Public Policy

  • January 27, 2022

    4 Highlights In Breyer's Legal Legacy For Health, Life Sciences

    Justice Stephen Breyer played a starring role in landmark health care and pharmaceutical cases on an increasingly right-leaning U.S. Supreme Court, helping to narrowly secure major wins for abortion rights and illuminate the First Amendment's expanding use against restrictions on drugmakers.

  • January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  • January 27, 2022

    FTC Says Social Media Is A 'Gold Mine' For Crypto Scammers

    Facebook, Instagram and other social media platforms are a "gold mine" for scammers, according to a new consumer protection data report from the U.S. Federal Trade Commission, which said last year saw a sharp spike in online fraud schemes, particularly bogus cryptocurrency ventures.

  • January 27, 2022

    Fla. Senate Lets Businesses Seek Damages Over Local Laws

    The Florida Senate pushed through approval of a controversial bill Thursday that would give businesses a cause of action to sue local governments for monetary damages if they can prove newly enacted ordinances have had enough of an adverse impact on their bottom lines.

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    5 Breyer Opinions In Auto, Trucking Preemption Battles

    After more than 27 years on the bench, U.S. Supreme Court Justice Stephen Breyer has left an indelible mark in areas including consumer protection and product liability, penning decisions clarifying the scope of federal preemption with important implications for the transportation industry.

  • January 27, 2022

    Workers Will Tell House Of Washington NFL Team Misconduct

    Former Washington Football Team employees are going to Capitol Hill to share "firsthand accounts" of the workplace misconduct in the team's front office after few details from an investigation by the law firm Wilkinson Stekloff LLP were released publicly by the NFL last year.

  • January 27, 2022

    Breyer's Most Important Writings About The Environment

    Justice Stephen Breyer announced his retirement Thursday in a ceremony at the White House. Here, Law360 looks at his influence on environmental law during his 27 years on the bench, including an important recent ruling that broadened the Clean Water Act's scope.

  • January 27, 2022

    Fed. Act Seen As Model To Protect Indigenous Sacred Places

    The National Historic Preservation Act of 1966 used to protect Indigenous sacred places in the United States may also serve as a model for the protection of sacred places in other countries, according to a recent report from an independent federal agency.

  • January 27, 2022

    Breyer's Rulings Shaped By Wariness Of Intellectual Property

    Departing U.S. Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges.

  • January 27, 2022

    Breyer Leaves Legacy Of Extending Constitution To Migrants

    U.S. Supreme Court Justice Stephen Breyer, who announced his retirement after nearly three decades on the bench, leaves behind a legacy of influential legal opinions and dissents that sought to extend constitutional rights and protections to noncitizens.

  • January 27, 2022

    5 Breyer Opinions For Financial Services Attys To Know

    U.S. Supreme Court Justice Stephen Breyer's views on issues like securities fraud liability, antitrust enforcement and federal preemption have left their mark on the financial services legal landscape. Here, Law360 looks at some of his key opinions in the field as the longtime liberal justice heads for the exit.

  • January 27, 2022

    4 High Court Tax Decisions Justice Breyer Helped Shape

    Justice Stephen Breyer, who announced his retirement from the U.S. Supreme Court on Thursday, was not a prolific author of tax-related opinions during his tenure, but nevertheless penned several decisions that established important principles in criminal and civil tax law. Here, Law360 takes a closer look at some of those cases.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Ex-Defense Chief Esper Close To Deal On Book Redactions

    Former Defense Secretary Mark Esper has neared an agreement with the Biden administration on redacting portions of his upcoming memoir to deal with security concerns, lawyers told a D.C. federal judge Thursday.

  • January 27, 2022

    4 Breyer Opinions Every Trial Lawyer Should Know

    Retiring U.S. Supreme Court Justice Stephen Breyer was instrumental in reinforcing the constitutional rights of trial defendants during his tenure, including in an opinion criticizing a core element of jury selection that is now coming under closer scrutiny.

  • January 27, 2022

    SEC Taps Ex-Cravath Partner To Be Corp Fin Deputy Director

    The U.S. Securities and Exchange Commission announced Thursday that a former Cravath Swaine & Moore LLP partner has been named the agency's new deputy director of its disclosure program in the Division of Corporation Finance.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Breyer Leaving A Moderate's Mark On Antitrust Law

    A reliable member of the high court’s liberal wing on many issues, Justice Stephen Breyer has struck a more moderate approach when it comes to antitrust law, penning opinions and dissents supporting more enforcement in some cases and pro-defense views in others. Here, Law360 looks at the mark Justice Breyer will leave on antitrust matters when he retires at the end of the term.

