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Public Policy

  • November 15, 2018

    DOJ Heightens Govt Fraud Focus, Adds Merger Review Clarity

    The U.S. Department of Justice will sharpen its focus on bringing competition cases in which the government itself has been defrauded by bid-rigging and similar conduct, DOJ Antitrust Division head Makan Delrahim said in a speech Thursday, adding that the agency would seek triple damages when defendants refuse to settle.

  • November 15, 2018

    Senate Dems Push AG Whitaker Oversight, Mueller Protection

    President Donald Trump's appointment of acting Attorney General Matt Whitaker faced increasing bipartisan headwinds Thursday, as Senate Judiciary Committee Democrats sought to haul him in for a hearing and a bipartisan group of senators threatened to choke off judicial confirmations over a bill to protect Special Counsel Robert Mueller.

  • November 15, 2018

    FERC Nominee Ducks Recusal Calls Over Trump Coal Bailout

    Federal Energy Regulatory Commission nominee Bernard McNamee on Thursday resisted U.S. senators' calls to recuse himself from future electricity grid resiliency issues faced by the regulator, even though he helped craft a Trump administration plan to prop up coal and nuclear power plants that FERC rejected.

  • November 15, 2018

    Dems Query Top 4 Mobile Carriers Over Throttling Concerns

    Three Democratic U.S. senators sent letters to AT&T, Verizon, Sprint and T-Mobile on Thursday asking if the companies had slowed down certain services on their networks after a study showed that each of the mobile carriers had stifled at least one video streaming service.

  • November 15, 2018

    Trump Pick To Head ICE Promises To Communicate Mission

    President Donald Trump’s pick to head U.S. Immigration and Customs Enforcement pledged Thursday before the U.S. Senate Homeland Security Committee that he would work to improve how the agency communicates its mission to all sides on the divisive topic of immigration, while continuing to ensure that the nation’s immigration laws are enforced within the country's interior.

  • November 15, 2018

    Republican Groups Attack SEC Pay-For-Play Rule In DC Circ.

    The U.S. Securities and Exchange Commission overstepped its authority by trying to stop regulated agents who make political donations from later soliciting the recipient's agency for investment advisory business, two Republican state parties told the D.C. Circuit on Thursday.

  • November 15, 2018

    Commissioners Cite Work Crew Scraps As Network Roadblocks

    Government and industry players must remedy a lack of coordination between utility and telecom work crews, FCC Commissioners Brendan Carr and Michael O’Rielly suggested Thursday after the agency's monthly open meeting, citing conflicting priorities as a major reason residents are forced to do without connectivity after natural disasters like Hurricane Michael.

  • November 15, 2018

    FCC Applauds Step Toward Stemming Spoofed Calls

    The Federal Communications Commission on Thursday praised steps taken by the Alliance for Telecommunications Industry Solutions to get a system in place to prevent robocallers from pestering consumers with calls from spoofed numbers.

  • November 15, 2018

    House Dems Float Bill To Protect Native American Voting

    Democrats in the U.S. House of Representatives introduced a bill Wednesday to shield Native American voting rights, after a midterm election season that saw litigation over a North Dakota voter ID law opponents said targeted tribal voters living on reservations.

  • November 15, 2018

    Perkins Coie Adds Gov’t Contracts Atty From Cooley

    Perkins Coie LLP has snagged a veteran government contracts litigator from Cooley LLP who has aided a contractor battling to preserve a $49 million military staff support contract amid a flurry of bid protests, as a partner for its Washington D.C. office.

  • November 15, 2018

    Ill. Senate Overrides Veto Of Car-Sharing Tax Protection

    The Illinois Senate has voted to override vetoed legislation that protected car-sharing services from the same tax and regulatory rules that apply to traditional car rental companies.

  • November 15, 2018

    FCC Tees Up New GPS Signals And Space Debris Rules

    The Federal Communications Commission took steps Thursday to update a lineup of satellite-related regulations, including an inquiry into the proliferation of orbital debris and a vote to allow American devices to begin receiving signals from the European global positioning system Galileo, with the lone Democratic commissioner saying the move brings up security concerns.

  • November 15, 2018

    Koch Groups Push For 'Dreamer' Protections In Spending Bill

    Advocacy groups backed by the conservative Koch brothers have urged bipartisan lawmakers to prioritize Deferred Action for Childhood Arrivals recipients in a spending bill for the 2019 fiscal year that also proposes funding for border security.

