Public Policy

  • June 02, 2020

    US Looking Into Tariffs Against India, EU Over Digital Taxes

    The U.S. Trade Representative's Office announced Tuesday it was initiating investigations into India and other countries, as well as the European Union, that have enacted or are considering special taxes on digital companies, opening the door for potential retaliatory tariffs.

  • June 01, 2020

    Hollywood Orgs Send Back-To-Work Proposals To Calif., NY

    A group of entertainment industry organizations and companies sent a proposal on Monday to the governors of California and New York setting forth guidelines for how to safely get motion picture productions up and running again amid the ongoing COVID-19 pandemic.

  • June 01, 2020

    NLRB Says Judge Was Wrong To Stymie Union Election Rule

    The National Labor Relations Board said Monday that it will challenge a Washington, D.C., federal judge's recent order blocking parts of a rule that slows down the union representation election process while immediately implementing portions of the regulation that were untouched by the order.

  • June 01, 2020

    Judge Defends Refusal To 'Rubber Stamp' DOJ's Flynn Move

    A D.C. federal judge on Monday defended his decision to probe the government's abrupt request to abandon former national security adviser Michael Flynn's criminal case, telling the D.C. Circuit he has appropriately decided to seek outside input and isn't bound by any court rule or judicial precedent "to serve as a mere rubber stamp."

  • June 01, 2020

    EPA Finalizes Ethylene Oxide Reduction To Lower Cancer Risk

    The U.S. Environmental Protection Agency on Monday reduced how much of the carcinogenic chemical ethylene oxide that some chemical manufacturers can release, targeting a pollutant that has increasingly been the subject of lawsuits.

  • June 01, 2020

    Justices Reject Democratic Donors' Pro-Clinton Bias Case

    The U.S. Supreme Court on Monday refused to consider reviving a suit by Democratic donors alleging the Democratic National Committee and its then-head, Florida Congresswoman Debbie Wasserman Schultz, rigged the 2016 presidential primary contest in favor of Hillary Clinton.

  • June 01, 2020

    OCC Head Says Prolonged Lockdowns Risking Banks' Health

    Extended stay-at-home orders are risking the stability of the financial system, the newly appointed head of the OCC told mayors in a Monday letter, highlighting compounding risks as the COVID-19 pandemic and recent civil unrest exacerbate economic uncertainty.

  • June 01, 2020

    Feds Say Visa Seekers Unharmed By Trump Insurance Policy

    The Trump administration moved to toss a class action challenge to a proclamation targeting uninsured green card seekers, telling an Oregon federal judge that the visa applicants don't have upcoming consular interviews and it was unlikely the policy would imminently affect them.

  • June 01, 2020

    DOI Says ND Has Mineral Rights Under River On Tribal Land

    The U.S. Department of the Interior's chief attorney has killed part of an Obama-era decision by his predecessor backing tribal claims against North Dakota to mineral rights, saying the state legally owns submerged lands beneath the Missouri River where it flows through a tribe's reservation.

  • June 01, 2020

    JPMorgan Seeks To Halt MDL Push Over Virus Relief Loans

    JPMorgan Chase Bank NA has urged a federal judicial panel not to create multidistrict litigation for an array of lawsuits it's facing over its participation in a federal coronavirus relief loan program for small businesses, arguing that the cases are "a jigsaw puzzle of unmatched pieces."  

  • June 01, 2020

    FCC Announces Aggressive Timeline For C-Band Clearing

    A group of satellite operators in the C-Band have agreed on a timeline for converting their spectrum for 5G, FCC Chairman Ajit Pai announced Monday, meaning the five companies plan to vacate a chunk of the airwaves they currently hold by December 2021.

  • June 01, 2020

    5th Circ. Told Texas Power Grid Law Is Unconstitutional

    A new Texas law that only allows incumbent transmission companies to build new power lines is an example of "blatant discrimination by statute" and should be struck down as unconstitutional, an attorney for a NextEra Energy Inc. unit told the Fifth Circuit on Monday.

  • June 01, 2020

    Texas Bar Escapes 1st Amendment Suit Over Mandatory Dues

    A Texas federal judge has tossed a lawsuit by three lawyers who objected to paying dues to the state's bar association, the latest case where attorneys are challenging the requirement on First Amendment grounds.

  • June 01, 2020

    Delta In 'Full Compliance' With CARES Act, CEO Tells Warren

    Delta Air Lines' CEO Ed Bastian fired back at Sen. Elizabeth Warren, D-Mass., and other lawmakers who criticized the airline last month for cutting employee hours while accepting billions in government COVID-19 aid, stating in a letter that the airline is complying with the rules and that the funding, while welcome, wasn't "nearly enough" to cover the full financial toll of the virus.

