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Public Policy

  • January 15, 2019

    Prosecutors Give Peek At Evidence Of Manafort's Alleged Lies

    Prosecutors working for special counsel Robert Mueller made public a heavily redacted filing Tuesday laying out evidence that former Donald Trump presidential campaign chairman Paul Manafort lied to federal investigators in violation of an agreement last year in which Manafort pled guilty to obstructing Mueller's investigation into Russian election interference.

  • January 15, 2019

    Brewery Hops On Shutdown Suit Bandwagon Over IPA Label

    Atlas Brew Works LLC hit the federal government with a First Amendment complaint in D.C. federal court Tuesday, challenging a law that requires beer sellers to have their labels approved by the Federal Alcohol Administration, which it hasn't been doing because of the shutdown.

  • January 15, 2019

    MLB Deal To Open Door For Cuban Players Is No Home Run

    A new deal between Major League Baseball and the Cuban Baseball Federation has the potential to open the floodgates for Cuban-born baseball players to play professionally in the U.S. without having to defect, but the regulatory changes that made the deal possible could be primed for a reversal.

  • January 15, 2019

    Judiciary Says It Will Stay Fully Funded Through Next Week

    The administrative agency of the federal court system said Tuesday that federal courts will have enough funding to continue operating until Jan. 25 despite the government shutdown, the second time the courts have extended the estimated date when they will have to start cutting staff.

  • January 15, 2019

    Citizenship Question Ruling Offers Model For Peer Courts

    A New York federal judge laid out exhaustive arguments for why U.S. Commerce Secretary Wilbur Ross violated the Administrative Procedure Act by including a question about citizenship status on the 2020 census Tuesday, offering a road map for other pending legal challenges and anticipating issues in a likely appeal, attorneys said.

  • January 15, 2019

    High Court Wary Of Skipped HHS Rulemaking On Hospital Pay

    U.S. Supreme Court justices on Tuesday appeared skeptical of the U.S. Department of Health and Human Services’ refusal to conduct notice-and-comment rulemaking when outlining a Medicare reimbursement policy that affects billions of dollars in hospital payments.

  • January 15, 2019

    NY Lawmakers Pass Bill Banning Transgender Discrimination

    New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.

  • January 15, 2019

    DC Circ. Can't Agree On DOJ Stay Requests, Judge Contends

    The D.C. Circuit is being inconsistent about whether to pause cases involving the government during the ongoing federal shutdown, a judge on the appeals court said Tuesday, dissenting as a panel refused to delay briefing in a regulatory challenge.

  • January 15, 2019

    Shutdown Draining Tribes, National Parks, Dem Panel Told

    A Democratic committee heard testimony Tuesday about the ongoing federal shutdown, with House Democrats blaming President Donald Trump for the shutdown and hearing testimony detailing the shutdown's worsening impact on Native Americans and public lands.

  • January 15, 2019

    Barr Pledges Independence In Oversight Of Mueller Probe

    President Donald Trump's nominee for attorney general pledged at his Senate confirmation hearing Tuesday that he would allow Special Counsel Robert Mueller's investigation into Russian interference in the 2016 presidential election to keep running independently.

  • January 15, 2019

    1st Amendment Protects NY Public Access TV, Justices Told

    The U.S. Supreme Court should stand behind a Second Circuit ruling classifying public access television networks as state actors who should be held accountable for upholding First Amendment rights, the documentarian whose firing prompted the litigation that resulted in the ruling said.

  • January 15, 2019

    Wagner Law Group Grows DC Office With Ex-DOL Atty

    The Wagner Law Group, a primarily East Coast-based law firm that specializes in employee benefits law, has hired a longtime U.S. Department of Labor official to serve as of counsel in its Washington, D.C., office, adding an attorney with more than 30 years of experience working with the Employee Retirement Income Security Act to its staff, the firm has announced.

