Public Policy

  • December 06, 2019

    Vets Say DC Court Can Hear Challenge To Citizenship Denials

    Four Army veterans suing U.S. Citizenship and Immigration Services after being denied citizenship hit back at the government’s bid to toss out their lawsuit, saying that a D.C. federal court has the authority to hear their case.

  • December 06, 2019

    High Court To Review Del. Judicial Party-Balance Mandate

    The U.S. Supreme Court agreed Friday to review Delaware's appeal of a lower court ruling that overturned the state's 122-year-old major party membership and balance requirements for members of its three top courts.

  • December 06, 2019

    US Accused Of Denying Asylum-Seekers Access To Counsel

    Immigrants seeking asylum at the southern border are being wrongfully deprived of legal counsel, according to a new lawsuit filed in D.C. federal court that claims U.S. officials are detaining asylum-seekers in facilities that are effectively “legal black holes.”

  • December 06, 2019

    NY Exxon Climate Fraud Trial Decision Due In Days

    A New York state court judge told Exxon and the New York attorney general Friday that he would rule within days on both the investor fraud claims against the energy giant and a bid to punish the government for dropping claims during closings.

  • December 06, 2019

    2nd Circ. Says Sushi Chef's FLSA Deal Didn't Need Court OK

    Fair Labor Standards Act settlements struck under a mechanism meant to stave off needless trials don't need to be reviewed for fairness by judges, a divided Second Circuit panel said Friday, reversing a district court decision that stalled a sushi chef’s wage deal.

  • December 05, 2019

    Don’t Let CFPB Off Easy On Constitutionality, 5th Circ. Told

    The Consumer Financial Protection Bureau and a payday lender challenging the agency's constitutionality squared off before a Fifth Circuit panel on Wednesday over how to proceed now that the full court has upheld a similar challenge to a sister regulator, with the lender arguing that swift and serious action is needed.

  • December 05, 2019

    Huawei Asks 5th Circ. To Nix 'Unlawful' FCC Subsidy Ban

    Huawei Technologies Co. will ask the Fifth Circuit to scrap a Federal Communications Commission order barring U.S. telecom providers from dipping into the agency's multibillion-dollar subsidy fund to purchase equipment from the Chinese technology giant and other vendors considered a security threat to America's communications networks.

  • December 05, 2019

    DC Circ. Faces Flurry Of Disruptions At Border Wall Hearing

    A D.C. Circuit panel struggled to hear arguments Thursday morning in a challenge to border wall operations on a Texas butterfly sanctuary, between attorneys who kept talking over the court's questions and a series of interjections from the plaintiff in the audience.

  • December 05, 2019

    Native American Judge To Make History At Wash. High Court

    Raquel Montoya-Lewis will become the first Native American justice on the Washington Supreme Court after she was appointed by Gov. Jay Inslee on Wednesday, bringing a wealth of tribal court and state court experience to the post.

  • December 05, 2019

    Couple Loses Malpractice Claim Over Bullying Suicide Suit

    An Arizona appeals court on Thursday reluctantly affirmed the dismissal of a legal malpractice suit stemming from a failed wrongful death case over a purportedly bullied college student’s suicide, saying the student’s parents would not have won the underlying case due to Arizona Supreme Court precedent limiting liability for suicides.

  • December 05, 2019

    Colo. CBD Vendor Latest To Face Class Action Over Legality

    A Colorado CBD company has been hit with a proposed class action by a woman who claims the company's capsules and dog treats are illegal, citing recent guidance from federal regulators warning that the hemp-derived substance has thus far only been approved for narrow uses.

  • December 05, 2019

    Sens. View Clearing Unused Airwaves As Critical In 5G Race

    Lawmakers overseeing U.S. telecom policy on Thursday pressed federal agencies to rapidly open up new swaths of spectrum to mobile broadband carriers as China and other countries are aggressively competing with the United States in the scramble to deploy next-generation wireless networks.

