Public Policy

  • October 11, 2019

    Trump Attys Tell 2nd Circ. Presidents Immune From Criminal Probes

    Lawyers for President Donald Trump argued Friday that as a sitting president, he has “absolute immunity” from criminal investigations and therefore the Second Circuit should block the Manhattan district attorney from subpoenaing Trump’s tax returns.

  • October 11, 2019

    State Dept. Hit With FOIA Suit For Info On Giuliani In Ukraine

    The Protect Democracy Project sued the U.S. Department of State in Massachusetts federal court on Friday in a quest for information about interactions Rudy Giuliani has had regarding how his client President Donald Trump's "personal political interests may have come to dominate U.S. diplomatic activities in Ukraine."

  • October 11, 2019

    New CFPB 'Task Force' To Review Consumer Financial Law

    The Consumer Financial Protection Bureau said it's putting together a "task force" to conduct a wide-ranging survey of the consumer financial regulatory landscape and recommend improvements, a project that some consumer advocates worry could just wind up providing cover for industry-friendly rule changes.

  • October 11, 2019

    Look Beyond Crypto Labels, SEC, CFTC And FinCEN Warn

    A trio of federal financial regulators released a joint statement on Friday urging anyone dealing with digital currencies to ensure they are adhering to obligations under anti-money laundering and countering the financing of terrorism regulations, regardless of what those digital assets are called.

  • October 11, 2019

    Up Next At High Court: Puerto Rican Debt Crisis, DC Sniper

    The Puerto Rican debt crisis and the D.C. sniper shootings are among the cases that will come before the U.S. Supreme Court this week. The justices will grapple with the scope of the Constitution's appointments clause and their own recent juvenile sentencing rulings. Here is what to expect.

  • October 11, 2019

    SF Businessman Tied To Giuliani Associates Gets $1M Bond

    A California federal judge set a $1 million bond on Friday for a San Francisco businessman facing charges that he and associates of the president's personal lawyer Rudy Giuliani violated campaign finance laws in seeking influence for Ukrainian officials, ordering the man to home detention once he posts the money.

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    Battles Over California's Dynamex Law Just Beginning

    Assembly Bill 5, California's new law making it harder for businesses to classify their workers as independent contractors, has garnered a lot of attention for its potential to disrupt the so-called gig economy. But there's an abundance of unanswered questions about how it will change the way businesses operate.

  • October 11, 2019

    6th Circ. Keeps Block On Ohio Down Syndrome Abortion Ban

    The Sixth Circuit on Friday blocked an Ohio law that would have criminalized abortion based on a Down syndrome diagnosis, saying U.S. Supreme Court precedent protecting a woman's right to an abortion isn't outweighed by the state's interest in preventing disability discrimination.

  • October 11, 2019

    Acting DHS Head McAleenan Leaving Trump Administration

    The acting head of the U.S. Department of Homeland Security, Kevin McAleenan, is leaving the agency after a six-month stint as its interim leader, President Donald Trump said late Friday.

  • October 11, 2019

    Generics, Others Back Impax Against FTC In 5th Circ.

    A trade group for the generic pharmaceutical industry, along with others, threw support Thursday behind Impax Laboratories LLC's Fifth Circuit appeal seeking a reversal of a Federal Trade Commission decision in a generic delay case, arguing the agency got its analysis all wrong.

  • October 11, 2019

    After Mississippi Exit, AGs' T-Mobile Suit May Dwindle

    The coalition of 18 state attorneys general suing to block the Sprint-T-Mobile merger showed signs of splintering when Mississippi departed the lawsuit, raising the possibility that other rural states will also strike deals securing additional mobile coverage commitments and cementing their support for the merger.

  • October 11, 2019

    States Can't Monetize Power Of Law, Group Tells Justices

    A group called Public.Resource.Org has filed its opening shot in a U.S. Supreme Court case over whether states like Georgia can claim copyright ownership of legal texts, saying private publishers shouldn’t be allowed to monetize the value of legal authority.