  • November 15, 2018

    Sen. Lee Slams Dems On Kavanaugh At Federalist Gathering

    Sen. Mike Lee, R-Utah, kicked off the Federalist Society’s annual lawyers convention Thursday by lambasting Democrats’ opposition to Justice Brett Kavanaugh as retribution “for Merrick Garland’s nomination,” while also characterizing the dysfunction in Washington as an opportunity for local and state governments to pick up the slack.

  • November 15, 2018

    FCC Must Help Tribes With Spectrum Access, GAO Says

    More than a third of people living on Native American lands lack high-speed internet service, a figure that nearly doubles on rural tribal lands, and the Federal Communications Commission should take steps to increase spectrum access on these lands to fill that gap, the Government Accountability Office said Wednesday.

  • November 15, 2018

    Local NY Officials Can't Detain Immigrants On ICE Warrants

    In a win that is likely to have statewide effect on "sanctuary" laws, a state appeals court in Brooklyn held Wednesday that New York state and local law enforcement officers may not detain individuals suspected of not having legal immigration status on the request of U.S. Immigration and Customs Enforcement.

  • November 15, 2018

    CNN-Trump Ruling Pushed Back To Friday

    The D.C. federal judge overseeing CNN's lawsuit against the Trump administration said Thursday that he would postpone until Friday morning an anticipated ruling that could force the White House to immediately restore reporter Jim Acosta's press pass.

  • November 15, 2018

    NJ Agrees To Recognize Tribe, Pay $2.4M To End Court Battle

    New Jersey will affirm its prior recognition of the Nanticoke Lenni-Lenape Tribal Nation as a state-recognized tribe under a $2.4 million settlement over claims that state officials wrongfully repudiated that status and thus caused the tribe to lose federal benefits, the parties announced Thursday.

  • November 15, 2018

    US State Dept. Adds 16 Hotels To Cuba Restricted List

    The U.S. Department of State announced Wednesday that it is adding 16 hotels to its “restricted list” of subentities under Cuban control, saying it added the names as part of the Trump administration’s efforts to prevent funds from reaching the Caribbean nation’s military, intelligence and security services.

  • November 15, 2018

    FDA Seeks Ban On Menthol Cigarettes, Limits On E-Cig Sales

    The U.S. Food and Drug Administration on Thursday proposed a ban on menthol cigarettes and flavored cigars, along with new restrictions on sales of flavored e-cigarettes, in an effort to prevent youth access.

Expert Analysis

  • Opinion

    Concerns About CFPB Trial Disclosure Policy Are Misplaced

    Eric Mogilnicki

    Opposition to the Consumer Financial Protection Bureau's newly proposed trial disclosure policy appears rooted in a wholly appropriate concern, but the relevant statute and empirical evidence indicate that consumers would benefit from the policy, say Eric Mogilnicki and Michael Nonaka of Covington & Burling LLP.

  • Why Midterms Will Have Little Effect On Audit Regulation

    Robert Cox

    The 2018 midterm elections will cause big shake-ups in the House Financial Services Committee and the Senate Banking Housing and Urban Affairs Committee. However, new audit regulations will likely be driven by the Public Company Accounting Oversight Board and not by Congress, says Robert Cox of Briglia Hundley PC.

  • Aviation Watch: Wheels Up For FAA Reauthorization

    Alan Hoffman

    It’s impressive, in the current atmosphere of division and gridlock, that Congress managed to hammer out a five-year Federal Aviation Administration reauthorization bill, covering a wide range of important and often contentious matters, says Alan Hoffman, a retired attorney and private pilot.

  • Opinion

    9th Circ. Shouldn't Have Halted Rescission Of DACA

    Steven Gordon

    Both analyses offered by the Ninth Circuit in Regents of the University of California v. U.S. Department of Homeland Security — upholding the Deferred Action for Childhood Arrivals program — are flawed. The rescission of DACA, while politically controversial, is lawful, says Steven Gordon of Holland & Knight LLP.

  • Planning For The UK Nuclear Industry Beyond Brexit

    Ian Truman

    The government of the United Kingdom recently issued its proposal for nuclear trade and collaboration with the European Union after Brexit. But future arrangements for the supply of nuclear fuel may not be finalized until after the U.K. leaves the EU, says Ian Truman of Burges Salmon LLP.

  • Speedier Enviro Reviews For Transpo Projects May Be Ahead

    Samina Bharmal

    The U.S. Department of Transportation recently issued a rule that could create a faster, less duplicative environmental review process for transportation infrastructure projects. Samina Bharmal and Peter Whitfield of Sidley Austin LLP provide insight into its key features.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

    Stephen Marino

    Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.