Public Policy

Expert Analysis

• The Wayfair Brief: What You Should Know

  

  Alston & Bird LLP submitted an amicus brief on behalf of Americans for Tax Reform in South Dakota v. Wayfair. Two of the firm's attorneys, Clark Calhoun and Andrew Yates, analyze the fine points of the U.S. Supreme Court's majority and dissenting opinions in this case and offer recommendations for states and online retailers going forward.

• High Court Kills Quill, But What's Left?

  

  While much attention will be paid to the decision in South Dakota v. Wayfair, the questions that the U.S. Supreme Court has left for another day are just as important, say attorneys at Morrison & Foerster LLP.

• New Steel Measures Are A Test For ITC Sunset Reviews

  

  The U.S. government regularly conducts “sunset reviews” to determine whether an existing anti-dumping or countervailing duty order should be revoked. The agency that reviews these orders tends to lean heavily in favor of keeping the duties — but the recently imposed steel tariffs make continuation of these other trade remedies harder to justify, says Jay Campbell of White & Case LLP.

• Energy Storage: Are We There Yet?

  

  2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

• Tax Relief Under Tax Cuts And Jobs Act? Not For Debtors

  

  The Tax Cuts and Jobs Act has been lauded as being generally beneficial to corporate taxpayers — but not so for corporate debtors, whose ability to reorganize and emerge under a Chapter 11 plan has been significantly and negatively impacted by the change, say Scott Grossman and Kenneth Zuckerbrot of Greenberg Traurig LLP.

• Roundup

  FLSA Turns 80

  

  Originally signed by President Franklin D. Roosevelt on June 25, 1938, the Fair Labor Standards Act turns 80 this year. Here, attorneys most familiar with the statute provide different perspectives on the law’s impact and development over the course of its history.

• Real Estate Investors, Quintuple Your Deductions Under TCJA

  

  Tax reform, and specifically Internal Revenue Code Section 199A, has created new planning opportunities for real estate investors and brokers. Although the provision is quite complex, there are huge potential savings available to commercial real estate investors, says Steve Moskowitz of Moskowitz LLP.

• Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

  

  Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

• What New FWS Take Guidance Means For Permit Applicants

  

  New guidance from the U.S. Fish and Wildlife Service clarifies when habitat modification triggers an incidental take permit, who decides whether a permit is needed and who takes the risk, creating significant implications for private project proponents considering whether to seek an incidental take permit and prepare a habitat conservation plan, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

• English-Only Rules In Today’s Multicultural Workplace

  

  Several recent events — including a lawsuit against grocery chain Albertsons filed by the U.S. Equal Employment Opportunity Commission — highlight that many employers may not be well-acquainted with the nuances of the law regarding English-only rules, despite the high potential for such sensitive issues to create problems, says Alex Lee of Einhorn Harris Ascher Barbarito & Frost PC.