  • October 11, 2019

    Treasury Given New Powers To Sanction Turkey

    The U.S. Department of the Treasury will be granted new powers to sanction Turkish officials if Turkey targets civilians or ethnic and religious minorities during military operations in Syria, Treasury Secretary Steven Mnuchin said Friday.

  • October 11, 2019

    Satellite TV Cos. Slam Broadcasters' 'Deceptive' STELAR Ads

    A Facebook ad campaign the National Association of Broadcasters is running to drum up support for the expiration of a satellite law is "deceptive," a lobbying group for cable and satellite providers said Thursday. 

  • October 11, 2019

    Mass. Gov. Fights To Keep Vape Ban Fight In Fed. Court

    Massachusetts Gov. Charlie Baker on Friday blasted efforts by vape companies and e-cigarette retailers to take their battle over his vape ban down to state court after they suffered an early loss in federal court, calling the move "purely tactical" and "opportunistic."

  • October 11, 2019

    Calif. Gov. Signs Pro-Worker Laws Banning Forced Arbitration

    California Gov. Gavin Newsom signed sweeping worker-friendly bills into law Thursday, criminalizing mandatory arbitration provisions in workers’ contracts and issuing a wide-ranging set of new legal requirements aimed at combating sexual harassment at work and improving worker conditions and safety.

  • October 11, 2019

    Conn. Says DHS Ignored State Pardons In Deportation Cases

    The state of Connecticut slammed the Trump administration for moving to deport immigrants based on crimes for which they had been pardoned, accusing the federal government of illegally ignoring the state's pardon system and stepping on state sovereignty.

  • October 11, 2019

    Lack Of Broadband Data Dooms Subsidy Cap, Groups Say

    The Federal Communications Commission should not impose an overall spending cap on its broadband and telephone subsidy programs because it still doesn't know the extent of the "digital divide" that the programs are meant to address, public interest groups said in a filing posted Thursday.

  • October 11, 2019

    FTC Competition Bureau Head Leaving Next Month

    The Federal Trade Commission announced Friday that Bureau of Competition Director Bruce Hoffman will be leaving the agency in November and will be replaced by his deputy, Ian R. Conner.

  • October 11, 2019

    Localities Urge FCC Not To Presume Infrastructure Rates

    The Federal Communications Commission should reject Verizon's attempt to lower what it claims are inflated wireless infrastructure fees in a Nevada county, an array of localities has told the agency, saying that ruling on specific acceptable rates would be an overreach of the commission's authority.

  • October 11, 2019

    FDA Focus: What BakerHostetler's Practice Chair Is Watching

    The co-leader of BakerHostetler's U.S. Food and Drug Administration practice tells Law360 he’s alarmed by a surge of contaminated drugs, watching for possible legal challenges to government crackdowns on vaping and concerned that large drug compounders will shut down because of FDA restrictions.

  • October 11, 2019

    Infowars Can't Use Free Speech Law To End Sandy Hook Suit

    Alex Jones and Infowars cannot use a Texas free speech law to end a lawsuit that seeks damages for intentional infliction of emotional distress over Jones' comments that the Sandy Hook Elementary mass shooting may not have happened, a Texas appellate court ruled Friday.

  • October 11, 2019

    ICE Still Violating Immigrants' Due Process, Mass. Judge Says

    U.S. Immigration and Customs Enforcement is still routinely violating the legal process for examining whether detained immigrants should be released, a Massachusetts federal judge concluded Friday after questioning an ICE official as part of a lawsuit brought by a class of immigrants and their U.S. citizen spouses.

  • October 11, 2019

    Trump's Medicaid Work Requirements Questioned By DC Circ.

    A three-judge panel of the D.C. Circuit on Friday rebuked the Trump administration for failing to properly consider health insurance coverage losses when it approved work mandates in the federal-state health program for low-income people in Arkansas and Kentucky last year.

