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Public Policy

  • August 17, 2018

    Mueller Wants Up To 6 Months In Prison For Ex-Trump Aide

    Special Counsel Robert Mueller on Friday recommended a prison sentence of zero to six months for the former Trump adviser who pled guilty to lying to investigators about his interactions with individuals alleged to have ties to the Russian government during his time working for the campaign.

  • August 17, 2018

    Manafort Judge Talks Threats In Not Releasing Jurors' Names

    The Virginia federal judge overseeing the Paul Manafort trial on Friday revealed he has received threats during the case and expressed concern that revealing the names of jurors deliberating the fate of the former Trump campaign chair could put their “peace and safety” at risk.

  • August 17, 2018

    Trump Asks For Stay Pending Appeal Of Emoluments Suit

    In a bid to prevent discovery that could involve President Donald Trump's financial records, government attorneys asked a Maryland federal judge Friday to stay Maryland and the District of Columbia's suit alleging Trump's potential profit from foreign and domestic governments at Trump International Hotel violates the Constitution's emoluments clauses.

  • August 17, 2018

    Don't Send CFPB Queries To OMB, Mulvaney Tells Dems

    Consumer Financial Protection Bureau acting Director Mick Mulvaney has replied to a letter from Senate Democrats asking about his decision earlier this year to dissolve the agency’s Consumer Advisory Board, saying he can’t answer their inquiry because it was addressed to him at his other job at the Office of Management and Budget.

  • August 17, 2018

    TV 'White Spaces' Program Lacks Oversight, NAB Says

    The so-called TV white spaces program that repurposes unused broadcast spectrum gaps is fraught with errors and is egregiously unsupervised, the National Association of Broadcasters has told the Federal Communications Commission.

  • August 17, 2018

    Trump Call For SEC To Study Reporting Rules Sparks Debate

    President Donald Trump on Friday called on the U.S. Securities and Exchange Commission to study ending quarterly reporting requirements for public companies and switch to a six-month system in order to cut costs and spur growth, a major policy shift that experts say would likely be embraced by many businesses but resisted by investors.

  • August 17, 2018

    9th Circ Tells FWS To Revisit Fish ESA Listing Decision

    The Ninth Circuit on Friday overturned a lower court and said there were problems with the population analysis and other components of the U.S. Fish and Wildlife Service’s decision not to list the arctic grayling — a fish with a body similar to a trout — under the Endangered Species Act.

  • August 17, 2018

    Nationwide Ban OK For Trump Birth Control Rules, States Say

    Five states challenging Trump administration rules exempting employers from providing health care coverage for birth control due to moral or religious objections said the Ninth Circuit could uphold a nationwide injunction on the policy, arguing a recent ruling ending a national bar on the president's sanctuary city policy didn't mean all broad injunctions must be scrapped.

  • August 17, 2018

    CashCall Ruling Creates Legal Uncertainty For Calif. Lenders

    The California Supreme Court’s recent ruling that it’s possible for the interest rate on a consumer loan of more than a certain dollar amount in the state to be declared "unconscionable" could wind up being a headache for nonbank lenders operating under California law, attorneys told Law360.

  • August 17, 2018

    FCC Must Include Local Data In Market Review, CCA Says

    The Federal Communications Commission should learn from its Mobility Fund Phase II data collection, which will inform the way the FCC doles out subsidies to mobile carriers in an upcoming auction, as it separately analyzes the state of competition in the market for wireless services, the Competitive Carriers Association has told the agency.

  • August 17, 2018

    Attys Decry Sessions' New Burdens On Immigration Judges

    U.S. Attorney General Jeff Sessions issued a decision Thursday night in a precedential Board of Immigration Appeals case that limits immigration judges’ discretion to pause deportation proceedings, potentially undermining their ability to manage their dockets effectively and hindering immigrants from pursuing benefits to which they are entitled, attorneys said.

  • August 17, 2018

    Facebook, Google Could Be Wild Cards In Privacy Law Fight

    Federal lawmakers have struggled for years to enact uniform online data security rules, but now once-unthinkable support from tech giants like Facebook and Google and shifting consumer attitudes are signaling a chance for momentous change, attorneys say.

  • August 17, 2018

    Feds Fire Back At Sheldon Silver's Post-Conviction Bail Bid

    Federal prosecutors on Thursday rejected as “baseless” a request by Sheldon Silver to stay free while appealing his conviction and seven-year sentence for political corruption, telling a Manhattan federal judge that the jury that convicted the former New York Assembly speaker had clear instructions.

