Public Policy

  • June 11, 2021

    White House Issues Waiver Plan For 'Made In America' Order

    The White House unveiled new guidance for federal agencies Friday on President Joe Biden's "Made in America" executive order, in particular outlining a waiver review process for the order's exemptions.

  • June 11, 2021

    DOD Issues $2.2B Building Plan After Canceling Border Wall

    The U.S. Department of Defense plans to use the $2.2 billion remaining after it canceled border wall projects that had been funded with money diverted from the agency to instead fund 66 military construction projects, it announced on Friday.

  • June 11, 2021

    DOJ Presses Immigration Judges To Use 'All Docketing Tools'

    As immigration courts are log-jammed with 1.3 million cases, the U.S. Department of Justice encouraged immigration judges on Friday to use "all docketing tools available" to quickly resolve cases.

  • June 11, 2021

    Anti-Pot Groups Drop Suit Over Montana Legalization Initiative

    A pair of anti-marijuana groups are dropping their lawsuit challenging a Montana voter-backed initiative that legalized pot for adult use, saying the passage of two pieces of legislation on recreational marijuana and voter initiatives has accomplished their goals.

  • June 11, 2021

    FTC Deal Forces La. Board To Drop Appraisal Fee Rule

    The Federal Trade Commission has come out on top in its antitrust fight with the Louisiana Real Estate Appraisers Board, securing an agreement that the board will stop limiting appraisers' ability to set their own fees.

  • June 11, 2021

    AT&T Pushes Back Against Parts Of Biden Broadband Plan

    Communications giant AT&T is pushing back on elements of the Biden administration's infrastructure proposals, particularly a plan to partner with local governments, asserting support for municipalities could become politicized and broadband affordability hasn't reached a crisis level.

  • June 11, 2021

    Calif. Asks 9th Circ. To Stay Assault Weapon Ban Injunction

    California Attorney General Rob Bonta asked the Ninth Circuit on Thursday to freeze a district court's decision to block the Golden State's assault weapons ban while it appeals the decision, arguing that, without a stay, dangerous guns will be rushed into the state.

  • June 11, 2021

    Biden DOT Eyes Stiff Car Safety Rules And Worker Protections

    The U.S. Department of Transportation rolled out a regulatory agenda Friday focused on improving vehicle and road safety standards, protecting flight crews and tackling climate change as President Joe Biden also seeks to build momentum for his ambitious infrastructure investment plan.

  • June 11, 2021

    WTO Ends Trump's Case Over China's Patent Rules

    The World Trade Organization quietly ended its investigation into China over its patent licensing rules on Friday, two years after the Trump administration put the case on ice in lieu of intellectual property negotiations with Beijing.

  • June 11, 2021

    NY Bill Halting Cryptocurrency Mining Dies In Assembly

    A New York bill to pause certain cryptocurrency mining operations pending environmental review has died in the Assembly after passing the state Senate earlier this week.

  • June 11, 2021

    SEC Maps Out Gensler's Regulatory Ambitions Over Next Year

    The U.S. Securities and Exchange Commission is planning to propose new rules on board diversity and climate change disclosures this fall and make proposals on special purpose acquisition companies the following spring, according to an agenda released Friday.

  • June 11, 2021

    House Lawmakers Float Bipartisan Big Tech Bills

    A bipartisan group of lawmakers introduced a package of legislation in the U.S. House on Friday aimed at reining in large technology companies and restoring competition in digital markets, including a measure barring the tech giants from competing on their own platforms.

  • June 11, 2021

    Endo Can't Shake FTC Pay-For-Delay Suit, Judge Told

    The Federal Trade Commission fought a dismissal bid Friday in an antitrust suit related to an alleged 2017 "pay-for-delay" agreement over Endo Pharmaceuticals' Opana ER painkiller, saying the drugmaker couldn't have made such an agreement because its competitor had already had a broad patent license for similar products for years.

  • June 11, 2021

    Fed. Prisoners See Limited Success In Pandemic Release Bids

    Federal prisoners who asked courts to grant them compassionate release during most of the COVID-19 pandemic have succeeded 21% of the time, according to the U.S. Sentencing Commission, faring far better in court than through internal requests to the Federal Bureau of Prisons.

  • June 11, 2021

    SEC Says Biotech Co. Tricked Investors Out Of Millions

    The U.S. Securities and Exchange Commission has claimed in a new federal lawsuit that a Colorado-based radiopharmaceutical company misled investors and defrauded them into buying millions of dollars in company securities.

  • June 11, 2021

    New CFPB Agenda Ices More Trump-Era Regulatory Projects

    The Consumer Financial Protection Bureau is backing off Trump-era plans to potentially design new disclosures for payday loan borrowers and won't be using its rulemaking authority to set more boundaries on what it considers abusive conduct, at least for now.

  • June 11, 2021

    EPA Signals Overhaul Of Chemical And Pesticide Regulations

    The U.S. Environmental Protection Agency on Friday laid out an ambitious regulatory agenda that includes the rollback of some key Trump-era rules on chemicals and pesticides, and is planning new rules that align with the Biden administration's priorities.

  • June 11, 2021

    SIFMA Offers Measured Approach To SEC Climate Disclosures

    A leading U.S. securities industry trade group is pushing the U.S. Securities and Exchange Commission to focus on climate-specific metrics before tackling its potential plans to ramp up environmental, social and governance disclosure requirements more broadly, while also suggesting ways to minimize compliance burdens.

