Public Policy

  • February 18, 2018

    NLRB Member Wrongly Partook In Joint Employer Case, IG Says

    National Labor Relations Board member and former Littler Mendelson PC shareholder Bill Emanuel’s participation in a recent case altering the board’s joint employment standard calls into doubt both the validity of that ruling and the adequacy of the board’s recusal procedures, the agency’s inspector general said in a report obtained by Law360 Saturday.

  • February 16, 2018

    Group Holds Off On FCC Net Neutrality Rollback Challenge

    A public interest group on Friday withdrew its petition filed in the D.C. Circuit seeking to overturn the Federal Communications Commission’s order ending net neutrality regulations, acknowledging that challenges should be filed after the order’s publication in the Federal Register as a lottery to determine jurisdiction for challenges looms.

  • February 16, 2018

    3 Things To Know About The 4th Circ.'s Travel Ban Ruling

    The Fourth Circuit on Thursday ruled against the third version of President Donald Trump’s travel ban in a sprawling 285-page decision, and we read all of it so you don’t have to. Here are three things to know about the ruling.

  • February 16, 2018

    FERC Energy Storage Rule Is A Grid Game-Changer

    The rule finalized Thursday by the Federal Energy Regulatory Commission that makes a place for energy storage in the nation's wholesale electricity markets will shake up the power sector, from boosting renewable energy deployment to spelling doom for certain fossil fuel plants. Here are key takeaways from FERC's energy storage actions and key things to watch for as they're implemented.

  • February 16, 2018

    MGM's $675M Pitch Puts Conn. Tribes' Casino Plan At Risk

    The Mohegan and Mashantucket Pequot tribes’ joint bid to build a $300 million casino in East Windsor, Connecticut, seemed to be nearing fruition last year, but problems securing federal approvals and a recent bill backing a competing $675 million proposal from MGM Resorts International are threatening to capsize the tribes' deal. Here, Law360 looks at the latest developments in the saga.

  • February 16, 2018

    Massage Envy Ducks EEOC Suit Over Ebola Fear-Driven Firing

    A Florida federal judge tossed EEOC claims that a Massage Envy franchise owner illegally fired an employee with plans to visit Ghana on fears she would return with the Ebola virus, finding Thursday she did not qualify as disabled under the Americans with Disabilities Act.

  • February 16, 2018

    Investor Groups Cheer Calls For Limiting Dual-Class Perks

    Investor advocates on Friday lauded SEC Commissioner Robert Jackson's call for sunset provisions on dual-class stock structures, which allow company founders to reserve extra voting power compared with public shareholders, calling it a pragmatic approach that could curb perceived abuses of the practice.

  • February 16, 2018

    Spy Court Suggests Lawmakers Ask DOJ For FISA Case Info

    Foreign Intelligence Surveillance Court Judge Rosemary M. Collyer told senior Republican lawmakers Thursday that the court was still analyzing their “novel” requests for documents related to allegations that the U.S. Department of Justice misled the FISC to surveil a Trump campaign adviser, suggesting instead that they go to the DOJ directly.

  • February 16, 2018

    Jones Day Competition Head Moves To Skadden

    Skadden Arps Slate Meagher & Flom LLP has reportedly poached Jones Day’s Washington-based global antitrust and competition practice head, David Wales.

  • February 16, 2018

    Senate Approves New DOJ National Security Chief, DOD Noms

    The U.S. Senate on Thursday confirmed a Boeing Co. attorney to lead the U.S. Department of Justice’s National Security Division, alongside several U.S. Department of Defense nominees, including a former NASA chief for the new position of undersecretary for research and engineering, part of a shakeup to the DOD's acquisition office.

  • February 16, 2018

    BEAT Grew Out Of Frustration, Treasury Official Says

    The creation of the base erosion and anti-abuse measure in the new U.S. tax law stemmed in part from frustration over the Organization for Economic Cooperation and Development’s “circumscribed” efforts against international tax avoidance, a U.S. Treasury official said Thursday.

  • February 16, 2018

    Can Courts Handle The Increased FOIA Strain Under Trump?

