Public Policy

  • October 19, 2020

    Supreme Court Upholds Pa.'s 3-Day Mail-In Ballot Extention

    The U.S. Supreme Court on Monday upheld Pennsylvania's deadline extension for mail-in ballots for the upcoming election, rejecting state Republicans' qualms with the measure, which added three days for ballots to be received as long as they are mailed by 8 p.m. on Election Day in the key battleground state.

  • October 19, 2020

    Chamber, Universities Challenge 'Assault' On H-1B Visas

    The U.S. Chamber of Commerce, Stanford University, and other business groups and schools filed two lawsuits Monday to strike down the Trump administration's work visa restrictions, claiming the policies pull the rug out from underneath foreign workers and their employers.

  • October 19, 2020

    Fidelity Blasted At Trial For 'Blindly Dumping' Donated Shares

    Fidelity Investments' charitable giving arm made false promises to philanthropists to secure their donation of stock and then exhibited "gross incompetence" by "blindly dumping" the shares, a California federal magistrate judge heard Monday during opening arguments in a closely watched bench trial over who controls gifts made to donor-advised funds.

  • October 19, 2020

    High Court Won't Review Case Involving 1946 Lynching Docs

    The U.S. Supreme Court on Monday denied a petition to review a case regarding access to grand jury transcripts related to the lynching of four African Americans in Georgia in 1946.

  • October 19, 2020

    FinCEN Urges Vigilance On Human Trafficking Amid COVID-19

    The Financial Crimes Enforcement Network has issued new guidance gleaned from data collected over the past six years to help financial institutions alert authorities to potential human trafficking, noting that COVID-19 has only exacerbated the risks.

  • October 19, 2020

    Tribes Say Dakota Access Pipeline Must Halt For NEPA Review

    Four Native American tribes have urged a D.C. federal judge to shut down the Dakota Access pipeline during a court-ordered environmental review, saying the judge can either clarify an earlier ruling or issue a permanent injunction to do so.

  • October 19, 2020

    CDC Tightens Guidance For Masks On Planes, Public Transit

    The U.S. Centers for Disease Control and Prevention on Monday strongly recommended that passengers and workers wear face masks on airplanes, trains, subways, buses and other modes of transportation in newly released guidance intended to curb the spread of COVID-19.

  • October 19, 2020

    Justices Take 4th Amendment Case, Slam Vt. Privacy Ruling

    The U.S. Supreme Court agreed on Monday to consider if the Fourth Amendment's warrant mandate applies to police pursuits in misdemeanor cases, while three justices ripped Vermont's Supreme Court for approving a "meandering" search outside the home of someone suspected of illegally hunting deer.

  • October 19, 2020

    Montana Judge Sets Aside Acting Land Bureau Head's Acts

    Land management plans approved by William Perry Pendley while he unlawfully served as the acting director of the U.S. Bureau of Land Management were vacated on Friday by a Montana federal judge who sided with the state's governor on the question.

  • October 19, 2020

    Trump Tells DC Circ. TikTok Ruling Undermines His Authority

    The Trump administration has told the D.C. Circuit that a trial judge's order temporarily blocking the government from banning new downloads of video-sharing app TikTok from U.S. app stores erroneously second-guessed President Donald Trump's "sensitive national security judgments" and his assessment that personal data of Americans was being collected by the Chinese government.

  • October 19, 2020

    Lawyer Asks Court To Block Pa. Bar's Anti-Bias Rule

    A Philadelphia lawyer asked a Pennsylvania federal court on Friday to block an anti-bias rule for state lawyers from going into effect, just hours after the state ethics board said his suit challenging the rule was "based on prolific speculation" and moved to have it axed.

  • October 19, 2020

    NJ AG Sues Feds For Proof Of Affordable Housing, Crime Link

    The New Jersey attorney general's office on Monday slammed the Trump administration with a federal lawsuit over its failure to provide records in response to Freedom of Information Act requests for information backing up the president's "unfounded" claims that affordable housing leads to more crime.

  • October 19, 2020

    EU Presses UK To Move On Irish Border VAT, Customs Checks

    European Union leaders urged the U.K. on Monday to set up a means for conducting customs and value-added-tax checks at Britain's border with Ireland before Jan. 1 if talks fail to produce a post-Brexit free trade deal.

  • October 19, 2020

    No Big Payday For Home Health Aides Despite Wage Rule

    The take-home pay of in-home health care workers has only inched upward in the four years since the Labor Department extended federal minimum wage and overtime protections to the industry, the U.S. Government Accountability Office said Monday.

