Public Policy

  • July 19, 2019

    NH Justices Back Block Of Eversource Hydropower Project

    New Hampshire state regulators were within their authority to reject Eversource Energy's proposal for the primary portion of a $1.6 billion power line project intended to ship Canadian hydroelectricity to Massachusetts, the state's Supreme Court held Friday.

  • July 19, 2019

    DNC Wants Mueller Report Kept Out Of Election Hack Suit

    The Democratic National Committee told a Manhattan federal judge Friday there is no need to take judicial notice of the Mueller report in considering the plausibility of its complaint claiming the party was harmed by email hacking in the run-up to the 2016 presidential election.

  • July 19, 2019

    Biggest Enviro Law Cases To Watch In The 2nd Half Of 2019

    Here, Law360 takes a look at some of the biggest environmental cases to watch in the second half of 2019, including U.S. Supreme Court appeals based on Superfund and Clean Water Act issues and a challenge to President Donald Trump's authority to shrink national monuments designed by his predecessor.

  • July 19, 2019

    Citizenship Test To Get 1st Facelift In 10 Years

    U.S. Citizenship and Immigration Services plans to revise the U.S. citizenship test for the first time since it was last updated in 2009, the agency announced on Friday.

  • July 19, 2019

    Trump Admin's Short-Term Insurance Rule Survives Challenge

    A Washington, D.C., district judge granted the federal government a quick win on Friday in a legal challenge to a rule allowing Americans to use short-term health insurance plans, which skirt certain Affordable Care Act requirements, for three years instead of one.

  • July 19, 2019

    Treaty Unlikely To Prompt Sea Change Away From Arbitration

    A treaty adopted this month to enforce foreign judgments could help provide an alternative to international arbitration amid grumbling that the process has become too lengthy and expensive, but it's unclear whether this and similar initiatives will substantively change the way businesses resolve international disputes.

  • July 19, 2019

    Trump Labor Pick Scalia Seen As Deregulatory Force

    Years spent challenging rules issued by the U.S. Department of Labor and other federal agencies have made Gibson Dunn & Crutcher LLP attorney and George W. Bush DOL veteran Eugene Scalia — the president’s planned pick to helm the DOL — a lean, mean, deregulating machine.

  • July 19, 2019

    11th Circ. Won't Force City To Trash Red Light Cameras

    The Eleventh Circuit has said it will not stop an Alabama city from using traffic cameras to penalize drivers who run red lights, dismissing a lawsuit challenging the policy for reasons that differ from an Alabama district court's.

  • July 19, 2019

    Chatting With The CCO: Fidelity's Norm Ashkenas

    Norm Ashkenas helped guide Fidelity's brokerage and retirement products through the 2008 financial crisis and is one of its top compliance executives at a time when standards for financial professionals are in flux.

  • July 19, 2019

    Scientists Ask 1st Circ. To Revive Expert 'Purge' Lawsuit

    A group of scientists told the First Circuit a lower court wrongly signed off on a Trump administration directive that bars scientists from its advisory committees who receive U.S. Environmental Protection Agency grants, saying it violates the Administrative Procedure Act.

  • July 19, 2019

    States Urge Justices To Reject Trump's Border Wall Funding

    California and New Mexico urged the U.S. Supreme Court on Friday not to stay a federal court ruling that keeps President Donald Trump from pulling $2.5 billion to pay for the construction of a southern border wall, arguing that it would interfere with state laws.

  • July 19, 2019

    Rep. Asks Feds If DOJ Policy Shielded Trump From Indictment

    The head of the House Oversight Committee wants federal prosecutors to explain whether a U.S. Department of Justice policy that bars indicting a sitting president impacted the decision not to indict President Donald Trump following allegations that he violated campaign finance laws by paying off women he had affairs with.

  • July 19, 2019

    Advocates Seek Info On Deportation Program For Convicts

    Immigrant advocates announced Friday that they had filed suit in New York federal court seeking records relating to a Trump administration program that allegedly allows immigration judges to conduct removal proceedings for noncitizens while they are serving criminal sentences.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    O'Rielly To Broadcasters: Don't 'Screw Up' New Kid Vid Rules

    FCC Commissioner Michael O'Rielly warned broadcasters to not "screw this up" as they take advantage of newfound flexibility in airing mandated children's TV programming, saying that shirking those responsibilities could result in heavier regulations later.

  • July 19, 2019

    UK Raises Antitrust Concerns Over $585M Plastics Deal

    The U.K.’s antitrust enforcer threatened Friday to subject a $585 million plastic packaging deal to extra merger scrutiny unless the companies propose adequate fixes for concerns over the reduction in the number of British liquid packaging suppliers the merger would cause.

  • July 19, 2019

    Bosch Urges FCC To Give High-Frequency Use Another Look

    German conglomerate Bosch has called on the Federal Communications Commission to reconsider how it approaches experimental use of ultra-high frequency bands, saying the agency missed an opportunity to boost high-tech sector growth by opening up more unlicensed spectrum.

  • July 19, 2019

    DC Circ. Backs EPA On Ditching Hardrock Mining Rule

    The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

  • July 19, 2019

    Justice Stevens' Most Important Personal Injury Opinions

    The more than 1,000 opinions the late Justice John Paul Stevens authored during his three-plus decades on the U.S. Supreme Court included seminal rulings on punitive damages awards and maritime wrongful death cases. Here, Law360 looks back at a handful of opinions he wrote that have affected the personal injury bar and changed the way trial attorneys practice law.

