Public Policy

  • July 03, 2020

    Trump's Niece Claims She Was Duped By President's Fraud

    President Donald Trump's niece, who is fighting to release her purportedly damning tell-all book about her family, said Thursday that the president and his siblings fraudulently induced her to enter a nondisclosure agreement based on their bogus estimates of her stake in the Trump empire.

  • July 02, 2020

    OECD Offers New Tax Reporting Rules For Gig Economy

    The providers of so-called gig economy platforms such as Uber and Airbnb will be required to report the tax information of sellers on their networks under recommended rules issued Thursday by the Organization for Economic Cooperation and Development.

  • July 02, 2020

    NY Appeals Manafort Fraud Suit Axed As Double Jeopardy

    The Manhattan district attorney urged a New York appellate court Thursday to revive a state criminal mortgage fraud case against the president's former campaign chairman Paul Manafort, arguing that the state charges are distinct from federal charges he's currently serving time for and aren't grounds for double jeopardy.

  • July 02, 2020

    DNC, Perkins Coie Must Face Defamation Suit, Page Says

    Former Trump campaign adviser Carter Page has asked an Illinois federal judge not to dismiss his defamation allegations against the Democratic National Committee and its Perkins Coie LLP legal team, arguing that his suit over the infamous "Steele Dossier" was timely and that the court should have jurisdiction over the matter.

  • July 02, 2020

    Justices Dim Dems' Hopes Of Seeing Mueller Docs By Election

    The U.S. Supreme Court's decision to hear arguments on whether the Trump administration has to give the House Judiciary Committee access to grand jury materials produced by former special counsel Robert Mueller has dealt a significant blow to Democrats' yearlong legal bid to secure those records before the November election. 

  • July 02, 2020

    Sens. Advance Child Abuse Bill Piercing Tech Liability Shield

    A U.S. Senate panel on Thursday unanimously approved a bipartisan bill that would eliminate a landmark liability protection for social media companies that fail to police child sexual abuse material, sending the bipartisan measure to the full Senate.

  • July 02, 2020

    High Court Won't Touch Rules Restricting Abortion Protestors

    The U.S. Supreme Court won't hear challenges to Chicago and Harrisburg ordinances that set boundaries on anti-abortion protesters outside of clinics, leaving in place Seventh and Third Circuit rulings upholding the buffers.

  • July 02, 2020

    United Airlines Seeks To Duck Suit Over $5B Virus Relief Deal

    United Airlines urged an Illinois federal judge on Thursday to dismiss a putative class action accusing it of breaching its agreement with the federal government over $5 billion in payroll support funds amid the coronavirus pandemic, arguing the employee who filed the suit has no statutory rights to enforce the agreement.

  • July 02, 2020

    DOI Watchdog Warns Tribal COVID-19 Funds At Risk Of Abuse

    The U.S. Department of the Interior's spending of $522 million in COVID-19 relief on programs for tribes and Native Americans could be susceptible to fraud and abuse, the DOI's Office of Inspector General has said.

  • July 02, 2020

    FERC Seeks Hill's Help After DC Circ. Dumps Pipeline Policy

    Two Federal Energy Regulatory Commissioners on Thursday urged Congress to extend the agency's administrative appeals process and give landowners more protection, two days after the D.C. Circuit blew a hole in FERC's ability to delay requests to reconsider gas project approvals.

  • July 02, 2020

    Gov. Wants Mass. Top Court To Weigh In On COVID-19 Orders

    Massachusetts Gov. Charlie Baker and a group of business owners suing him for closing them down during the COVID-19 pandemic have asked the state's top court to weigh in on whether the governor overstepped his authority during the crisis.

  • July 02, 2020

    DC Judge Knocks ICE For Detaining Teens, Altering Evidence

    A D.C. federal judge on Thursday found that U.S. Immigration and Customs Enforcement broke the law by not considering less restrictive housing options for migrant teenagers who turn 18 in government custody, and knocked the agency for altering evidence before trial.