  • October 19, 2020

    5th Circ. OKs Texas Mail-in Ballot Signature Checks

    A Fifth Circuit panel on Monday stayed a Texas federal judge's order calling for an overhaul of the state's voter signature verification process for mail-in ballots, ruling that the "well-intentioned but sweeping" order wrongly held the process imposes a severe burden on the right to vote.

  • October 19, 2020

    Mich. Residents Granted Class Status In Tax Foreclosure Row

    A U.S. district judge certified a class of property owners challenging Michigan counties' practices of auctioning tax debtors' property and keeping the excess proceeds.

  • October 19, 2020

    Trump Elevates Former Pence Counsel To Lead Claims Court

    President Donald Trump appointed Judge Eleni Roumel to chief judge of the U.S. Court of Federal Claims on Monday, just nine months after her confirmation to the court.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    Biden-Trump Contest Has Fate Of Green Regs At Stake

    The 2020 presidential election will determine whether the country gets four more years of environmental deregulation or a concerted effort to tighten existing pollution controls and be part of global efforts to curb climate change.

  • October 19, 2020

    Fla. Justices Decline Review Of Airbnb's County Tax Win

    Florida's Supreme Court declined Monday to review a lower court's ruling that Airbnb and other online vacation rental platforms weren't required to collect and remit county taxes on short-term rental bookings.

Expert Analysis

  • Opinion

    DOL's New H-1B Wage Rules Disregard Congressional Intent

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    New U.S. Department of Labor rules raise the level of education required to receive an H-1B worker visa, despite a contrary provision in the immigration statute, and creating artificially high entry-level wages that will price out statutorily qualified individuals, says Jeffrey Gorsky at Berry Appleman.

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Kentucky Tax Talk: What Appeals Board Reinstatement Means

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    While local customs and precedent set by the Kentucky Board of Tax Appeals prior to 2016 will likely be back upon the board's pending reinstatement, taxpayers and practitioners should be aware of several important practice and structural changes, say attorneys at Frost Brown.

  • How A Biden Administration Would Shape IP Policy

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    While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

  • Environmental Policy And The Election: Part 1

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    Attorneys at Akin Gump outline both presidential candidates' key environmental and energy policy goals, and identify recent Trump administration environmental rules that may be invalidated through the Congressional Review Act if Democrats win control of both the House and Senate.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • A 1st Look At New EU Screening Of Foreign Direct Investment

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    While the European Commission now has a foreign direct investment regulation — and has attempted to explain it — key questions remain regarding how it will function in practice and how future national security and public interest reviews will be approached, say attorneys at Kirkland & Ellis.

  • IRS Real Estate Push Should Wake Up Foreign Investors

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    Two recently announced Internal Revenue Service audit campaigns targeting nonresident alien investment in U.S. real estate should prompt foreign investors to prepare for greater scrutiny as the agency works to improve tax compliance around such transactions, say attorneys at Holland & Knight.

  • NY Tax Talk: Trump Tax Returns, Revenue Rebound, Reform

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    In the latest New York tax news update, Craig Reilly at Hodgson Russ discusses President Donald Trump's ongoing tax return disclosure battle, a rebound in the state's post-COVID-19 revenue decline, noteworthy tax appeals cases involving Disney and Mars, and recent guidance on corporate tax reform.

  • Facing Policy Shifts, Oil And Gas Cos. Need Depreciation Help

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    As cost and policy considerations accelerate the shift away from oil and gas, legacy energy companies need the Federal Energy Regulatory Commission to reevaluate depreciation schedules for assets such as pipelines and gas-fired power plants, say attorneys at Sheppard Mullin.

  • High Court Faces Preemption Dilemma In Drug Benefits Case

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    The recent U.S. Supreme Court oral argument in Rutledge v. Pharmaceutical Care Management Association highlighted important questions raised by the case concerning federal preemption of state laws on health plans and pharmaceutial benefits — but the court's past application of such preemption has been hard to reconcile, says Andrew Struve at Hooper Lundy.

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • NY Employers Must Prepare For New COVID-19 Closures

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    Following new business closure requirements targeting areas of New York with clusters of COVID-19 cases, employers should continually monitor the varying levels of restrictions, prepare communications to affected employees, and review workers’ potential leave entitlements, say Leni Battaglia and Daniel Kadish at Morgan Lewis.

  • FCC Radio Spectrum Reallocation Could Impair Vehicle Safety

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    A proposed Federal Communications Commission rule change would allocate radio spectrum currently reserved for vehicle signals to the cable industry, which could negatively impact car safety applications due to interference with vehicle communications, say Gretchen Stoeltje and Greg Winfree at the Texas A&M Transportation Institute.

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