  • July 19, 2019

    Qualcomm's Profitability No National Security Issue, FTC Says

    The Federal Trade Commission has fired back against efforts by Qualcomm and the U.S. Department of Justice to pause a blockbuster antitrust ruling forcing the chipmaker to retool its business model, arguing that reining in Qualcomm’s anti-competitive conduct outweighs any vague national security concerns the pair alluded to.

  • July 19, 2019

    2nd Circ. Revives NYC Taxi Drivers' Unfair Suspension Suits

    The Second Circuit ruled Friday that New York City's practice of summarily suspending licenses for taxi drivers who've been arrested but not yet convicted deprives them of due process by denying them meaningful opportunities to challenge their suspensions.

  • July 19, 2019

    FCC Mulling Customer Opt-Outs For Wireless Carriers' Texts

    The Federal Communications Commission is considering whether to allow cell service customers to opt out of all texts from their providers after an AT&T customer complained the carrier wouldn’t stop sending frequent, unwanted messages about his data usage and bills.

  • July 19, 2019

    The Legacy Justice Stevens Left On Antitrust

    The late Justice John Paul Stevens made use of his antitrust roots frequently during his tenure on the U.S. Supreme Court, penning more than two dozen majority opinions and dissents that helped shape modern antitrust law.

  • July 19, 2019

    Groups Urge Libra Partners To Stand Up To Facebook

    Four public advocacy groups on Thursday urged the Libra Association's more than two dozen partners to withdraw from the Facebook-led cryptocurrency project, a day after skeptical lawmakers grilled the social media giant.

  • July 19, 2019

    Sens. Seek Info On Appraiser In Easement Donation Probe

    Senate Finance Committee lawmakers said Friday they requested information from an Alabama real estate licensing board about an appraiser who is alleged to have participated in abusive conservation easement transactions that resulted in $1.8 billion in federal tax deductions.

Expert Analysis

  • Corporate Compliance Through The Lens Of Calif. Privacy Law

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    While businesses are preparing for the California Consumer Privacy Act they can pull from the U.S. Department of Justice's recent guidance on compliance programs to establish controls that not only protect consumer information, but also enhance overarching corporate compliance, say Robb Adkins and Shawn Obi at Winston & Strawn and Stephanie Douglas at Guidepost Solutions.

  • What High Court Ruling Means For Future Of Gerrymandering

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    After last month's U.S. Supreme Court decision in Rucho v. Common Cause and Lamone v. Bensiek, holding that partisan gerrymandering claims present a political question outside the reach of federal courts, state courts will likely see increased litigation attempting to strike down gerrymandered districts, say Junaid Odubeko and Mike Stephens of Bradley Arant.

  • State Net

    A Look At How States Are Experimenting With Health Care

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    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • Digital Asset Securities Statement May Be Missed Opportunity

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    The long-anticipated joint statement issued earlier this month by the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority reminds entities effecting transactions in digital asset securities of broker-dealer compliance requirements with regard to custody, but falls short of providing actionable guidance, say attorneys at Morgan Lewis.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • Before The DST Settles: What To Know About UK Digital Tax

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    With the introduction of detailed legislation on July 11 for what the United Kingdom considers to be “a targeted, proportionate and temporary tax,” the U.K. hopes to keep the pressure on the Organization for Economic Cooperation and Development for a comprehensive consensus-based solution to a digital services tax, say attorneys at Squire Patton.

  • The Potential Effects Of Calif. Contractor Reclassification Bill

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    If enacted, California’s Assembly Bill 5 would codify the so-called ABC test for independent contractors established in the California Supreme Court's Dynamex decision. Notably, the bill goes beyond the scope of Dynamex and could have an extraordinary impact on the state's economy, say attorneys at Littler.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Opinion

    NY Credit Card Securitization Class Action Misuses Madden

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    In Cohen v. Capital One Funding in New York federal court, the plaintiffs' argument — that special purpose trusts charged and collected interest rates in excess of New York's usury limits — relies on a flawed understanding of the Second Circuit's decision in Madden v. Midland Funding, which was itself erroneous and harmful to credit markets, says Walter Zalenski of Buckley.

  • A Guide To Prepping For Dallas Paid Sick Leave Requirements

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    Dallas' paid sick leave law — set to take effect in August — leaves many employer questions unanswered. But with the compliance deadline approaching quickly, employers shouldn't wait for the city to sort out details, say Felix Digilov and Amy Strauss at Fisher Phillips.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • 8 Key Elements Of An Effective Antitrust Compliance Program

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    Based on our reading of last week’s antitrust compliance guidance from the U.S. Department of Justice, there are several important factors that organizations should consider as they assess whether their current program is up to snuff, say Herbert Allen and Alexa DiCunzolo at Polsinelli.

  • The Latest Executive Order On Buying American Has Teeth

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    Earlier executive orders aimed at strengthening compliance with the Buy American Act were essentially position statements. Monday’s executive order differs, however, because it proposes a textual change to the Federal Acquisition Regulation, one that would have wide-ranging, potentially disruptive effects on government contractors, say attorneys at Covington.

  • The Nondelegation Doctrine And Enviro Regs, Post-Gundy

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    The U.S. Supreme Court’s recent decision in Gundy v. United States may have opened the door to a revitalization of the long-dormant nondelegation doctrine. Such a shift could make it difficult for a future administration to deal with climate change without congressional action, say William McGrath and Jeffrey Jay of Brownstein Hyatt.

  • A New Era For Human Genetic Resource Compliance In China

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    This month, China's new regulations governing the management of human genetic resources came into effect, bringing stronger enforcement measures and much heavier liabilities that will require many companies, medical and research institutions, and universities to upgrade their compliance systems accordingly, say attorneys at Tian Yuan.