Public Policy

  • April 28, 2017

    Trump Exec Order Seeks To Expand Offshore Drilling

    President Donald Trump on Friday signed an executive order that directs the U.S. Department of the Interior to review his predecessor’s restrictions on offshore oil and gas drilling, declaring that America is better when it takes full advantage of its natural resources.

  • April 28, 2017

    No EIS Required For USDA Role In Oregon's Wolf Program

    The U.S. Department of Agriculture escaped a lawsuit filed by conservationists over wolf removal in Oregon after a federal judge ruled Thursday the agency did not have to conduct an environmental impact statement before it killed two wolves at the state's request.

  • April 28, 2017

    DOT Raises Fines For Pipeline Safety Violations

    Entities that violate federal pipeline safety laws will face new, increased fines of $209,002 for each day the violation continues, or more than $2 million for a related series of violations, under revised maximum civil penalties that the U.S. Department of Transportation announced on Thursday.

  • April 28, 2017

    Hobby Lobby Moots Co.'s Contraception Rule Case: 7th Circ.

    The Seventh Circuit on Friday vacated an injunction blocking the Affordable Care Act’s pre-Hobby Lobby contraceptive mandate for for-profit employers, noting the grounds for such relief were mooted when Congress amended the ACA to shield religious beliefs after the high court ruled on the case.

  • April 28, 2017

    FERC Commissioner Honorable Won't Seek New Term

    Federal Energy Regulatory Commissioner Colette Honorable will not seek another term when her current one expires at the end of June, she announced Friday, a move that could leave the already quorumless agency with just one commissioner.

  • April 28, 2017

    High Court Urged To Reverse 6th Circ.'s Waters Of US Ruling

    Several industry groups, states and environmental organizations on Thursday asked the U.S. Supreme Court to reverse the Sixth Circuit’s ruling that it has sole jurisdiction to hear challenges to the U.S. Environmental Protection Agency’s rule clarifying its ability to issue permits under the Clean Water Act.

  • April 28, 2017

    Trump’s Corporate Tax Reform Poised To Fuel More M&A

    The Trump administration rolled out an early outline for corporate tax reform recently, suggesting that a steep rate reduction and an incentive to repatriate offshore funds are in the works, changes that are expected to give companies access to more capital to do deals, experts say.

  • April 28, 2017

    CSX Dodges Fines Over Ohio Blocked-Crossing Law

    The city of Defiance, Ohio, can’t fine CSX Transportation Inc. for blocking public roadways because the state law it's relying on is preempted by the Interstate Commerce Commission Termination Act, an Ohio federal judge ruled Friday.

  • April 28, 2017

    DHS Policy Limits Privacy Rights Of Foreigners In US

    The Department of Homeland Security issued new policy guidance Thursday that limits the privacy rights of immigrants and nonimmigrant foreigners in light of President Donald Trump's executive order excluding anyone other than U.S. citizens and lawful permanent residents from the protections of the Privacy Act.

  • April 28, 2017

    Senators Revive Bill To Speed Up Generic Drug Approval

    A bipartisan group of U.S. senators on Thursday revived the CREATES Act, a bill aimed at lowering drug prices by streamlining the process to get generic drugs on the market.

  • April 28, 2017

    Ga. Law Aims To Slash Funds For Sanctuary Campuses

    As part of a growing movement against so-called sanctuary campuses across several states, Georgia will slash funding to any private university protecting unauthorized immigrants, according to a law signed Thursday by Republican Gov. Nathan Deal.

  • April 28, 2017

    OCC Chief Says Fintech Charter Fight May Stifle Innovation

    U.S. Comptroller of the Currency Thomas Curry on Friday defended his agency’s proposal to grant special banking charters to financial technology firms, and said that critics of the move could be putting consumers at risk by not adapting to changes in the financial services industry.

  • April 28, 2017

    Judicial Confirmations Reached Historic Lows Under Obama

    The U.S. Senate confirmed a smaller percentage of President Barack Obama’s district and circuit court nominees during his eight years than any other two-term president going back to Harry S. Truman, according to a recent report by the Congressional Research Service.

  • April 28, 2017

    Mont. Sens. Float Bill To Extend Indian Coal Tax Credit

    The two U.S. senators from Montana on Thursday announced the introduction of legislation to permanently extend a tax credit for coal production on Native American lands, saying it will boost self-determination in Indian Country.

  • April 28, 2017

    Navajo Power Plant Poses Test For Trump's Pro-Coal Stance

    The looming closure of a power plant vital to the Navajo Nation and the Hopi Tribe gives President Donald Trump a chance to save jobs, help rural America and support the coal industry by backing the Navajo's push to keep the facility online through 2029. Although extending the plant's life might dovetail with the Trump administration's priorities, experts say economic realities may make that a lost cause.