  • December 05, 2019

    EU's Progress On 5G Cybersecurity Plan Garners US Praise

    The U.S. Department of State has commended the European Union for moving forward with a 5G cybersecurity initiative that nodded to steps the department has taken to bar Chinese telecom giants Huawei and ZTE from equipping U.S. networks.

  • December 05, 2019

    House Passes 1st Explicit Ban On Insider Trading

    The U.S. House of Representatives on Thursday overwhelmingly approved a bill that would explicitly prohibit insider trading, empowering enforcement authorities and clarifying a murky area of securities law.

  • December 05, 2019

    What To Watch As T-Mobile-Sprint Merger Fight Goes To Trial

    T-Mobile and Sprint Corp. go to trial Monday in New York to defend their megamerger, as Democratic attorneys general pursue a rare, direct challenge to their federal peers in a case that will test the strength of U.S. wireless competition and the importance of fostering next-generation technology.

  • December 05, 2019

    New Bill Targets Counterfeits That Infringe Design Patents

    A U.S. Senate bill announced Thursday proposes cracking down on counterfeits brought in from overseas by giving U.S. Customs and Border Protection the authority to seize imports that infringe patented designs.

  • December 05, 2019

    DC Circ. Doubts Suit Over Non-US Train Crews Is Reviewable

    Two judges of a D.C. Circuit panel appeared ready to throw out a suit against the Trump administration over the use of non-American train crews on the U.S. side of the Texas-Mexico border, saying the two railroad workers' unions who lodged the complaint could not identify a final agency action they are challenging.

  • December 05, 2019

    Watchdog Says EPA Dodged Required Analysis On Truck Rule

    At the U.S. Environmental Protection Agency during the early days of the Trump administration, regulators bypassed traditional rulemaking guidelines, resulting in a badly flawed rollback of glider truck emissions standards, the EPA's internal watchdog said Thursday.

  • December 05, 2019

    Ex-Playboy Model Says Fox Slandered Her Over Trump Affair

    The former Playboy Playmate who claimed she had an affair with President Donald Trump lodged a defamation lawsuit against Fox News on Thursday, saying host Tucker Carlson repeatedly accused her of extortion during a segment on his show last year.

  • December 05, 2019

    NLRB Extends Election Rule Comment Deadline Again

    The National Labor Relations Board on Thursday again pushed back the deadline for the public to give feedback on a controversial proposed rule to overhaul its union election procedures, a regulation that the Republican-led board has said will protect workers' rights to abstain from joining a union.

  • December 05, 2019

    Japan Approves Early-Phase Trade Deals With US

    Japan’s legislature on Wednesday approved a pair of trade agreements with the U.S. that will cut tariffs on a number of agricultural and industrial goods and liberalize digital trade between the two nations, moving the deals into position to take effect at the start of 2020.

  • December 05, 2019

    Film Orgs Say Social Media Scrutiny For Visas Chills Speech

    Two documentary film organizations on Thursday challenged the U.S. Department of State's requirement that visa applicants abroad turn over their social media handles, telling a D.C. federal court that the rule will chill free speech.

  • December 05, 2019

    Justices Asked To Take On Conn.'s Alcohol 'Cartel' Law

    Bolstered by a scathing dissent, the country’s self-proclaimed largest independent wine retailer is asking the U.S. Supreme Court to take on a Second Circuit decision clearing Connecticut’s alcohol pricing law of antitrust allegations that it blasted as a state-level replication of a price-fixing conspiracy.

  • December 05, 2019

    A Year Later, Pai Signals Progress In FCC Data Peddling Probe

    Under pressure from House Democrats, Federal Communications Commission head Ajit Pai this week finally offered lawmakers a timetable for wrapping up the agency's yearslong probe into wireless carriers’ mismanagement of consumers' location data, pledging to bring the inquiry to a close by the end of January.

