Public Policy

  • September 24, 2020

    FDA OKs Import Of Some Prescription Drugs From Canada

    The U.S. Food and Drug Administration announced a final rule Thursday that would allow states, tribes, pharmacists and wholesalers to import certain prescription drugs from Canada, following through on an executive order signed by President Donald Trump in July.

  • September 24, 2020

    3 Highlights As Trump Makes Flimsy Vow On ACA Protections

    President Donald Trump on Thursday delivered a seemingly toothless promise to shield Americans with preexisting conditions, issued an ultimatum on legislation to curb surprise medical billing and unexpectedly announced he's mailing tens of millions of $200 drug discount cards just before the election.

  • September 24, 2020

    CFPB Urged To Drop Credit Reporting Dispute Deadline Relief

    Consumer advocates urged the Consumer Financial Protection Bureau on Thursday to get tougher about holding the credit reporting industry to legally mandated deadlines for investigating error disputes, arguing there's no good reason for continuing the regulatory lenience that the agency pledged at the outset of the coronavirus pandemic.

  • September 24, 2020

    Insurers Lose ACA Health Exchange Tax Challenge In DC

    Washington, D.C.'s highest court tossed a lawsuit Thursday brought by a group of insurers challenging the District of Columbia's tax on non-Affordable Care Act plans to fund the district's health care exchange, ruling the tax was not preempted by the landmark law.

  • September 24, 2020

    Nevada Regulator Seeks 10-Year Ban For Pot Co.

    A Nevada dispensary is facing the revocation of its cannabis license and a 10-year ban from the industry after the state's cannabis regulator issued a complaint alleging the company lied to authorities about destroying some of its product.

  • September 24, 2020

    TM Examiners Notch Win In Fight Over Trump's Exec Orders

    An arbitrator has found that parts of two Trump administration policies that limited what job terms federal agencies must negotiate with unions and that curbed on-the-job union activity must be axed.

  • September 24, 2020

    Barrett Remains Top Contender For Supreme Court Pick

    Seventh Circuit Judge Amy Coney Barrett appears to have maintained her spot atop a short list of U.S. Supreme Court candidates ahead of President Donald Trump's public announcement Saturday, conservative sources told Law360 on Thursday.

  • September 24, 2020

    Reps. To Review ICE Contracts With Berkeley Research Group

    The House Committee on Homeland Security called on U.S. Immigration and Customs Enforcement on Thursday to provide copies of agency contracts worth $7.7 million with Berkeley Research Group, where acting Secretary Chad Wolf's wife is an executive.

  • September 24, 2020

    Judge Eyes Blocking USCIS Rule Hiking Immigrant Aid Fees

    In weighing whether to block a contentious Trump administration rule raising fees immigrants pay for naturalization and other services, a D.C. federal judge on Thursday zeroed in on claims the increase was arbitrary and crafted by acting officials who lacked rulemaking authority.

  • September 24, 2020

    Groups Call For Pebble Mine Permit Axe After CEO Resigns

    Advocacy groups say a controversial Alaska gold and copper mine should not receive a key federal water permit after newly released tapes that allegedly show developers misled the public and regulators about future plans for the project.

  • September 24, 2020

    EPA Downplays Pesticide Risks As Greens Ready For Battle

    The U.S. Environmental Protection Agency this week released a watered-down risk assessment for the pesticide chlorpyrifos, undermining the potential for a broad federal clampdown on the use of a chemical that environmental and community groups — and the previous administration — have argued poses unacceptable health risks to humans, especially pregnant women and fetuses.

  • September 24, 2020

    Top Dems Float Tightened Worker Classification Test

    Leading Democrats floated a plan Thursday to tighten the federal test for classifying workers as independent contractors, days after the U.S. Department of Labor issued a rule making it easier for businesses to show workers are not their employees.

  • September 24, 2020

    FirstNet Must Do Better Job Of Connecting, Sens. Told

    Senate Commerce Committee members pressed leaders of a public-private emergency response network on Thursday to explain how the so-called FirstNet project is overcoming shortcomings in its efforts to communicate with tribal communities and others it must reach as part of its buildout.

  • September 24, 2020

    Calif. Regulator Says Pot Co. Made $64M Of Illicit Gummies

    California's cannabis regulator has accused a Los Angeles-area manufacturer of flooding the regulated market with $64 million worth of cannabis gummies that were produced without proper licensing.

  • September 24, 2020

    3rd Circ. Says Janus Can't Nix Airline Union Nonmember Fees

    The Third Circuit on Wednesday held that the Railway Labor Act authorizes a union representing United Airlines workers to charge fees to nonmembers, rejecting the workers' argument that the U.S. Supreme Court's Janus ruling and two others established the fees violate the First Amendment.

  • September 24, 2020

    Coronavirus Litigation: The Week In Review

    Disney faces claims that it wrongfully barred a maskless autistic boy from one of its stores, a racing group says Coca-Cola used the pandemic to ditch a $34 million sponsorship agreement, and an ex-UPS worker says she was wrongfully fired for taking time off work to quarantine.

  • September 24, 2020

    AGs Defend Ky. Over Amazon Seller Price-Gouging Probes

    Over 30 attorneys general urged the Sixth Circuit on Wednesday to unblock Kentucky's investigations into Amazon merchants, arguing state price-gouging rules are a vital consumer protection tool amid the COVID-19 pandemic that do not unconstitutionally interfere with a retailer's right to set prices across state lines.

