Public Policy

  • August 08, 2020

    Stephen Williams, Longtime DC Circ. Judge, Dies of COVID-19

    Senior Judge Stephen F. Williams, a member of the powerful D.C. Circuit for more than 30 years, died Friday of COVID-19 complications at the age of 83, the court's chief executive confirmed to Law360 late Saturday. 

  • August 07, 2020

    Immigration Judges Can't Halt Policy That 'Muzzles' Speech

    A Virginia federal judge on Thursday shot down the National Association of Immigration Judges' request to pause a Trump administration policy that the organization head claims has "muzzled" immigration judges, finding that the matter belongs in administrative court and the NAIJ hasn't shown it'd be irreparably harmed.

  • August 07, 2020

    Trump's US-Made Drug Decree Sows Uncertainty In Industry

    A White House mandate forcing the federal government to buy critical drugs domestically offers flexibility for agencies, but its vague language creates uncertainty for businesses unsure of which drugs will be covered and whether it applies to existing government contracts.

  • August 07, 2020

    Snowden Hit With Discovery Sanction Over Tell-All Book

    Former U.S. intelligence contractor Edward Snowden was sanctioned in Virginia federal court on Friday for his deliberate "wholesale refusal to respond to discovery" related to his memoir released in September, which the court said contained classified information.

  • August 07, 2020

    Broadband Scarcity Looms Over Virtual School Year

    As school districts hammer out plans to hold fall classes partially or fully online, educators and regulators are scrambling to get as many students connected to the internet as possible, highlighting the ongoing connectivity divide that threatens to further disadvantage low-income and rural learners.

  • August 07, 2020

    Nev. Pot Regulators Sign Off On Settlement In License Fight

    Nevada's Cannabis Compliance Board voted Friday to approve a controversial partial settlement in the sweeping litigation over the state's marijuana licensing process over complaints from business owners who see the deal as a continuation of the favoritism alleged in the suit.

  • August 07, 2020

    DOL Gets Over 1,000 Comments On Ethical Investing Rule

    The U.S. Department of Labor's proposal to restrict retirement plan administrators' ability to invest in socially conscious funds received more than 1,000 comments, including several from investment managers who said the agency is meddling with their ability to do their jobs.

  • August 07, 2020

    Creek Nation Rips Okla. AG's 'Toxic' Take On Post-McGirt Plan

    The Muscogee (Creek) Nation on Friday slammed Oklahoma's attorney general for comments on his plan to get federal lawmakers to tackle jurisdiction in the state following the U.S. Supreme Court's recent McGirt decision, saying that doing so was "akin to asking Congress to legalize a toxic waste spill in the ocean, instead of working to clean it up."

  • August 07, 2020

    White House Seeks 2022 Cutoff In China Listings Crackdown

    A White House task force issued policy proposals on Thursday that would give Chinese companies until 2022 to either comply with U.S. audit requirements or get delisted from U.S. exchanges.

  • August 07, 2020

    League Of Women Voters, NAACP File Suits Over Pa. Voting

    The NAACP and the League of Women Voters filed separate state and federal suits in Pennsylvania on Friday challenging the Keystone State to improve how it will conduct the November election in light of the COVID-19 pandemic.

  • August 07, 2020

    HHS' $646M Virus Respirator Deal Faces Mounting Scrutiny

    A House oversight subcommittee is asking the U.S. Department of Health and Human Services watchdog to investigate whether the Trump administration mismanaged and fraudulently negotiated a $646 million ventilator contract with Philips in response to the coronavirus pandemic.

  • August 07, 2020

    Roberts Erased Abortion Cost-Benefit Test, 8th Circ. Rules

    The Eighth Circuit on Friday undid a lower court's invalidation of several anti-abortion laws in Arkansas, finding that Chief Justice John Roberts' pivotal vote in a recent U.S. Supreme Court case requires the lower court to evaluate the laws under a different approach.

  • August 07, 2020

    TikTok Is The Tip Of The Iceberg For CFIUS' Data Concerns

    The daily commotion over TikTok is captivating, but attorneys should be aware of the bigger picture, which includes an aggressive stance from the Committee on Foreign Investment in the United States on personal data and increasingly heightened tensions between the U.S. and China.

  • August 07, 2020

    DOJ Can Now Cut Decades-Old Film Industry Antitrust Rules

    Hollywood has changed so much since its golden age that 70-year-old antitrust rules directing how the country's biggest studios deal with movie theaters are no longer relevant or necessary, a New York federal court decided Friday.

  • August 07, 2020

    1st Circ. Says Citizens Can't Intervene In T-Mobile Fight

    The First Circuit upheld a lower court decision Friday that blocked two local residents of a coastal Massachusetts town from intervening in a case over a T-Mobile antenna installation in a church steeple, ruling that their local government represented the views of the concerned citizens adequately.

  • August 07, 2020

    Feds Issue Update To Mineral Royalty Valuation Policy

    The U.S. Department of the Interior on Friday proposed changing how lease royalties for minerals such as oil and gas on federal lands are calculated, pushing to reduce the burden on industry and reverse Obama-era changes. 

  • August 07, 2020

    DACA Advocates Say New Program Changes Are Unlawful

    A coalition of advocates who fought to resurrect the Deferred Action for Childhood Arrivals program announced plans to update their complaint in response to new changes that they say violate administrative and constitutional law.

  • August 07, 2020

    Full DC Circ. Leaves Border Wall Funding Dispute Unresolved

    In light of a full D.C. Circuit finding that the House can sue to enforce subpoenas, a majority of the court on Friday bounced the House's suit over whether the Trump administration can reallocate border wall funding to a three-judge panel to decide.