  • December 05, 2019

    ICE Defends Authority To Make Arrests At Courthouses

    U.S. Immigration and Customs Enforcement hit back at a lawsuit challenging its arrests of unauthorized immigrants in and around New York courthouses, saying that officers have discretion to make arrests at any public location.

Expert Analysis

  • The Top Pennsylvania Employment Law Changes In 2019

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    This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.

  • New Proposals Boost UK Energy Storage Projects

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    The U.K. government has issued revised proposals on the planning process for energy storage projects. Such informed attention and support from the government is critical to enabling energy storage to fulfill its potential as a key part of a flexible energy system, say attorneys with Bryan Cave.

  • 7 Questions As We Await HHS Health Info-Blocking Rule

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    In an upcoming final rule that would dramatically change the landscape of health information disclosures in the U.S. by reversing the typical privacy-governing framework, the U.S. Department of Health and Human Services may address several questions that have been raised during the public comment period, says Alex Dworkowitz at Manatt.

  • 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

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    As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum.

  • HHS Anti-Kickback Plan Could Boost Patient Engagement

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    The U.S. Department of Health and Human Services' recently proposed safe harbor to the Anti-Kickback Statute represents a welcome relaxation of regulatory barriers, potentially enabling providers to improve patient engagement and deploy technological products aimed at coordinated care, but it may present significant implementation challenges, say attorneys at Moses & Singer.

  • SEC Proposals Could Be Game Changing For Proxy Process

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    Recently proposed rule amendments from the U.S. Securities and Exchange Commission could overhaul the proxy process by making it harder for proxy advisory firms to issue voting recommendations, and by changing the requirements for shareholders submitting proposals, say attorneys at V&E.

  • Okla.'s New Facility Audit Law Offers Limited Protections

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    Oklahoma's new Environmental, Health and Safety Audit Privilege Act is designed to encourage voluntary compliance with environmental and occupational health and safety laws, but businesses should understand the limited scope of the immunity and privilege it offers, say Ashlyn Smith and Jake Krattiger of GableGotwals.

  • Removing Reopeners May Speed Up Superfund Settlements

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    Reopener provisions in natural resource damages settlements under the federal Superfund law are meant to protect the public from post-settlement discoveries, but by undermining the corporate desire for finality in managing liabilities, they make settlements harder to reach, say Amanda Halter and Ashleigh Acevedo of Pillsbury.

  • NYC Ballot Measure Likely Signals Modest Land Use Changes

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    On Nov. 5, New York City approved a ballot measure establishing precertification notice for land use applications and granting more time to community boards to review them. The changes are not revolutionary, but the rules established by the City Planning Commission will determine their ultimate impact, say Ross Moskowitz and Eva Schneider at Stroock.

  • Opinion

    Justices Should Use Florist Case To Settle Free Speech Issues

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    The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

  • Key Aspects Of DOJ's Gov't Procurement Antitrust Initiative

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    The U.S. Department of Justice’s recently announced interagency strike force targets bid-rigging and other antitrust crimes at every level of government, meaning individuals and companies involved in government procurement or grants should prepare for increased scrutiny and enhanced enforcement, say attorneys at Latham.

  • Will College Athletes Be Deemed Employees Soon?

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    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • Warren Bill Presents Powerful Headwinds For Private Equity

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    If passed, Sen. Elizabeth Warren's private equity reform bill would protect companies being purchased by private equity, but impose significant restrictions on funds by eliminating the liability shield and favorable tax treatment they currently enjoy, say Jon Brose and Kevin Neubauer at Seward & Kissel.

  • FAA Efforts Aim To Reduce Drone Jurisdictional Disputes

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    Local and state laws concerning drones are widespread, but so, too, are confusion and disagreement over the extent of federal jurisdiction in this area. The Federal Aviation Administration's forthcoming remote identification rules may help resolve some of these conflicts, says Mark Dombroff of Fox Rothschild.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

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