  • July 02, 2020

    Ryanair Testing EU's Discretion In Lufthansa Aid Challenge

    Ryanair's challenge of the German government's €9 billion bailout of Lufthansa may hinge on whether European regulators missed something in their rush to combat COVID-19's economic fallout on the major carrier.

  • July 02, 2020

    Senate Dems Want Broadband Added To Defense Bill

    Several U.S. Senate Democrats are pushing to add a measure to an upcoming defense package that would set aside federal resources for broadband in schools, citing the public health crisis as the reason to tackle what they call the "homework gap."

  • July 02, 2020

    Travelers Says Flower Cos. Can't Claim $2M Pandemic Losses

    Travelers Property Casualty Co. has asked a California federal court to nix a flower importers' suit over their $2 million COVID-19-induced property loss insurance claims, arguing that the importers' insurance policy excludes coverage of the consequences of the government's decisions.

  • July 02, 2020

    Trump Appointee Dispute Belongs 'At Ballot Box,' Judge Says

    A D.C. federal judge declined Thursday to overturn a newly installed Trump appointee's sudden firings of top executives and advisory board members of federally funded international broadcasters, rejecting an internet freedom nonprofit's temporary restraining order bid because the issue belongs "at the ballot box."

  • July 02, 2020

    2020's Biggest Benefits Regulations: Midyear Report

    The U.S. Department of Labor's employee benefits arm removed barriers to profit for asset managers, investment advisers and the private equity industry, while attempting to limit ethical investments in 401(k) and pension plans. Here, Law360 recaps the three biggest DOL benefits policies of 2020 so far, which all arrived in June.

  • July 02, 2020

    Dem Bill Would Make Judicial Advocacy Groups Name Donors

    Senate Democrats introduced a bill Thursday that would require donor disclosure from groups that sponsor political advertisements about federal judicial nominations, targeting the hundreds of millions in "dark money" raised from unknown donors and spent without limits.

  • July 02, 2020

    Grubhub Says Customer Misled Court On FCC Ruling

    Grubhub Inc. told an Illinois federal court that a customer who proposed a class action over unwanted autodialed calls has mischaracterized a recent Federal Communications Commission ruling related to the definition of an "autodialer," saying it "has no relevance to this action."

  • July 02, 2020

    As Courts Punt CBD Class Actions, Attys Wait For FDA To Act

    A string of federal courts have paused consumer class actions against CBD companies until the U.S. Food and Drug Administration issues long-anticipated rules governing the products, but litigants say the regulations, once finalized, are unlikely to resolve any of the issues raised by the cases.

  • July 02, 2020

    The Biggest International Trade Stories Of 2020, So Far

    A pandemic, a bitter feud with China and the enactment of a shiny new North American trade agreement were among the many factors keeping companies and their trade attorneys busy in the first half of the year. Here, Law360 breaks down the most essential international trade developments of 2020 so far.

  • July 02, 2020

    EU To Extend State Aid Rules As COVID-19 Marches On

    The European Commission is pushing back the expiration date on a slew of state aid rules and tweaking others to account for the economic fallout caused by the coronavirus pandemic, the watchdog said on Thursday.

  • July 02, 2020

    Feds, Alaska Native Corps. Urge No More Blocks On Virus Aid

    The Treasury Department has urged a D.C. federal judge to let Alaska Native corporations receive their portion of $8 billion in COVID-19 relief, saying the only legal support that federally recognized tribes have to try to prevent the money being distributed is an earlier injunction the judge recently discarded.

  • July 02, 2020

    Seattle Council Panel Advances $174M Big-Biz Tax Proposal

    Facing a looming budget gap, Seattle City Council members advanced a $174 million annual tax proposal targeting businesses that have employees with higher incomes, defeating a competing $500 million tax proposal.

  • July 02, 2020

    Will Libra's Compliance Efforts Be Enough To Sway Critics?

    The planned Libra digital currency faced such unrelenting backlash that the group behind it modified its underlying structure and packed leadership positions with compliance experts in recent months. But whether these changes will allow the project to realize its ambitions remains uncertain.