  • June 11, 2021

    Ex-Fugee, Fugitive Malaysian Hit With New 1MDB Charges

    Malaysian fugitive Jho Low and former Fugees rapper Prakazrel "Pras" Michel were charged for their alleged roles in the back-channel scheme to lobby then-President Donald Trump to drop an investigation into the 1Malaysia Development Berhad embezzlement scandal, the U.S. Department of Justice announced Friday.

  • June 11, 2021

    FDA's Alzheimer's Drug Approval Deepens Searing Debate

    The U.S. Food and Drug Administration's approval of the first Alzheimer's treatment in nearly two decades despite a panel's reservations cuts into a dilemma about such fast-track authorizations, pitting the needs of patients who may have nothing to lose against the cost of billions of dollars on a new drug that may not work.

  • June 11, 2021

    Biden Admin. Puts Tighter Oil And Gas Regs On The Table

    Stricter oil and gas regulations are in the cards under energy regulatory agendas released by federal agencies Friday, including a renewed push to limit methane emissions that could produce proposed rules as early as this fall.

  • June 11, 2021

    US Lawmakers Seek $60B In Added Restaurant Relief Funds

    A bipartisan group of U.S. lawmakers has introduced a measure to add $60 billion to the Restaurant Revitalization Fund grant program that passed earlier this spring, saying eateries and bars need the second round of relief as they're still struggling to survive the COVID-19 pandemic.

  • June 11, 2021

    Metlakatla Tribe Asks 9th Circ. To Revive Fishing Rights Suit

    The Metlakatla Indian Community has asked the Ninth Circuit to overturn an Alaska federal court decision that said the tribe's previous fishing activities in disputed waters stemmed from lack of government oversight, not permission.

  • June 11, 2021

    Cannabis Bill Roundup: Conn. Pot Bill Gets Special Session

    Connecticut lawmakers will hold a special session on June 16 to debate a marijuana legalization bill and Louisiana legislators sent a bill expanding the state's medical marijuana program to the governor's desk. Here are some of the major moves in cannabis reform from the past week.

  • June 11, 2021

    Dems Call For DOJ To Drop California Private Prison Ban Suit

    A group of 25 House Democrats has urged the U.S. Department of Justice to drop its lawsuit challenging a California ban on private immigration detention facilities and other private prisons, saying it undercuts a goal of President Joe Biden.

Expert Analysis

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • El Salvador's Use Of Bitcoin Complicates US Commercial Law

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    El Salvador recently became the first country to recognize Bitcoin as currency, presenting significant implications for U.S. commercial law as the development will likely trigger the cryptocurrency to now fall within the definition of "money" under the Uniform Commercial Code, say Joe Carlasare and Eric Fogel at SmithAmundsen.

  • What New FAA Pilot Records Rule Means For Flight Operators

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    The Federal Aviation Administration's recently issued regulations establishing a new pilot records database should help keep unqualified pilots out of the cockpit, but they may also significantly expand the record retention and reporting burden for some flight operators, say Christopher Younger and James Janaitis at Crowell & Moring.

  • How Legal Profession Can Help LGBTQ Patent Attys Thrive

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    Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

  • Why Legacy Insurance May Not Protect Adopters Of Bitcoin

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    Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.

  • Expedited Bankruptcies Are Cause For Concern

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    The Office of the U.S. Trustee's recent concerns over the increase in so-called shotgun bankruptcies are legitimate: These expedited processes limit oversight by the bankruptcy court to the detriment of smaller stakeholders, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Opinion

    FTC's Drop Of Illumina-Grail Federal Court Case Raises Uncertainty

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    The Federal Trade Commission's move to drop its lawsuit challenging the proposed merger of Illumina and its cancer-screening spinoff Grail is procedural posturing that undermines the agency's goals and has created maximum uncertainty for companies focused on creating life-saving technologies, say Zarema Jarimillo and Leiv Blad at Lowenstein Sandler.

  • How Biden Tax Plans Would Boost Renewable Energy

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    The Biden administration's recently released revenue proposals for fiscal year 2022 include major enhancements and extensions to various green energy tax credits, and show that the administration is aligned with Congress in supporting renewable development, even if they differ on details, say attorneys at Eversheds Sutherland.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • FTC's Chances Of Fixing A Broken Repairs Market Look Slim

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    The pandemic has highlighted the harm consumer product manufacturers' restrictions on aftermarket repairs have on consumers, but limits on the Federal Trade Commission's authority to clamp down on these potentially anti-competitive practices may make patchwork federal remedies the most likely solution for now, says Katie Funk at Baker Donelson.

  • Opinion

    Antitrust Reform Should Focus On Targeted Solutions

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    Antitrust law can and should be updated to reflect the needs of our modern economic landscape by addressing specific areas where meaningful problems exist, but some proposals, like the call to overturn the consumer welfare standard, go too far, says Trace Mitchell at NetChoice.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • 6 Calif. Employment Laws To Know For M&A Deals

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    In light of a new California law that affords recall rights to certain laid-off employees, attorneys at Baker McKenzie review challenges presented by various employment laws and board diversity requirements when executing mergers and acquisitions in the Golden State.

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