Expert Analysis

  • Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

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    At Oct. 7 oral arguments before the U.S. Supreme Court in Peter v. NantKwest, the justices seemed unsympathetic to the U.S. Patent and Trademark Office's position that "expenses" in Section 145 of the Patent Act includes the agency's attorney fees, which applicants must pay even if they prevail, says Lina Xing of LexShares Inc.

  • Opinion

    High Court Should Allow Resentencing For Juvenile Offenders

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    While prosecuting the D.C. sniper in 2006, I spent hours with his 17-year-old accomplice, Lee Boyd Malvo. Since working with Malvo and other juvenile offenders, I have come to believe the U.S. Supreme Court should follow its own precedent and allow resentencing hearings for minor offenders serving life without parole, says Vivek Chopra of Perkins Coie.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • FinCEN 'Travel Rule' Update Sets Challenges For Crypto Cos.

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    It is unclear how the virtual currency sector will find a practical way to comply with the recent expansion of the Financial Crimes Enforcement Network regulation known as the travel rule, but any solution is likely to have both unintended consequences and unintended benefits, say attorneys with King & Spalding.

  • How The Opportunity Zone Rules Can Work For Entrepreneurs

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    Recent guidance from the U.S. Department of the Treasury establishes three safe harbors businesses can satisfy to be considered as operating in an opportunity zone. Doug Jones at McGinnis Lochridge provides illustrative examples of what may turn out to be common fact patterns of entrepreneurs taking advantage of the program.

  • Despite Legalization, Marijuana Usage Is Risky For Ill. Tenants

    Excerpt from Lexis Practice Advisor
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    For many Illinois residents, the passage of the Cannabis Regulation and Tax Act was cause for celebration. However, the fact that marijuana remains illegal at the federal level, combined with the Illinois Eviction Act, means that marijuana use can still lead to eviction, says Richard Toboz of Heavner Beyers.

  • Justices' View Of Their Role May Influence LGBTQ Bias Cases

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    Arguments at the U.S. Supreme Court on Oct. 8 in a trio of Title VII discrimination cases involving gay and transgender workers show the decisions may hinge on whether the justices feel they should ensure case law evolves to remain relevant or interpret the legislature’s intent, say Donna McElroy and Katina Zampas at Dykema.

  • Sports Gambling Compliance: Big Money Worth The Wager

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    As America teeters on the edge of a sports betting revolution, both prudent betting operators and the banks they use should roll out tailored compliance programs that effectively manage reputational, regulatory and business risks to avoid civil or criminal penalties, say attorneys at Cadwalader.

  • PayPal Case Illustrates Difficulty Of Avoiding CMA Penalties

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    The U.K. Competition and Markets Authority's recent fine against PayPal for violating U.K. merger control rules — despite the company's attempts to put safeguards in place — demonstrates how rigid the CMA can be when it comes to initial enforcement orders, say attorneys at Fried Frank.

  • State Net

    States May Slow Spread Of Vehicle Subscription Services

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    Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

  • Chinese Acquisitions Even More Uncertain In New CFIUS Era

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    While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

  • Unpacking The Harvard Admissions Ruling And What's Next

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    While a Massachusetts federal judge's decision last week in Students for Fair Admissions v. Harvard is a welcome development for institutions that rely on race-conscious admission practices, it also illustrates the exhaustive steps needed to justify what are often modest uses of race, say Scott Schneider and Paige Duggins-Clay at Husch Blackwell.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Pa. Ruling Leaves Room For Oil And Gas Reg Challenges

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    While the Commonwealth Court of Pennsylvania’s decision in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection upheld state agencies’ authority to promulgate oil and gas drilling rules, the decision made clear that the rules themselves are not immune from judicial scrutiny, says Michael Aceto of Goldberg Segalla.

  • 3 Policy Developments To Watch As US-China Divide Grows

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    While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.