Public Policy

Expert Analysis

• 2 More Strikes Against The Travel Ban

  

  President Donald Trump’s most recent attempt to implement a travel ban by executive order has now been enjoined from implementation by two separate district courts in Hawaii and Maryland. However, the courts relied on very different grounds as the basis for their rulings, which could hurt the plaintiffs when, as is likely, the cases are reviewed by the U.S. Supreme Court, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

• How Arbitrators Maintain Proportionality In Discovery

  

  There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

• Revisiting The $50B Threshold For Stricter Bank Regs

  

  If the Dodd-Frank Act’s $50 billion asset threshold that triggers enhanced prudential standards for banks is revised, the federal banking agencies separately may feel compelled to revisit a range of other regulations and guidance that have used the $50 billion asset line, say attorneys with Debevoise & Plimpton LLP.

• The Revolution Of Employer-Sponsored Health Insurance

  

  Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

• The Law Firm CFO’s Role In The Strategic Planning Process

  

  Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

• 6 Possible Iran Deal Scenarios

  

  Last week, President Donald Trump refused to certify Iran’s compliance with the Joint Comprehensive Plan of Action. This does not mean that the United States is abandoning the JCPOA, but it opens the door to a variety of possible outcomes, depending on what Congress and the White House do next, say attorneys with Husch Blackwell LLP.

• Electric Vehicle Safety Regs: A Global Comparison

  

  Several recent developments will generate sustaining momentum for the electric vehicle industry, and the world’s leading automotive jurisdictions have been developing safety regulations for more than a decade. However, a cross-jurisdictional comparison reveals diverging regulatory philosophies and significant gaps, says Anurag Maheshwary, an attorney at the U.S. Department of Justice.

• Addressing Pay Equity In The US And Around The World

  

  Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

• SEC's Disclosure Proposal Is A Step In The Right Direction

  

  Recently proposed changes to the U.S. Securities and Exchange Commission’s disclosure requirements could signal a trend to emphasize quality over quantity and principles-based rather than prescriptive rules, which would benefit U.S. public companies and investors alike, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

• Law Firms Must Transition To An Industry Sector Approach

  

  Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.