  • April 28, 2017

    Health Hires: 8 Firms Add Health, Life Sciences Experts

    The last few weeks have seen Cooley LLP, DLA Piper, Faegre Baker Daniels Consulting, Fox Rothschild LLP, King & Spalding LLP, Nossaman LLP, Polsinelli PC and Porzio, Bromberg & Newman PC expand their expertise in the health and life sciences worlds.

  • April 28, 2017

    OSHA Pulls Rule Letting Union Reps Join Walk-Throughs

    The Occupational Safety and Health Administration has rescinded a memo allowing union representatives to take part in workplace walk-throughs, the National Federation of Independent Business said on Thursday in a motion to dismiss its challenge of the so-called Fairfax memo. Its motion was granted later that day.

  • April 28, 2017

    ABA Sections Urge EU To Avoid New Data Access Regs

    The American Bar Association's international and antitrust sections have weighed in on a public request from the European Union's executive arm to discuss data economy growth throughout the bloc, urging the commission to shy away from policies that may stifle competition and innovation.

  • April 28, 2017

    Trump Taps Brownstein Hyatt Atty For DOI No. 2 Post

    President Donald Trump said Friday that he will nominate David Bernhardt, chair of Brownstein Hyatt Farber & Schreck LLP’s natural resource practice, as deputy secretary of the U.S. Department of the Interior, the agency’s number two post.

  • April 28, 2017

    Tillerson Pushes for New Sanctions Against North Korea

    U.S. Secretary of State Rex Tillerson on Friday called on members of the United Nations to levy new sanctions on North Korean entities and individuals supporting the insular country’s weapons and missile programs, in addition to tightening existing restrictions. 

Expert Analysis

  • Why Medical Marijuana Delivery May Soon Be Legal In LA

    Michael Rosenblum

    California has authorized licensed dispensaries to deliver medical marijuana to qualified patients, but allows municipalities to ban such deliveries. San Jose and other cities have recently lifted their delivery prohibitions. Los Angeles retains its ban, but a recently passed ballot measure and shifting public sentiment suggest that this may change in the coming months, says Michael Rosenblum of Thompson Coburn LLP.

  • Chatting With Ex-Fed. Circ. Chief About Patent System 'Mess'

    Eli Mazour

    Former Federal Circuit Chief Judge Paul Michel, who retired in 2010, recently sat down for an interview with me. He urged immediate action by Congress to fix patent eligibility problems and even more immediate action by the Trump administration to fix the Patent Trial and Appeal Board proceedings, says Eli Mazour of Harrity & Harrity LLP.

  • CMS Final Rule Does Not Answer Insurers' Biggest Questions

    Jeremy Earl

    The Centers for Medicare and Medicaid Services recently released a final rule intended to stabilize exchange markets for 2018. However, the rule does not resolve ongoing uncertainty regarding cost-sharing reduction funding, among other concerns, and this uncertainty will likely overshadow any stabilizing effects, say attorneys with McDermott Will & Emery LLP.

  • NYPSC Shakes Up Net Metering Projects In New York State

    Peter Trimarchi

    The New York Public Service Commission recently issued an order creating a new means of compensating renewable energy projects connected to the state’s electric grid. By replacing the net metering system with a new, more complex scheme for project valuation, the order will quickly change the landscape of renewable energy development and financing in New York, says Peter Trimarchi of Nixon Peabody LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Tribal Self-Governance Under Trump: A Common Goal

    Venus McGhee Prince

    Today, tribes' unwavering resolve to assume control over a greater number of programs traditionally provided by the federal government may in fact reflect the zeitgeist of the Trump administration. Tribes must educate a new, not-yet-appointed cadre of federal officials on how tribal self-governance can create economic growth not only in Indian country but in the surrounding communities as well, say Venus McGhee Prince and Claire Ne... (continued)

  • 100 Days Of FCPA Under Trump: 10 Takeaways

    Meghan Hansen

    Since the presidential election, there has been uncertainty about the future of Foreign Corrupt Practices Act enforcement. The Trump administration's first 100 days have given some clues, say Meghan Hansen and Carolyn Wald of Latham & Watkins LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • How Wireless Carriers Defend Consumers From Spam Texts

    Anush Emelianova

    Companies like Twilio have argued that the Federal Communications Commission should regulate text messages under the open internet rules, meaning that texts from consumers and businesses can't be filtered without notice. Wireless carriers claim that such a change would hurt consumers, and Chairman Ajit Pai is likely to protect consumers by siding with the carriers, say Phyllis Sumner and Anush Emelianova of King & Spalding LLP.

  • A Do-Over: Takeaways From Florida Court's Ober Revisit

    Paul Rush

    A Florida state court's recent reversal of its own 2016 decision in Ober v. Town of Lauderdale-By-The-Sea affirms the long-standing interpretation of Florida’s lis pendens statute. However, lenders should be on alert, for this ruling may not be the end of the road for Ober, says Paul Rush of Trenam Law.