  • June 01, 2020

    Tax Court To Hold Trials Remotely During Fall Session

    The U.S. Tax Court said it will conduct remote proceedings during its fall trial calendar session because of the novel coronavirus pandemic and will allow the public to listen to the sessions.

  • June 01, 2020

    FCC Eases Rules For Providing Subsidized Tribal Broadband

    The Federal Communications Commission in an order Monday made it easier for low-income consumers living on rural tribal lands to obtain discounts on broadband internet and phone services during the coronavirus pandemic.

  • June 01, 2020

    Chinese Delivery Firm Preps $264M IPO Amid U.S.-China Spat

    Chinese online delivery platform Dada Nexus Ltd. on Monday set a price range on an estimated $264 million initial public offering, undeterred by U.S. efforts to increase scrutiny of Chinese-based public companies amid escalating tension between the two countries.

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    High Court Torture Ruling Unlikely To Spur 'Sea Change'

    Justice Clarence Thomas warned that the U.S. Supreme Court's ruling Monday expanding immigrants' access to the courts will usher in a "sea change in immigration law," but attorneys say that fears of an expansive reach are likely overblown.

  • June 01, 2020

    Immigrants Say USCIS Could Revive Axed Juvenile Policy

    Young immigrants who won a temporary court order barring a federal policy mandating family reunification in their path to permanent residency countered the government's bid to thwart their lawsuit as moot, arguing the agency could revive the rule.

  • June 01, 2020

    Ex-Public Defender Confirmed To Federal Bench In Florida

    The Senate on Monday easily confirmed a state appellate judge to join the federal bench in the Middle District of Florida, approving one of the few former public defenders to be nominated by President Donald Trump.

  • June 01, 2020

    3 Ways State Audits Are Adapting To The COVID-19 Pandemic

    As the COVID-19 pandemic sweeps the world, state tax agencies continue to find ways to perform audits, through remote operations, added flexibility and other means. Here's how state agencies are adapting.

  • June 01, 2020

    Mass. Gov. Like King George III In Virus Response, Suit Claims

    Massachusetts Gov. Charlie Baker overstepped his authority when he shut down businesses across the state during the COVID-19 pandemic, according to a suit filed Monday that compares him to King George III.

  • June 01, 2020

    FCC Commish Warns China Could Dominate Space Tech

    A Democratic commissioner at the Federal Communications Commission warned in a speech Thursday that the U.S. could repeat missteps it made in the wireless equipment market if it fails to get ahead of China in satellite broadband technology.

  • June 01, 2020

    IRS Rules Would Open Doors For Carbon Capture Projects

    Proposed IRS rules on the carbon capture tax credit would allow another avenue for businesses to prove they meet the credit's requirements for enhanced oil recovery projects, which would provide flexibility for projects without jettisoning monitoring, reporting and verification standards.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • NOL Carryback Rule Changes Bring Benefits For M&A Parties

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    New federal tax rules in the CARES Act, allowing the use of net operating loss carrybacks, bring previously unavailable tax benefits and negotiation opportunities for parties to mergers and acquisitions, say attorneys at Polsinelli.

  • Opinion

    It's Time To Scrap FTC's Health Breach Notification Rule

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    The Federal Trade Commission's notification rule for nonhealth companies that suffer health record data breaches is too narrow, and should be replaced by a federal privacy law that provides uniform and meaningful protections for consumers, says Dena Castricone at DMC Law.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • 4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

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    The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • Adapting To Worker-Friendly City Laws Prompted By Virus

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    COVID-19 has led to municipal legislation focused on scheduling, paid sick leave, anti-retaliation and protections for laid-off workers that businesses must monitor and adapt to as they call back employees and resume customer services, say Julie Trester and Jeremy Glenn at Cozen O'Connor.

  • Perspectives

    Illinois Must Do More To Protect Consumers In Debt

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    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • PPP Loans Create 2 Issues For Virus Biz Interruption Claims

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    Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Incentives And Risks From OTC Drug Monograph Revamp

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    A provision in the CARES Act that overhauls the over-the-counter drug monograph system should be a welcome development for certain drug manufacturers and developers but may also result in increased federal scrutiny and enforcement activity, say attorneys at Ropes & Gray.

  • SBA Guidance On PPP Loan Forgiveness Has Shortcomings

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    The Small Business Administration’s Paycheck Protection Program loan forgiveness application and interim final rule give borrowers the guidance to make critical operational decisions, but also perpetuate ambiguity, complicated calculations and the threat of investigations, says Amal Dave at Arent Fox.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

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    Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

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