Public Policy

  • November 17, 2019

    Saudi Aramco Sets Price Range For Potential $25B IPO

    State-backed oil giant Saudi Aramco published a price range on Sunday for what is expected to be among the largest initial public offerings ever, potentially exceeding $25 billion, albeit at a lower valuation than initially sought by the Saudi Arabian government.

  • November 15, 2019

    Warrantless GPS Tracking Paused Since Carpenter, Sen. Says

    The federal government hasn't collected cellphone location or GPS data without a warrant since the U.S. Supreme Court issued its landmark Carpenter decision last year, the head of the intelligence community has disclosed to a Democratic senator who's pushing Congress to ban such warrantless data grabs.

  • November 15, 2019

    Calif., Allies Sue EPA Over Clean Air Act Wavier Rescission

    California and 22 other states on Friday sued the U.S. Environmental Protection Agency over its decision to rescind the Golden State's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • November 15, 2019

    White House Floats Price Transparency Rule For Health Plans

    The Trump administration proposed a rule Friday that would require health insurance plans to publicize their in-network and out-of-network rates and post cost-sharing information online by request.

  • November 15, 2019

    Rapid Stablecoin Adoption Could Pose Deep Risks, Fed Says

    Stablecoins present an opportunity to foster more affordable and inclusive payment systems to the benefit of “consumer welfare,” but they could also create systemic risks to financial stability and pave avenues for nefarious activity, according to a Federal Reserve report published Friday.

  • November 15, 2019

    New Records Fuel ACLU Sanctions Bid In Census Query Row

    A New York federal judge will consider new evidence that calls into question the Trump administration's explanations behind its attempt to add a citizenship question to the Census, after the American Civil Liberties Union accused the federal government of concealing those records in court.

  • November 15, 2019

    Feds Can't Enforce 'Public Charge Rule' Amid 4th Circ. Appeal

    A Maryland federal judge has rejected the Trump administration's request to allow a rule penalizing immigrants for using public assistance programs to proceed, finding that the government is unlikely to win its Fourth Circuit appeal.

  • November 15, 2019

    EPA Can't Trim Suit Seeking Tighter Asbestos Standards

    A California federal judge on Friday denied the U.S. Environmental Protection Agency's attempt to dodge part of a lawsuit filed by health and environmental groups that are looking to force the EPA to tighten asbestos regulations.

  • November 15, 2019

    Ill. Legislature Fails To Hand Chicago Requested Tax Changes

    The Illinois legislature has ended its veto session without taking up requested tax proposals made by the Chicago mayor, which included structural changes to the city's real estate transfer and casino taxes.

  • November 15, 2019

    Oregon Court Blocks State Ban On Flavored Cannabis Vapes

    An Oregon appeals court blocked the state's temporary ban on flavored cannabis vaping products, about a month after it took similar action on a ban on flavored nicotine vaping products.

  • November 15, 2019

    Opioid Distributors Didn't Cause Nuisance, Pa. Judge Told

    Public nuisance laws should not be applied to hold drug distributors responsible for misuse of prescription painkillers by consumers, a Pennsylvania judge heard during arguments Friday over a second wave of test cases from county governments forced to respond to the opioid epidemic.

  • November 15, 2019

    Enviro Says Mont. Water Quality Exception Rightly Rejected

    An environmental group said Friday that a Montana federal judge shouldn't back away from his finding that a state regulation intended to provide flexibility to polluters struggling to meet water quality standards violates the Clean Water Act. 

  • November 15, 2019

    Senate Bill Aims To Reduce Indian Medical Staffing Shortages

    Sens. Tom Udall, D-N.M., and Lisa Murkowski, R-Alaska, put forward legislation Friday that aims to address health care staffing shortages at the Indian Health Service by providing tax breaks for two education programs.

  • November 15, 2019

    5 Takeaways As DOJ Finds Footing In FCA Dismissal Crusade

    The U.S. Department of Justice's controversial crusade against disfavored False Claims Act suits appears to be on increasingly solid ground after a series of court decisions allowing the DOJ to end whistleblower FCA cases. Here, Law360 spotlights five key takeaways from the government's recent success.

  • November 15, 2019

    GOP Revives Bill For Unlimited Detention Pending Deportation

    A conservative Republican senator has reintroduced a bill for the fourth time in six years that would allow for the indefinite detention of immigrants with final deportation orders as well as immigrants with serious criminal histories going through removal proceedings.

  • November 15, 2019

    Satellite Cos. Sweeten C-Band Sale With Donation Pledge

    Satellite operators continued trying to sell the Federal Communications Commission on their plan to privately sell off valuable midband spectrum, releasing new details Friday about how they would reimburse taxpayers to avoid the perception of an industry windfall and how their plan would increase rural broadband access.

  • November 15, 2019

    Okla. Gov. Hits Tribes With Tough Talk On Casino Compacts

    Oklahoma’s governor has suggested his dispute with Native American tribes over casino compacts with the state may lead to a legal battle, saying he tried to negotiate a revenue agreement by Jan. 1 but talks broke down when tribal leaders walked out on him at a meeting late last month.