Expert Analysis

  • Why Colo. Stay Of Trump's Water Rule Is Noteworthy

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    Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.

  • CARES Act Reanimates Sale-Leaseback Tax Benefits

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    Sale-leaseback transactions have new life thanks to the CARES Act's net operating loss changes, which give participants an opportunity to reduce effective tax rates, accelerate refunds and, in some cases, deduct 100% of their rental payments, say William Rohrer and Maximilian Viski-Hanka at Duane Morris.

  • CFIUS Latest Annual Report Reveals Key Enforcement Trends

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    Attorneys at Reed Smith discuss five takeaways from the new annual report of the Committee on Foreign Investment in the United States, which assessed the 229 notices and 21 declarations filed for CFIUS' review in 2018 and provided a first look at the impact of the Foreign Investment Risk Review Modernization Act.

  • COVID-19 Orders Unlikely To Constitute Temporary Takings

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    Although public agencies have issued a broad range of orders intended to slow the spread of COVID-19, they are likely safe from temporary takings claims due to the high hurdles for such claims and the expanded police powers granted to governments during public health emergencies, say Gene Tanaka and Emily Chaidez at Best Best.

  • Don't Count On PREP Act To Defend Pandemic IP Infringement

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    The U.S. Department of Health and Human Services' recent guidance, the rise in pandemic-related intellectual property lawsuits, and constitutional considerations suggest that parties cannot rely with certainty on the Public Readiness and Emergency Preparedness Act to protect against infringement claims, say attorneys at Gibson Dunn.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Calif. Cannabis Delivery Case May Bring Black-Market Growth

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    A win for municipalities suing the California Bureau of Cannabis Control in an upcoming trial this month would likely lead to an increase in black-market services by disallowing legal statewide marijuana delivery, say Michael Rosenblum and Lauren Chee at Thompson Coburn.

  • Altera Could Bolster State Transfer Pricing Scrutiny

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    The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.

  • High Court Clarifies CFPB's Future, Complicates CFPB's Past

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    While the U.S. Supreme Court's decision in Seila Law this week leaves the Consumer Financial Protection Bureau standing, the CFPB's director now lacks protection from presidential termination, which brings uncertainty regarding the status of past actions taken by bureau directors who were "unconstitutionally insulated" from termination, says Eric Mogilnicki at Covington.

  • Key Points For Airports Considering Rent Relief For Tenants

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    Airport sponsors are highly motivated to offer rent abatements and other support to hard-hit commercial aeronautical tenants during the COVID-19 downturn — but airports must also keep in mind their obligations to stay economically self-sustaining and to treat similarly situated tenants equally, says Paul Fraidenburgh at Buchalter.

  • Are False Accusations Of Racism A Form Of Defamation?

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    Racism is so repugnant that it is tempting to suggest that falsely labeling someone as racist should be legally considered defamation — but courts and litigants have struggled with such cases given the strict requirements of defamation law, says Phillip Zisook at Schoenberg Finkel.

  • Okla. High Court Marijuana Ruling Provides Preemption Guide

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    The reasoning in the Oklahoma Supreme Court's recent decision finding no conflict between federal law prohibiting the sale and use of marijuana and a potential state law allowing these actions may serve as a road map for other state courts faced with similar issues, say Justin Stern and Joseph Pangaro at Duane Morris.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • SEC Staff Statement Clears Way For Closed-End Funds

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    While not binding on the U.S. Securities and Exchange Commission or any court, the SEC staff's recent reversal on control share statutes returns essential tools to closed-end fund boards in certain states and may be instrumental in revitalizing the closed-end fund industry for long-term investors and fund sponsors alike, say attorneys at Skadden.

  • The Litigation Risks In Main Street Lending Program

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    Lenders and borrowers in the COVID-19 Main Street Lending Program can steer clear of litigation roadblocks with proactive compliance measures, but the U.S. Department of Justice should also facilitate the program's objectives by issuing a policy statement limiting False Claims Act actions, say Robert Huffman and Caroline Wolverton at Akin Gump.

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