  • January 27, 2022

    Texas House Seeks Federal Probe Into Operation Lone Star

    Democrats in the Texas House of Representatives urged the Biden administration to immediately investigate Operation Lone Star, saying that Gov. Greg Abbott's border enforcement program was likely unconstitutional and violates migrants' due process rights.

  • January 27, 2022

    Judge Says Bid To Nix EEOC Suit 'Wasted Everyone's Time'

    A California federal judge forcefully rejected a now-defunct cellphone company's push Thursday to get a U.S. Equal Employment Opportunity Commission sexual harassment lawsuit thrown out, labeling the motion a "baseless" waste of time.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Meadows On Shaky Legal Ground With Privilege Claim

    The U.S. Supreme Court's decision last week rejecting former President Donald Trump's bid to block certain White House documents from the House select committee probing the deadly Jan. 6 Capitol attack will make it more difficult for his allies, such as his former chief of staff Mark Meadows, to keep documents or conversations they had with Trump pertaining to the attack private.

  • January 27, 2022

    Why Breyer Is To Thank (Or Blame) For Sentencing Guidelines

    Justice Stephen Breyer will retire as a great deal maker at the U.S. Supreme Court, but in the shadow of his jurisprudence lies a more complicated part of his legacy: the often-maligned federal sentencing guidelines that fundamentally reshaped the practice of criminal law.

  • January 27, 2022

    Biden Admin. Hit With FOIA Suit Over US Border Levee Walls

    Environmental advocacy group the Center for Biological Diversity slammed the U.S. Army Corps of Engineers on Thursday for refusing to hand over public records about the construction of what it says are new U.S.-Mexico border walls on levees along the Rio Grande Valley in Texas, according to a suit filed in District of Columbia federal court.

Expert Analysis

  • Opinion

    Biden FRAND Policy Will Help Protect Competition

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    The Biden administration's recently issued draft policy statement on licensing negotiations and remedies for standard-essential patents subject to voluntary fair, reasonable and nondiscriminatory terms is a welcome departure from the previous U.S. Department of Justice's flawed approach to navigating the intersection of antitrust and intellectual property, says Timothy Muris at Sidley.

  • Opinion

    USPTO Must Revoke Fintiv Rule With Or Without New Director

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    Although U.S. Patent and Trademark Office director nominee Kathi Vidal didn't commit in her Senate hearing to striking down the Patent Trial and Appeals Board's plainly unlawful NHK-Fintiv discretionary denial practice benefitting patent trolls, the agency can and should revoke the rule now, says Scott McKeown at Ropes & Gray.

  • What Climate Migration Forecast Means For Risk Management

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    Recent reports from international experts confirm that climate change is already causing environmental impacts and spurring migration of affected populations — so organizations must grapple now with how it will affect their operations and increase their risks in coming years, says Austin Pierce at V&E.

  • Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

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    A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • OSHA Case Shows Fluidity Of Major Questions Doctrine

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    Contrary to U.S. Supreme Court Justice Neil Gorsuch's assertion, the major questions doctrine on court deference to agency statutory interpretations is actually quite murky, as seen in its recent application in the National Federation of Independent Business' case challenging the Occupational Safety and Health Administration’s vaccinate-or-test mandate at the high court, says Andrew Michaels at the University of Houston Law Center.

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Opinion

    SEC Sacrifices Process To Block New Proxy Adviser Rules

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    The U.S. Securities and Exchange Commission's about-face on its recently passed reforms concerning proxy advisers is an example of how Chair Gary Gensler has forgone deliberation and bipartisanship to pursue his ambitious agenda — which is emblematic of the increasing politicization of the commission, says David Dragics at the National Investor Relations Institute's Advocacy Committee.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • How New Laws Could Tighten FDA Regulation Of Cosmetics

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    Federal legislation on the use of perfluoroalkyl or polyfluoroalkyl substances and other ingredients in cosmetics has a good chance of passing this year, so companies should track policy developments, identify any PFAS ingredients in their cosmetic products, and prepare for possible new safety and reporting requirements, say attorneys at King & Spalding.

  • What Stablecoin Industry Can Expect From Congress In 2022

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    As congressional scrutiny of the crypto-asset industry grows, stablecoin issuers and exchanges should anticipate new legislative proposals and regulatory developments, as well as further inquiries and oversight action, from both parties in Congress this year, say attorneys at Debevoise.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

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