  • November 15, 2019

    FDA Rules For CBD Supplements Urgently Needed, Org Says

    The U.S. Food and Drug Administration should affirm that CBD is legal and develop rules for marketing dietary supplements that contain the newly legal but mostly unregulated chemical, a trade group told the agency in a letter on Thursday.

  • November 15, 2019

    House, Senate Reach Deal To Unite Robocall Legislation

    House and Senate committee leaders announced late Friday that they had reached a deal to square two versions of anti-robocall legislation that passed overwhelmingly earlier this year, readying the bill for White House approval.

  • November 15, 2019

    Maine Charter Teachers Can Unionize, NLRB Official Says

    A National Labor Relations Board official has said a group of teachers at a Maine charter school can vote to unionize despite objections from administrators, basing his reasoning on Obama-era precedent that the board's Republican members have voted to reconsider.   

  • November 15, 2019

    Trade Court Sees Limits On Trump's Use Of Security Tariffs

    The U.S. Court of International Trade on Friday rebuked President Donald Trump for his use of a Cold War-era trade law to set tariffs based on national security, keeping alive an importer's suit challenging a duty increase against Turkish steel.

  • November 15, 2019

    Atlantic Salmon Farmers Snagged In US Cartel Probe

    Following raids from European enforcers earlier this year, the U.S. Department of Justice's Antitrust Division has opened a criminal investigation into allegations of collusion in the Atlantic salmon farming industry.

  • November 15, 2019

    US, China Make Moves To Open Up Poultry Trade

    China announced Thursday that it has lifted its ban on U.S. poultry imports, a week after the U.S. Department of Agriculture said it would allow chicken killed in China to be exported into the U.S.

  • November 15, 2019

    ACLU Urges Watchdog To Investigate 'Metering' At Border

    The American Civil Liberties Union is calling for an investigation into the U.S. Customs and Border Protection's policy of turning away asylum-seekers at ports of entry, saying the practice violates U.S. law and treaty obligations and the agency’s own internal guidance.

  • November 15, 2019

    Wireless Cos. Counter Utilities' Attack On 6 GHz Sharing

    The wireless industry is pressing lawmakers to back a Federal Communications Commission plan to open up the 6 GHz band to unlicensed use by wireless broadband providers, charging that utilities and other key public services using the band are wrong to attack the proposal.

Expert Analysis

  • What To Know Before Moving Your Supply Chain Out Of China

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    U.S. companies moving their supply chains to avoid Chinese tariffs should be aware of the complexities of U.S. Customs and Border Patrol country-of-origin determinations and the scope of U.S. Department of Commerce authority to impose tariffs on Chinese goods that originate outside of China, say attorneys at Covington.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • NLRB Ruling Further Clarifies Employer Handbook Standards

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    The National Labor Relations Board’s recent LA Specialty Produce decision demonstrates the impact of the board's 2017 Boeing decision on workplace handbook standards and allowed the NLRB to explain certain aspects of the Boeing ruling, says Anthony Glenn at Barnes & Thornburg.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.

  • SEC Relief For Digital Custody Co. Takes Guarded Approach

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    The U.S. Securities and Exchange Commission recently granted Paxos Trust Company limited no-action relief to settle securities using blockchain technology without registering as a clearing agency, demonstrating the regulator wants to better understand digital asset custody before allowing for broad adoption, say attorneys at Norton Rose.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Adapting 4th Amendment Standards To Connected Tech

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    An evolving view of the Fourth Amendment acknowledges that the detailed and sensitive nature of internet of things data — which is starting to find its way into courtroom evidence — requires strong privacy protections and a shift away from a blunt, either-or approach to third-party access, say Jennifer Huddleston and Anne Philpot of George Mason University.

  • DOD Clarifies Contractor Cybersecurity Certification Process

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    Amy Conant Hoang and Sarah Burgart at K&L Gates explain last week's important changes to the draft Cybersecurity Maturity Model Certification procedures, a framework developed by the U.S. Department of Defense to measure a contractor’s ability to safeguard information handled in the performance of DOD contracts.

  • Wis. PFAS Proposals Present Challenges For Businesses

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    Businesses with a presence in Wisconsin should be aware of the state's proposals for regulating per- and polyfluoroalkyl substances — in particular, its plans to set extremely low allowable levels of PFAS in drinking water, say George Marek and Lauren Harpke of Quarles & Brady.

  • Bill Would Bridge Digital Realty Whistleblower Protection Gap

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    The Whistleblower Programs Improvement Act's recent introduction in the Senate, along with overwhelming bipartisan support for a similar bill in the House, strongly indicates that Congress intends to extend whistleblower protections beyond the U.S. Supreme Court's 2018 Digital Realty decision, says Antuan Johnson at Katz Marshall.

  • Opinion

    Cannabis Social Equity Programs Are Fundamentally Flawed

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    While programs granting a licensing advantage to communities disproportionately impacted by the criminalization of cannabis have gained support in progressive legislative circles, they are failing due to poor legislative design, says Avis Bulbulyan of SIVA Enterprises.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.