  • August 07, 2020

    NJ Gym's Atty Exits Virus Battle Over 'Strategy' Dispute

    A New Jersey gym's attorney pulled out Friday from its high-profile brawl with the state over COVID-19 restrictions after the lawyer said he refused to pursue a certain "litigation strategy" demanded by the business as it faces possibly more than $15,000 in daily sanctions for defying pandemic measures.

  • August 07, 2020

    Red State AGs Lobby For COVID-19 Business Immunity

    Nearly two dozen Republican attorneys general have banded together to urge federal lawmakers to pass a liability shield for businesses in connection with worker and consumer COVID-19 injury suits.

  • August 07, 2020

    Dems Seek Info On Trump's Fast-Tracked Projects

    Nearly 60 Democratic members of Congress have demanded that the Trump administration come clean about which major infrastructure projects have benefited from an executive order to fast-track environmental reviews amid the economic downturn sparked by the COVID-19 pandemic.

  • August 07, 2020

    Coronavirus Q&A: Hogan Lovells' Medical Devices Director

    In this edition of Coronavirus Q&A, a leader of Hogan Lovells' medical devices team discusses school reopenings, client frustrations with a heavily burdened U.S. Food and Drug Administration, and mounting problems with COVID-19 testing volume and turnaround times.

  • August 07, 2020

    Immigrants Denied Asylum Access Can Proceed As Class

    A California federal judge has determined that immigrants who were denied the chance to seek asylum can proceed as a class, finding that the individual circumstances in which they were denied asylum access don't defeat the commonality of their claims.

  • August 07, 2020

    Trump Pick For Central Calif. Court Worth More Than $4M

    A California litigator tapped for a federal court seat by President Donald Trump has reported a net worth of more than $4 million, making him one of the wealthiest judicial nominees up for confirmation in the U.S. Senate.

  • August 07, 2020

    5 Tips For Tailoring Dress Codes To A Post-Bostock World

    The U.S. Supreme Court's blockbuster Bostock decision made clear that outdated views on gender norms can get employers in legal trouble. Here are five tips to help businesses keep their appearance policies on the right side of the law. 

Expert Analysis

  • Unusual TikTok Review Calls CFIUS Processes Into Question

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    The Committee on Foreign Investment in the United States has departed from established processes in its national security investigation of TikTok, with comments from across the Trump administration casting doubt on the interagency committee's confidentiality, apolitical nature and focus, says Paul Marquardt at Cleary.

  • How COVID-19 May Change Long-Term Aviation Outlook

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    Survival is an immediate concern for many airlines facing pandemic-related drops in air travel, which is exerting economic pressure that will fundamentally change the landscape for companies throughout the aviation ecosystem, say Matthew Herman and Amna Arshad at Freshfields Bruckhaus.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • COVID-19 Reveals Tensions In Food Packaging Supply Chain

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    COVID-19 has shone a spotlight on the balance in the food manufacturing and packaging industries between efficiency and the responsibility to meet regulatory standards — and is a reminder that companies that identify alternatives while things go right will benefit greatly when things go wrong, says Daniel Rubenstein at Steptoe & Johnson.

  • How Congress May Bail Out FERC On Tolling Orders

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    The D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission deals a major blow to FERC's use of tolling orders to forestall judicial rehearings, but Congress may soon come to the agency's aid, say Sandra Rizzo and David Skillman at Arnold & Porter.

  • Employer Next Steps After Court Guts DOL Virus Leave Rule

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    Following a New York federal court’s decision Monday to invalidate parts of a U.S. Department of Labor rule limiting who can take paid sick or expanded family COVID-19 leave, employers may need to adjust determinations related to work availability, health care capabilities, intermittent leave and documentation, says Susan Harthill at Morgan Lewis.

  • Opinion

    Congress Should Revisit CARES Act Tax Provisions

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    To bolster the Coronavirus Aid, Relief and Economic Security Act, Congress should consider provisions that accelerate tax refunds for net operating losses and abrogate flawed IRS Paycheck Protection Program guidance that undermines prior stimulus legislation by eliminating loan recipients' tax deductions, says Joseph Mandarino at Smith Gambrell.

  • Climate Change Litigation Looms Over Trump Enviro Overhaul

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    Updated regulations from the White House Council on Environmental Quality likely preclude government agencies from considering climate change in most National Environmental Policy Act analyses, making litigation over the revisions all but certain, say attorneys at King & Spalding.

  • What A Biden Administration Could Mean For Employers

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    Presumptive Democratic presidential nominee Joe Biden’s labor and employment policy initiatives would strengthen unions and increase employer mandates, but some policies could benefit companies by creating broader workforce access and supporting retention of existing workers, says Anthony Oncidi at Proskauer.

  • What UK Insolvency Law Changes Mean For US Finance Cos.

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    In light of recent amendments to the U.K. insolvency regime that enhance restructuring options, introduce stay and moratorium powers, and include new safe harbors, U.S. financial institutions should determine whether rights under existing arrangements could be stayed, say attorneys at Allen & Overy.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Cos. Should Track Microplastic Research And Regulations

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    Microscopic plastic particles in the environment are a major emerging concern for regulators in the U.S. and internationally — and with the regulatory framework evolving concurrently with scientific research on health and environmental impacts, companies must monitor developments closely, say Tara Paul and Willis Hon at Nossaman.

  • COVID-19 Is Straining Compact Between Utilities, Regulators

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    The Indiana Utility Regulatory Commission recently barred utilities from collecting late fees as COVID-19 strains their finances, but reducing previously approved sources of revenue to meet the utility's authorized revenue requirement may run afoul of the regulatory compact between utilities and their regulators, say Dane McKaughan and Todd Kimbrough at Holland & Knight.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

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