  • January 15, 2019

    Dems' $15 Minimum Wage Push Tees Up Pitched Battle

    Congressional Democrats are planning to introduce legislation Wednesday that would lift the federal minimum wage to $15 by 2024, setting the stage for what could be a protracted battle over where the national wage floor should be. Could the ensuing debate on Capitol Hill lead to the first federal minimum wage increase in a decade?

  • January 15, 2019

    Senate Tax Panel Head Open To Renewing Credits For 1 Year

    The chairman of the U.S. Senate Finance Committee told reporters Tuesday that he would be open to retroactively renewing expired tax credits that were included in legislation passed by the U.S. House of Representatives for a one-year period.

  • January 15, 2019

    CWA Shift Pushes Calif., States Toward Stricter Water Regs

    California is close to finalizing new protections for its wetlands in response to the Trump administration's proposal to redefine which waters are subject to federal Clean Water Act jurisdiction, leading the way for like-minded states that could use their considerable authority to counteract a new definition they see as inadequate.

  • January 15, 2019

    Senate Moves To Challenge Russian Oligarch Sanctions Deal

    The U.S. Senate pushed ahead Tuesday to potentially overturn a deal the Trump administration reached in December to ease sanctions against three companies controlled by a Russian oligarch with close Kremlin ties.

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    NJ Sees $1.25B Wagered In Legal Sports Betting In 2018

    Sports betting in New Jersey totaled $1.25 billion in wagers in 2018, a year that saw it become legal in the Garden State, with tax revenues totaling just over $10 million and revenues for operators coming in at $94 million since June, the New Jersey Division of Gaming Enforcement announced.

  • January 15, 2019

    States Urge 5th Circ. To Reverse ICWA Invalidation Order

    California, Massachusetts, Illinois and New Jersey have joined over a dozen states that are throwing support behind four tribes and the federal government as they seek to overturn a decision deeming the Indian Child Welfare Act unconstitutional, arguing that the statute provides critical protections for Native American children and their families.

  • January 15, 2019

    Shutdown Causes 43K Canceled Immigration Court Hearings

    Nearly 43,000 immigration court hearings have been canceled since the federal government shut down in late December, according to new data from Syracuse University, wreaking havoc on the already overstuffed immigration courts and opening up individuals with valid immigration claims to yearslong delays.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Domestic Sourcing Requirement Doesn’t Fit DOD’s Gloves

    Scott Freling

    A recent Government Accountability Office decision found that a nonavailability exception applied to a Defense Department solicitation for leather combat gloves even though the type of leather at issue was available domestically. The decision sheds light on the regulatory nuances regarding domestic sourcing, say attorneys at Covington & Burling LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Brian Breheny

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • Transparency Versus Confidentiality In 2019 Tax Disputes

    Tim Gustafson

    The growing tension between government promises of transparency and taxpayers’ right to confidentiality is likely to continue this year, as highlighted by two recent developments in Pennsylvania and California, say Tim Gustafson and Mike Le of Pillsbury Winthrop Shaw Pittman LLP.

  • Grand Jury Secrecy And The Release Of The Mueller Report

    John Fleder

    As the Senate Judiciary Committee questions attorney general nominee William Barr on Special Counsel Robert Mueller’s investigation, former federal prosecutor John Fleder examines whether grand jury secrecy will permit the attorney general to submit parts, or all, of the highly anticipated Mueller report to Congress and/or the public.

  • Opinion

    Eyeballs Are Better Than Border Walls

    Stephen Pazan

    My rough calculations suggest “extreme vetting” of U.S. visa applicants could be as good as building a wall, and the human and economic costs would be much less, says Stephen Pazan, special counsel at Barket Epstein Kearon Aldea and LoTurco LLP and a former consular officer with the U.S. Department of State.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • 'Hyatt 3' Oral Argument And Potential State Tax Implications

    Jeffrey Reed

    However the U.S. Supreme Court decides the third iteration of Franchise Tax Board v. Hyatt, argued on Jan. 9, it is much more likely that the opinion will be featured in federal courts casebooks than taxation casebooks. Nevertheless, the matter surely has some state tax relevance, says Jeffrey Reed of Kilpatrick Townsend LLP.