• June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    Advocacy Group Says Trump's OK Not Needed For Returns

    The Electronic Privacy Information Center has struck back at IRS contentions that the advocacy group needs President Donald Trump’s consent for his tax returns to be released, instead telling a D.C. federal judge that its request invokes a different section of law to “correct a misstatement of fact,” regardless of taxpayer consent.

  • June 27, 2017

    Chicago-Area Retailers Sue Over Penny-An-Ounce Soda Tax

    A group of Chicago-area store owners filed a lawsuit Tuesday in Cook County Court seeking to halt the enactment of a penny-an-ounce county tax on soda pop, arguing it will negatively impact their sales.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    DOJ Says Challenge To Trump’s 2-For-1 Order Is Premature

    U.S. Department of Justice lawyers representing President Donald Trump said in a court filing Monday that a lawsuit challenging Trump’s executive order to repeal two federal regulations for each new one is premature since it has not yet caused injury to any parties.

  • June 27, 2017

    Tax Cuts In Senate Health Bill Unlikely To Spur Growth

    The billions of dollars in tax cuts in the U.S. Senate's now-delayed first attempt at repealing the Affordable Care Act will likely not spur broader economic growth if enacted, experts say, but they might encourage investors to cash in on stocks and other capital gains.

  • June 27, 2017

    NY Republicans Want To Keep Local Tax Deductions

    Members of the New York state GOP congressional delegation spoke out Tuesday against the Trump administration’s proposed revocation of a century-old federal tax deduction for state and local taxes that they say would create double taxation.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Costco Overcharged NY Taxes On Discounted Items, Suit Says

    A Costco Wholesale Corp. shopper hit the retailer with a putative class action in New York federal court on Monday, claiming it owes tens of millions of dollars for violating Empire State tax laws when it charged consumers sales tax for discounted items based on their full price.

  • June 27, 2017

    Same-Sex Tax Break Needs Marriage Or Civil Union: NJ Court

    Domestic partnerships are not enough for same-sex couples to claim estate tax exemptions in New Jersey, according to rulings that could go to the state’s high court on a question of marriage treatment and a gay couple’s belief that a “civil union” wouldn't cut it.

  • June 27, 2017

    Calif. Cap-And-Trade Fight Still A Live Issue, Foes Say

    California air regulators can't downplay the potentially sweeping changes to state tax law unleashed by an appellate court's endorsement of the state's greenhouse gas cap-and-trade program and the auction of emissions allowances underpinning it, the program's challengers told the California Supreme Court on Monday.

  • June 27, 2017

    No Taxable ‘Control’ In IRA Asset Transfer, 7th Circ. Says

    A Seventh Circuit panel knocked down an IRS appeal from U.S. Tax Court on Monday, agreeing that a taxpayer “was never in actual or constructive receipt” of retirement fund money he tried to use to purchase stock.

  • June 27, 2017

    Wyly Estate, SEC Spar Over Whether Kokesh Ends Claims

    The U.S. Securities and Exchange Commission and the estate of late business tycoon Charles Wyly Jr. shot off opposing briefs in the Second Circuit last week over whether the agency’s claims for disgorgement survive Wyly’s death or whether the U.S. Supreme Court’s recent Kokesh ruling puts his estate off the hook.

  • June 27, 2017

    ACA Repeal Vote Delayed As Support Ebbs

    Republican leaders on Tuesday canceled plans to vote this week on legislation to dismantle much of the Affordable Care Act, bowing to diminished support after a damaging government report on the bill's impact.

  • June 27, 2017

    Tax Code's 'Omnibus Clause' To Face High Court Review

    The U.S. Supreme Court on Tuesday agreed to hear a criminally convicted tax dodger’s challenge to the Internal Revenue Code’s “omnibus clause,” which makes obstruction of the code’s enforcement a criminal offense.

  • June 26, 2017

    Puerto Rico Defends Methods To Resolve Bond Conflict

    The government of Puerto Rico and its federally appointed oversight board is defending a proposal to appoint independent agents to resolve competing claims over the territory’s sales tax revenues, saying in a Saturday court filing that objecting groups of creditors overlook the board’s neutrality and legal authority.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

Expert Analysis

  • Stability For Calif. Cap-And-Trade Program, For Now

    Robert Hines

    Thanks to a California appellate court's recent decision in California Chamber of Commerce v. State Air Resources Board, the future of California’s cap-and-trade program looks a little brighter. The opinion provides at least temporary stability to a key portion of the California Global Warming Solutions Act of 2006, say Robert Hines and Ashley Breakfield of Farella Braun & Martel LLP.

  • The Good, The Bad And The Ugly Of The AHCA

    Dennis Alessi

    Much of the mass media coverage of the American Health Care Act recently passed by the U.S. House of Representatives has focused on the same few aspects of the bill. Dennis Alessi of Mandelbaum Salsburg PC discusses several provisions that have not been reported as widely — but which are of significant importance — and the expected impact of the bill.

  • How The Byrd Rule Slowed Down GOP Health Care Reform

    Darryl Nirenberg

    While Republican leadership succeeded in securing 217 votes on Thursday to pass health care reform legislation in the House, standing in their way this past month has been a formidable obstacle: a rule devised by the late Sen. Robert C. Byrd as a feature of the budget reconciliation process, say attorneys with Steptoe & Johnson LLP.

  • An Uncertain Future For US-Chile Tax Treaty — Especially Now

    Eugenia Mize

    Though the future of the bilateral income tax treaty between the United States and Chile remains in limbo largely due to Sen. Rand Paul’s objections, another issue taking time and attention away from ratifying such treaties is the debate in the U.S. over comprehensive tax reform, say Brandon Roman and Eugenia Mize of Squire Patton Boggs LLP.

  • High Court Establishes New Theory Of Municipal Standing

    Philip Stein

    The U.S. Supreme Court's opinion Monday in Bank of America v. City of Miami conceivably established a right for cities to prospectively sue lenders, builders, developers and others in the industry. That power is — at least potentially — enormous, say Philip Stein and James Ward of Bilzin Sumberg Baena Price & Axelrod LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • The Current State Of Renewable Energy Disputes: Part 3

    Justin Tschoepe

    In part 3 of this series, Justin Tschoepe and William Wood of Norton Rose Fulbright discuss disputes brought on behalf of the U.S. government under the federal False Claims Act and suits against foreign sovereigns related to the scaling back of state benefits for renewable energy companies.

  • How Recent Actions Could Limit IRS Regulatory Authority

    Cameron Arterton

    Several recent developments in all three branches of the federal government suggest that there may be a significant curtailing of regulatory authority. While tax guidance is unlikely to be the primary target, this broad push for regulatory reform could nonetheless have a significant impact on IRS regulations, say attorneys with Steptoe & Johnson LLP.

  • The Current State Of Renewable Energy Disputes: Part 2

    Justin Tschoepe

    A wide variety of disputes has arisen relating to state laws and local municipal ordinances as they apply to the building and operation of renewable energy projects and the provision of renewable energy. Part 2 of this series summarizes some of the most common types of disputes in the renewable energy industry involving these state and local issues, say Justin Tschoepe and William Wood of Norton Rose Fulbright.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.