    U.S. District Judge Reggie B. Walton found himself in a difficult position last month, caught between the obligation for a speedy government response to a Freedom of Information Act request and the strain federal agencies and courts are under as FOIA litigation surges under the Trump administration.

  • February 16, 2018

    Experts Debate Larger Effects Of Losing SALT Deduction

    The uncapped state and local tax deduction offered benefits even to Americans who did not itemize and claim it, according to an analysis from an expert at the Urban-Brookings Tax Policy Center.

  • February 16, 2018

    Up Next At High Court: Double Jeopardy, Self-Incrimination

    The U.S. Supreme Court will enter the underworld of burglars, spouse abusers and drug dealers in its first week back on the bench after a long winter recess, hearing a busy criminal docket presenting constitutional questions around double jeopardy and self-incrimination that are critical to the white collar bar.

  • February 16, 2018

    Ex-Debevoise Partner Tapped To Help Atlantic City Recovery

    An ex-Debevoise & Plimpton LLP partner and onetime gubernatorial candidate has been tapped as special counsel to lead New Jersey's effort in returning Atlantic City to local control after more than a year into a state takeover of the struggling resort town's finances, state officials said.

  • February 16, 2018

    DOJ Deputy Welcomes Critiques Of Antitrust Enforcement

    The economics deputy for the U.S. Department of Justice’s antitrust division said Friday that he welcomes recent critiques of antitrust enforcement, including claims that enforcers have been too lax, but said the criticism doesn’t seem to be grounded in actual evidence.

  • February 16, 2018

    DOE Says It Has $11.5M For Tribal Land Energy Projects

    The U.S. Department of Energy announced on Friday it was soliciting applications for $11.5 million to spur energy projects on tribal lands, saying the funding opportunity was the first time the process would be done on “an entirely fuel and technology-neutral basis.”

  • February 16, 2018

    $12B ACA Case Strengthened By Trump Budget, Insurers Say

    Health insurers on Friday told the Federal Circuit that their legal fight for $12 billion in Affordable Care Act funds has been strengthened by a Trump administration budget request that suggests the funds are an obligation of the federal government.

  • February 16, 2018

    FCC Reauthorization Bill Reflects Industry, Policy Trends

    The House of Representatives is taking another stab at renewing the mandate for the Federal Communications Commission, and many of the provisions in the multipronged bill reflect the agency’s morphing values in the Trump administration.

  • February 16, 2018

    Pittsburgh Urges Justices To OK Sick Leave, Security Laws

    The city of Pittsburgh urged the Pennsylvania Supreme Court on Thursday to revive a pair of ordinances requiring employers to provide paid sick leave to their workers and mandating security training and procedures in certain commercial buildings and public spaces.

Expert Analysis

  • Insights On Immigration Reform From The McCain-Coons Bill

    Yova Borovska​​​​​​​

    Even though the immigration bill recently introduced by Sens. John McCain, R-Ariz., and Chris Coons, D-Del. — as well as other similar proposed measures — was struck down by the Senate, it is helpful to look at its contents in order to better understand the provisions that were created through a bipartisan effort and may have been favorably viewed by representatives from both parties, says Yova Borovska​​​​​​​ of Buchanan Ingersoll & Rooney.

  • Understanding Texas Mechanic's Liens And Bonds: Part 1

    Excerpt from Lexis Practice Advisor
    David Tolin

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    Three companies recently submitted bids in response to the request for proposal issued by Massachusetts electric distribution companies, in coordination with the Massachusetts Department of Energy Resources, for offshore wind energy generation projects off the coast of Massachusetts. The stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • Contesting FERC's Right To Impose Retroactive Surcharges

    David Perlman

    In Verso Corp. v. Federal Energy Regulatory Commission, the commission is arguing that it has broad authority to make regional transmission organizations impose surcharges on customers where necessary to pay refunds ordered under Section 206 of the Federal Power Act. The D.C. Circuit's decision in this dispute will have significant implications for FERC’s authority going forward, say attorneys with Bracewell LLP.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.