  • September 24, 2020

    Bolton's Defense Of Book Release Meets Skeptical Judge

    A D.C. federal judge repeatedly fired back Thursday at John Bolton's defense team's assertion that the former national security adviser fully complied with his government contract before publishing his highly anticipated White House memoir, which detailed an unflattering account of President Donald Trump's conduct in office.

  • September 24, 2020

    Hawley Pushes Bill To Let Social Media Users Sue Platforms

    Sen. Josh Hawley, R-Mo., urged colleagues from the Senate floor Thursday to advance his bill that would let social media users sue Big Tech platforms if they believe they have been silenced or discriminated against.

  • September 24, 2020

    UK Antitrust Watchdog Clears Private Health Care Takeover

    The U.K.'s competition enforcer on Thursday cleared private medical insurer Bupa's planned takeover of an insurance agency after a probe into the deal launched last month failed to uncover any issues.

  • September 24, 2020

    Pa. Justices Won't Halt Extension Of Mail-In Ballot Deadline

    The Supreme Court of Pennsylvania said Thursday that it won't pause part of its ruling extending deadlines for mail-in ballots while Republicans appeal the decision to the U.S. Supreme Court.

  • September 24, 2020

    Chancery Presses Del. GOP On 'Equity' Of Mail-In Vote Block

    A Delaware vice chancellor pressed an attorney for state Republicans on the party's challenge to a recent mail-in voting law, noting Thursday that the bid to purportedly protect the vote could nullify more than 500,000 vote-by-mail applications already issued.

  • September 24, 2020

    Mnuchin Backs PPP Auto-Forgiveness But Says To Still Apply

    Treasury Secretary Steven Mnuchin told senators on Thursday that he'd be on board with lawmakers authorizing simpler forgiveness for smaller Paycheck Protection Program loans, but he advised small-business borrowers not to play the waiting game.  

  • September 24, 2020

    Pa. Judge Wonders If USPS Changes Are 'Transformative'

    A Pennsylvania federal judge questioned Thursday whether U.S. Postal Service changes that led to slowdowns in mail delivery over the summer were misinterpreted directives from the postmaster general or a more "transformative" change that should've gone before federal regulators.

  • September 24, 2020

    Pa. Eatery Defying Mask Mandate Launches Suit At Officials

    The Pittsburgh-area restaurant under regulatory fire to shut down for defying a statewide COVID-19 mask mandate shot back with a lawsuit of its own, claiming the rule has no scientific backing despite its attorney acknowledging Thursday that the eatery's complaint "probably overstated" information doubting facial coverings' efficacy.

Expert Analysis

  • New 'Buy American' Rules Bear Risks For Prime Contractors

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    A recently proposed Federal Acquisition Regulatory Council rule maximizing the use of American-made goods only applies to a narrow set of procurements, but for prime contractors subject to the Buy American Act, the changes may significantly disrupt supply chains, say Amy Conant Hoang and Erica Bakies at K&L Gates.

  • DOJ Support Of SEP Injunctions Should Stabilize Licensing

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    The U.S. Department of Justice's recent letter to the Institute of Electrical and Electronics Engineers, which explicitly supports standard-essential patent owners in their pursuit of injunctive relief and favors a diminished role for antitrust enforcement in intellectual property disputes, bodes well for rebalancing the licensing market, say attorneys at Mintz.

  • Elections May Decide Fate Of Gig Worker Classification Regs

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    The future of the gig economy's nonemployee model could hinge on the upcoming federal and California state elections, with the Democratic presidential candidate's regulatory approach at odds with a recent U.S. Department of Labor proposal that would make it easier to label workers as contractors, say Paul DeCamp and Michael Kun at Epstein Becker.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
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    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • Framing The Legacy Of The SEC Under Clayton

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    Attorneys at Sidley analyze recent speeches from U.S. Securities and Exchange Commission Chairman Jay Clayton and Division of Enforcement Director Stephanie Avakian in light of the commission’s last four years of enforcement achievements, and with an eye toward the agency’s forward priorities.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Balancing Newly Divergent State, USPTO Ethics Rules

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    In light of the U.S. Patent and Trademark Office's stringent ethics rules and failure to adopt a choice-of-law rule, intellectual property attorneys practicing in states that recently adopted more progressive ethics rules may have to modify their practice to avoid discipline, say attorneys Emil Ali and Michael McCabe.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

  • Competing Libor-Transition Proposals Create More Problems

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    While the U.S., U.K. and EU have proposed legislation in anticipation of the approaching Libor end date, the multiplicity of their approaches gives rise to uncertainty for market participants rather than eliminating it, say Anne Beaumont at Friedman Kaplan and Janine Alexander and Audrey Favreau at Collyer Bristow.

  • NLRB Memo May Void Some Union-Employer Neutrality Pacts

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    A recent National Labor Relations Board guidance memo setting parameters for union organization neutrality agreements suggests that arrangements calling for more than ministerial aid from a nonunion employer may be vulnerable to legal challenge, say attorneys at Sheppard Mullin.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • A Close Look At CFIUS' New Critical Tech Reporting Rule

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    A recently finalized rule from the Committee on Foreign Investment in the United States, aligning transaction reporting requirements with export control regulations for critical technology, brings several new considerations for buyers and sellers, says Zlatko Hadzismajlovic at McCarter & English.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Va. Cos. Must Know The Limits Of COVID-19 Liability Waivers

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    Virginia businesses that require customers to sign liability waivers covering COVID-19-related injuries can still be held liable for negligence — but the right contractual language can help companies argue that the injured party assumed the risk of injury from the virus, say Ian Hoffman and Amy Johnson at Arnold & Porter.

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