Public Policy

  • June 21, 2021

    Aon Taps Latham For $30B Willis Merger Fight With DOJ

    Global insurance broker Aon PLC has hired six Latham & Watkins LLP partners, including former Federal Trade Commission Competition Bureau chief Ian Conner, to fight the U.S. Department of Justice's lawsuit in D.C. federal court seeking to block its planned $30 billion merger with Willis Towers Watson.

  • June 21, 2021

    9th Circ. Says Changed Circumstances Review Not Rigid

    The Ninth Circuit on Monday revived an asylum bid from an Indian widow who said she has received death threats from her deceased husband's family, holding that the changed personal circumstances rules cannot be "rigidly" applied when the circumstances are out of the individual's control.

  • June 21, 2021

    Arthrex Ruling Leaves Attys Eyeing USPTO For Guidance

    The U.S. Supreme Court's ruling Monday giving the U.S. Patent and Trademark Office director the right to review Patent Trial and Appeal Board decisions will require vital guidance from the agency on the front end, even if attorneys say it won't ultimately lead to a dramatic change in proceedings.

  • June 21, 2021

    Trump, Feds Escape Most Claims Over Lafayette Square Clash

    A D.C. federal judge on Monday tossed most of the claims in four overlapping lawsuits challenging federal agents' forcible removal of peaceful protesters in Lafayette Square near the White House last June to enable then-President Donald Trump's photo-op at the historic St. John's Episcopal Church.

  • June 21, 2021

    New Arthrex Powers Put Spotlight On USPTO Director Search

    The U.S. Supreme Court on Monday theoretically gave the next director of the U.S. Patent and Trademark Office expansive new power to determine the validity of patents, but practical and political considerations will likely limit the eventual nominee's ability to wield it, attorneys say.

  • June 21, 2021

    DOL Seeks Employers' Input On Drug Cost Disclosure Policy

    The U.S. Department of Labor's benefits unit is asking employers and insurers how they might be affected by a new requirement to disclose prescription drug costs, teaming up with other agencies to request the information Monday as the Biden administration mulls how to implement a Trump-era policy change.

  • June 21, 2021

    7th Circ. Won't Revive Ex-Trump Staffer's Defamation Suit

    The Seventh Circuit on Monday upheld the dismissal of claims that Perkins Coie LLP and the Democratic National Committee disseminated false information about a former Donald Trump campaign adviser, deeming the law firm "stateless" for purposes of federal court jurisdiction.

  • June 21, 2021

    Court Bars Mo. From Enforcing Residency Rules For Pot Cos.

    A Missouri federal judge barred the state Monday from enforcing rules requiring that medical marijuana businesses be majority-owned by people who have lived in the state for at least a year, saying the policy likely violated the dormant commerce clause of the U.S. Constitution.

  • June 21, 2021

    Tribes Say Treasury Again Botched COVID Funding Payouts

    The Prairie Band Potawatomi Nation and the Miccosukee Tribe of Indians of Florida have told a D.C. federal judge that they were again shortchanged by the Treasury Department's distribution of panedmic relief funds when the department tried to fix problems with an earlier payout.

  • June 21, 2021

    ​​​​​​​High Court Wraps Up Moot 'Remain In Mexico' Suit

    The U.S. Supreme Court undid two lower court rulings that blocked a Trump-era asylum policy Monday, deeming an injunction on the Migrant Protection Protocols moot three weeks after President Joe Biden formally ended the program.

  • June 21, 2021

    NC Sens. Float Income Tax Cuts In $52.3B Biennium Budget

    North Carolina would phase out the state's corporate income tax, cut personal income taxes and boost the child tax deduction under a proposed $52.3 billion budget for 2021 to 2023 put forward Monday by leadership in the state Senate.

  • June 21, 2021

    Challengers Say $23B UAE Arms Sale Dispute Should Proceed

    Challengers to the U.S. Department of State's approval of $23.4 billion in proposed arms sales to the United Arab Emirates have pushed back against the department's bid to toss the dispute, saying they have legal standing to pursue the case.

