulation and inching toward advancing his promised — yet still unseen — infrastructure investment proposal, experts say.

  • August 18, 2017

    HHS Must Justify 'Turbocharged' Hospital Data, DC Circ. Says

    The U.S. Department of Health and Human Services must better explain why it used questionable data from “turbocharging” hospitals when calculating how Medicare would dole out billions of dollars for extraordinarily expensive patients, the D.C. Circuit ruled Friday.

  • August 18, 2017

    Ex-EOIR Head Juan Osuna Dies 3 Months After Resigning

    Juan P. Osuna, a former director of the U.S. Department of Justice’s Executive Office for Immigration Review and ex-associate attorney general in the DOJ’s Civil Division, died Tuesday.

  • August 18, 2017

    Justices Urged To Nix State Takings Precedent In Tax Case

    A small business trade group and constitutional advocacy center both urged the U.S. Supreme Court to take up a challenge to Michigan’s tax foreclosure sale law, saying property owners have been denied their day in court in trying to overturn the law.

  • August 18, 2017

    MIT Immigrant Janitor Was Wrongly Detained, ACLU Says

    The American Civil Liberties Union on Thursday told a Massachusetts federal court that the government could not justify detention of a Massachusetts Institute of Technology janitor under its statutory powers or on a constitutional basis, requesting his release from immigration officials' custody.

  • August 18, 2017

    Calif. Logging Project Exempt From NEPA Review, Judge Says

    A California federal judge has ruled that environmentalists can’t block a U.S. Forest Service-approved logging operation they say harms critical California spotted owl habitat in the state’s Tahoe National Forest because the 5.3-million-acre area was exempt from National Environmental Policy Act review.

  • August 18, 2017

    Puerto Rico Bankruptcy Case Challenge Certified To AG

    The U.S. government was asked Thursday if it would like to respond to a Wall Street investor’s court effort to unravel Puerto Rico’s historic insolvency proceedings, in which the creditor hedge fund argues that the members of the federal board representing the commonwealth were unconstitutionally appointed.

  • August 18, 2017

    FDA Invites Input As Pharma-Ad Overhaul Looms

    The U.S. Food and Drug Administration on Friday invited wide-ranging feedback on its plan to overhaul broadcast advertisements for prescription drugs so that fewer risks are disclosed, the latest chapter in a yearslong process.

  • August 18, 2017

    US Reps. Probe Bayer, Teva, Novartis On MS Drug Pricing

    U.S. Reps. Elijah E. Cummings and Peter Welch, Democrats from Maryland and Vermont, respectively, on Thursday announced an investigation into price hikes for multiple sclerosis drugs made by companies including Bayer, Novartis, Sanofi, Teva and Roche.

  • August 18, 2017

    6th Circ. Ends Rand Paul's FATCA Challenge

    A Sixth Circuit panel on Friday shot down a challenge to Foreign Account Tax Compliance Act measures from Sen. Rand Paul, R-Ky., and others, ruling that the group can’t show they were actually harmed by the law.

  • August 18, 2017

    Vacancies Slowing Pro-Biz Shift At Trump's DOL

    President Donald J. Trump’s deregulatory bent inspired cautious optimism among employers, but employment attorneys say change has been slow in coming at the U.S. Department of Labor, which still has key political positions unfilled seven months after the president's inauguration.

  • August 18, 2017

    House Lawmakers Press IRS To Beef Up Rehiring Policies

    House Ways and Means Committee members urged the Internal Revenue Service to stop rehiring employees who had been fired for performance issues, noting Thursday that the agency has come under fire for the practice and that a recent audit raised “serious concerns.”

  • August 18, 2017

    Trump Elevates Status Of DOD Cyber Command

    President Donald Trump on Friday announced that he will elevate U.S. Cyber Command to a top-level military command focused on cyberspace operations, with U.S. Department of Defense brass also considering whether to separate Cybercom from the National Security Agency.