  • August 17, 2018

    DOD Asks Court To Toss Challenge To HIV Policy

    The U.S. Department of Defense on Thursday asked a Virginia federal court to dismiss a Guardman's challenge to its HIV policy, saying the long-standing policy is not being used alongside a recent retention policy to automatically discharge HIV-positive troops and that the court lacks jurisdiction to review the HIV policy, regardless.

  • August 17, 2018

    Kavanaugh Will Meet With Top Senate Opponent

    U.S. Supreme Court nominee Brett Kavanaugh will come face-to-face with his opposition Monday as he sits down with Sen. Dianne Feinstein, D-Calif., the ranking member of the Senate Judiciary Committee and the lawmaker leading the fight against his confirmation.

  • August 17, 2018

    Tribes Tell Justices HUD Must Pay Back Housing Funds

    A group of Native American housing authorities and tribes urged the U.S. Supreme Court to overturn a Tenth Circuit decision saying the U.S. Department of Housing and Urban Development doesn't have to repay them despite finding that HUD illegally recouped $19.5 million in affordable housing grants from tribes, claiming the appellate court misapplied high court precedent.

  • August 17, 2018

    NY, Others 'Stand Ready' To Fight Over Scientific Study Rule

    A coalition of 15 states, the District of Columbia and others threatened to sue the Environmental Protection Agency over a proposed rule requiring disclosure of the scientific study data behind regulations, saying Friday the coalition will go to court if the agency proceeds with “this misguided effort.”

  • August 17, 2018

    Setbacks Shake Up Fla.'s Medical Marijuana Rollout

    A series of recent court losses and the resignation of the state's medical marijuana chief threatens to upend Florida's efforts for gradual, carefully controlled legalization of the drug and has raised a multitude of questions about how one of the nation's potentially largest markets will take shape.

  • August 17, 2018

    PG&E Fire Liability Has Calif. Considering Ch. 11 Alternative

    As wildfires again ravage swaths of California forests in what has become a deadly summer ritual, the threat of a Pacific Gas and Electric Co. bankruptcy looms over state lawmakers who are hastily debating how to apportion liability for billions of dollars' worth of damage stemming from last year's infernos.

  • August 17, 2018

    7th Circ. Won't Give Smart Meter Privacy Suit A Second Shot

    The Seventh Circuit on Thursday refused to revive a lawsuit accusing the city of Naperville, Illinois, of violating its residents’ Fourth Amendment rights by requiring the use of electrical meters that record data about usage, saying the government’s use of the data isn’t an unreasonable search.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • As IRS Eases Reporting, States Target Dark Money Reforms

    Amber Maltbie

    At the same time that the IRS is making it easier for nonprofits to shield their donors from inadvertent disclosure by eliminating a reporting requirement on annual tax filings, some states, such as Maine and Montana, continue to trend toward greater disclosure of donors to politically active nonprofits. It is thus imperative that nonprofits are cognizant of the complex and inconsistent rules among federal, state and local jurisdictions, say attorneys at Nossaman.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Tax Enforcers Unite Against International Tax Crime

    Kyle Womboldt

    In light of the launch of the Joint Chiefs of Global Tax Enforcement alliance against transnational tax crime and money laundering, it is more important than ever for corporations and professional services firms to carefully manage their exposure to higher risk clients and business activity, say Kyle Wombolt and Jeremy Birch of Herbert Smith Freehills LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Internet Of Things Cos. Must Prepare For Law Enforcement

    Matthew Gardner

    As the internet of things device market develops, companies that proactively develop compliance strategies should be able to avoid many of the pitfalls that are sure to come as law enforcement changes the way it investigates cases, say attorneys at Wiley Rein LLP.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • A Close Look At IRS Proposed Pass-Through Deduction Rules

    Stephen Looney

    Last week, the IRS proposed regulations under Internal Revenue Code Section 199A, providing guidance on the new deduction available to pass-through entities and sole proprietorships. Mostly taxpayer friendly, the lengthy proposed regs are likely to undergo some changes before becoming finalized, say Stephen Looney and Edward Waters of Dean Mead Egerton Bloodworth Capouano & Bozarth PA.

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.

  • Alternative Trading Systems Face New Regulatory Burdens

    Julian Rainero

    The U.S. Securities and Exchange Commission last month approved rule changes that would impose extensive new transparency requirements on alternative trading systems that effect transactions in National Market System stocks. Julian Rainero and William Barbera of Schulte Roth & Zabel LLP break down the new disclosure requirements and highlight areas that may prove particularly burdensome.