  • June 21, 2021

    No Full 9th Circ. Redo For Calif. Truckers' AB 5 Challenge

    The full Ninth Circuit will not rehear a split-panel decision that allowed enforcement of a California worker classification law on truckers after the majority found that federal law doesn't trump the state's higher standard.

  • June 21, 2021

    Okla. Pot Co. Pushes Back In Seed-To-Sale Tracking Challenge

    Cannabis inventory tracking service Metrc LLC asked an Oklahoma state judge to dismiss a Tulsa dispensary's challenge to the Sooner State's deal to partner with the company, but the retailer said its claims were misconstrued and it's pushing to keep the suit alive.

  • June 21, 2021

    SEC Probing Firms Over SolarWinds Breach Disclosures

    The U.S. Securities and Exchange Commission is investigating whether companies failed to disclose the effects of the now infamous SolarWinds cyberattack on their businesses, offering amnesty to those that come forward and potential enforcement actions and steep fines for those that don't, according to industry sources and at least one major law firm.

  • June 21, 2021

    9th Circ. Revives Suit Over Calif.'s 'Woman Quota' For Boards

    The Ninth Circuit on Monday revived an OSI Systems shareholder's constitutional challenge to a new California law requiring public companies headquartered in the Golden State to have a minimum number of female board members, ruling that it's plausible the law requires shareholders to discriminate on the basis of sex.

  • June 21, 2021

    NJ Assembly Passes Immigration Detention Ban

    The New Jersey General Assembly passed a bill on Monday that would ban U.S. Immigration and Customs Enforcement from detaining immigrants in the Garden State.

  • June 21, 2021

    Justices Won't Review ACA Pay Issue Fight

    The U.S. Supreme Court won't hear challenges from insurers who have said they have been shortchanged on payments they said they are owed as a result of being stiffed on Affordable Care Act cost-sharing reduction payments.

  • June 21, 2021

    Pro-Border Wall Group Loses 2nd Circ. Asset Freeze Fight

    The Second Circuit denied an appeal Monday from border wall crowdfunding organization We Build the Wall to unfreeze some of its assets, saying the group's bid to undo the restraining order on its bank accounts is premature as its executives are still facing fraud charges for allegedly ripping off donors.

  • June 21, 2021

    NJ Pandemic Insurance Bill Clears State Assembly

    The New Jersey Assembly unanimously passed a bill Monday designed to extend insurance coverage to public health crises like the recent coronavirus outbreak, though attorneys have said the measure could provide insurers with another litigation tool for avoiding coverage of losses stemming from the COVID-19 pandemic.

  • June 21, 2021

    Airlines, Unions Ask DOJ To Prosecute Unruly Passengers

    Trade groups for major U.S. airlines and labor unions asked the U.S. Department of Justice on Monday to crack down on a recent spike in unruly passenger behavior and in-flight disturbances, saying disruptive passengers should face criminal prosecution in addition to existing fines.

  • June 21, 2021

    EPA's Draft Formaldehyde Assessment Can Stay Private

    A D.C. federal judge said the U.S. Environmental Protection Agency does not have to release a draft assessment on the human health risks of formaldehyde, deciding that it reveals the deliberations of the agency and is exempt from public records law.

  • June 21, 2021

    Congress Eyes Clampdown On 'Stingray' Phone Surveillance

    Law enforcement agencies would be required to obtain a warrant in most cases to use cell site simulator devices, commonly known as "stingrays," to track people's mobile devices, under a newly introduced bill in the U.S. Senate.

  • June 21, 2021

    DOJ Shuffles Fraud Section Leaders As Top Deputy Departs

    The U.S. Department of Justice is reshuffling the leadership of its Criminal Division as a top deputy departs for private practice, promoting acting Fraud Section chief Daniel Kahn to deputy assistant attorney general and replacing him with a veteran health care fraud prosecutor.

  • June 21, 2021

    Top 3 Groups Lobbying The FCC

    Policy requests slowed slightly at the Federal Communications Commission during the month of May as lobbyists offered input on how a COVID-19 relief program for student connectivity should shape up and weighed in on the agency's broadband mapping efforts.