  • August 18, 2017

    New Seattle Tax On Rich May Lead To Statewide Income Tax

    Seattle’s new tax on high-income earners has significant hurdles to overcome with three lawsuits alleging it is unconstitutional, but if the city wins, it could clear a path for a statewide income tax and inspire other municipalities seeking to implement similarly progressive tax systems.

  • August 18, 2017

    Net Neutrality Crucial For Free Speech, UN Experts Say

    Two experts for the United Nations weighed in Thursday on the net neutrality debate, saying treating all online content equally is crucial to upholding the right of free speech that U.N. member states enjoy.

  • August 18, 2017

    Ill. County Says Soda Tax No Longer Violates Food Stamp Law

    Cook County’s new soda tax will no longer put Illinois at risk of losing $87 million in federal food stamp funding, the state said Friday after the county adjusted its regulatory language in order to avoid running afoul of federal law.

  • August 17, 2017

    Justice Dept. To End Obama-Era Operation Choke Point

    The U.S. Department of Justice on Wednesday said it is set to end a controversial Obama-era program that sought to cut off scammers from the U.S. financial system but, critics say, ended up targeting payday lenders, gun shops and other businesses that were out of favor with the previous administration.

Expert Analysis

  • Weakening The CDA Would Have Unintended Consequences

    Charles Harris

    Recent legislative efforts to amend the Communications Decency Act and remove Section 230 protection from websites that facilitate sex trafficking are commendable, but the vague language in the proposed legislation could open the door for the plaintiffs’ bar to file vexatious lawsuits against even law-abiding websites, says Charles Harris of Mayer Brown LLP.

  • Obama's Overlooked Antitrust Legacy

    Kelsey Shannon

    There is an Obama antitrust legacy of aggressive enforcement, particularly on mergers, but this legacy is mostly ignored. The antitrust bar should care about this oversight, says Kelsey Shannon of the Lynn Law Firm.

  • What S&P, FTSE Actions Mean For Multiclass Share Structures

    Keith Townsend

    Recent actions by the S&P Dow Jones and FTSE Russell highlight growing concerns within the investment community regarding multiclass voting structures. However, it is unlikely these actions will have a uniform impact on every multiclass company, say attorneys with King & Spalding LLP.

  • Time To Lift The Ban On Foreign Control Of US Reactors

    John Matthews

    An outdated legal restriction prohibits foreign ownership or control of U.S. commercial nuclear reactor licenses. Foreign companies nonetheless invest in U.S. reactors, but must partner with U.S. firms, which distorts the marketplace. Properly vetted foreign companies owning U.S. reactor licenses would promote the country's economic interests without endangering security, says John Matthews of Morgan Lewis & Bockius LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opinion

    It’s Time To Fix FIFRA Preemption

    Lawrence Ebner

    Pesticides, like drugs and other products whose safe use is heavily regulated by the federal government, simply should not be subject to the whims of local government officials. The Federal Insecticide, Fungicide and Rodenticide Act is long overdue for an amendment that would expressly and unequivocally preempt all local regulation of pesticide sale and use, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • OCC Opens The Debate On Volcker Rule Reform

    Andrew Shipe

    The Office of the Comptroller of the Currency recently issued an advance notice of proposed rulemaking that represents the first concrete step toward reforming the regulations that implement the Volcker Rule. The OCC’s willingness to issue the ANPR reflects a forward-thinking approach that will have a significant long-term impact on financial market participants, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Personnel Is Policy: Succession Possibilities At The CFPB

    Andrew Sandler

    It is not entirely clear whether the Dodd-Frank Act or the Federal Vacancies Reform Act would control succession in the event of Director Richard Cordray’s resignation from the Consumer Financial Protection Bureau. But there will be real and significant differences in the operation of the CFPB depending on which statute prevails, say Andrew Sandler and Benjamin Olson of Buckley Sandler LLP.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)