Expert Analysis

  • DOJ Antitrust Letter Charts Path To Higher Ed IP Collaboration

    Author Photo

    A recent letter from the U.S. Department of Justice to a group of research universities indicated that a proposed technology-focused patent licensing pool contained sufficient competition protections, providing a collaboration road map that higher education can use to support further IP development, say attorneys at BCLP.

  • Opinion

    Fix Section 230 To Hold Online Platforms Accountable

    Author Photo

    Congress should amend Section 230 of the Communications Decency Act to clarify that online platforms, like other businesses, have a reasonable duty of care toward users, and to curtail the broad liability limitations that currently allow heinous content to flourish unchecked, says Neil Fried at DigitalFrontiers Advocacy.

  • How Proposed Ill. Amendment Would Change Union Rights

    Author Photo

    This fall, Illinois voters will decide on a proposed collective bargaining amendment to the state constitution, which if enacted would significantly expand both public and private sector bargaining rights, raising questions about federal preemption, union security and more, say Jennifer Jones and Tanja Thompson at Littler. 

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

    Author Photo

    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Opinion

    Nestle Ruling Shows Supply Chain Human Rights Flaws

    Author Photo

    The Supreme Court's recent ruling in Nestle v. Doe — blocking claims that chocolate makers aided and abetted child slavery in Africa — underscores the need for federal legislation to ensure that U.S. corporation supply chains are not complicit in human rights abuses overseas, says Alexandra Dufresne at the Zurich University of Applied Sciences.

  • Employers Must Brace For PAGA-Like Bills Across US

    Author Photo

    As state legislatures across the U.S. consider bills modeled after California’s lucrative Private Attorneys General Act, employers should gear up for potential litigative burdens, work to mitigate liability risks and get involved in the legislative process, say attorneys at Greenberg Traurig.

  • What Crypto Holders Can Learn From Early-2000s Tax Scandal

    Author Photo

    The Internal Revenue Service’s recent push to gather information about cryptocurrency accounts is similar to its Swiss bank account investigations of the early 2000s, which should prompt taxpayers to consider voluntarily disclosing transactions before they are individually targeted for enforcement, say Timothy Wagner and Thomas Barnard at Baker Donelson.

  • How Global Markets Are Preparing For Potential SPAC Growth

    Author Photo

    As the rising popularity of special purpose acquisition companies extends beyond the U.S., attorneys at Morgan Lewis look at how governments in Asia and Europe are positioning themselves through regulatory shifts, and what market trends can be expected in the U.S.

  • Cos. Can Expect Tougher Climate Risk Disclosure Mandates

    Author Photo

    Recent developments in Congress and at the U.S. Securities and Exchange Commission that point toward an expansion of corporate climate risk disclosure requirements beyond securities filings are a clear signal to publicly traded companies that they must further integrate climate considerations into strategic planning at all levels, say attorneys at Akin Gump.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

    Author Photo

    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • How To Assess Price Volatility Changes In SPAC Class Actions

    Author Photo

    Adjusting for changing volatility over a special purpose acquisition company's life cycle, as well as changes in marketwide volatility, is crucial for proper evaluation of market efficiency, loss causation and damages claims in securities class actions, say Alok Khare and Erica Rose at FTI Consulting.

  • Bipartisan Support Shows Bright Future For Carbon Capture

    Author Photo

    Recent policy proposals — from the Biden administration as well as members of Congress from both parties — promoting carbon capture, utilization and sequestration suggest that this technology has a key role to play in reducing carbon dioxide emissions, says Kevin Poloncarz at Covington.

  • Complying With New EU Data Transfer Contractual Obligations

    Author Photo

    The European Commission's new standard contractual clauses for transferring personal data outside the EU, which take effect June 27, place significantly more onerous obligations on companies, but there are several steps they can start implementing to comply, say William Long and Francesca Blythe at Sidley.

  • Law Firm Talent Must Reflect Shifting US Demographics

    Author Photo

    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Cannabis SPACs Are Piquing Investor Interest

    Author Photo

    Keen for acquisitions in a tight market, cannabis investors are heading to riskier special purpose acquisition companies as they anticipate the rewards of both federal legalization and legislation that would allow financial institutions to provide services to cannabis companies, say Matthew Rizzo and Marco Eadie at O'Keefe.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!