Tax Law
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Environment / Environmental Law, Federal Government
Critical Habitat Designations Pose Substantial Threat to Oil and Gas Development
The federal government can restrict access to public lands for oil and gas drilling purposes through a number of means. -
Federal Government, Health Care / Medicine
FDA Extends Risk-Based Medical App Approach to Medical Device Data Systems in New Guidance
When it comes to health IT products, FDA’s policy aims to keep unnecessary FDA regulation from impeding the progress of new technologies that offer important benefits in the delivery of health care services and in supporting individual health needs. -
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Federal Government, Finance
The Fed’s Goals, Strategies, and Tactics for an Improved U.S. Payment System
The Federal Reserve System recently issued a paper titled Strategies for Improving the U.S. Payment System that provides a roadmap for end-to-end payment system advances over the short and long term.
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Federal Government, Finance
Federal Guidance: 6 Principles for Banks Originating Student Loans with Graduated Payments
On January 29, five federal regulatory agencies issued new guidance regarding private student loans with graduated repayment plans that allow borrowers to make lower monthly payments early in the loan term with increases to coincide with projected income growth. -
Federal Government, Technology
The Internet of Things: What All Companies Need To Know About the FTC Report
The FTC released its Report on the Internet of Things (“IoT”) on January 27, 2015 (“Report”). While the Report is specific to IoT, including devices such as wearable fitness trackers and internet connected cameras and televisions, there are key takeaways for all companies operating online[1]. -
Marijuana, Tax Law
Nothing Is Certain Except Death And (Marijuana) Taxes
As marijuana businesses seek to capture as many deductible expenses as they can, they run the real risk of the IRS disagreeing and finding themselves audited or hit with a penalty. -
Federal Government
New P3 Infrastructure Opportunities on the Way for Government Contractors?
In his recent State of the Union address, President Obama proposed expanding a program that encourages state and local governments to fund infrastructure projects through public-private partnerships (or P3s). If it comes to fruition in Congress, the program could lead to new opportunities for heavy, highway, and infrastructure contractors across the country. -
Federal Government, Health Care / Medicine
Not All Sensitive Health Information is Protected Health Information Under HIPAA
Individual sensitive health information (ISHI) and the communication thereof may not constitute protected health information (PHI) that is regulated by HIPAA... -
Federal Government
Agency Capture: Is It Worth It?
Biglaw or government work? There are a lot of tradeoffs to weigh. -
Morning Docket
Morning Docket: 01.26.15
* Senate Republicans are contemplating abolishing filibusters for SCOTUS nominees. This could go one of two ways: it could work out nicely for them, or explode in their faces. It’s like a choose your own adventure game. [POLITICO]
* When it comes to the upcoming gay marriage cases before SCOTUS, “[e]very lawyer involved will want to argue.” Remember, when you’re given the chance to make history, you better hope that you’re on the right side of it. [National Law Journal]
* “[I]f there is one decision I would overrule, it is Citizens United.” Even RBG thinks this campaign finance decision is one of the Supreme Court’s “darkest hour[s].” [Salon]
* SCOTUS refused to stay Charles Warner’s execution, but it agreed to grant cert on his lethal injection case days after his death. Better late than never? [New York Times]
* The NFL has drafted Ted Wells of Paul Weiss to blow up the absurd controversy that is “Deflategate.” Come on, who cares if the Patriots cheated again? [WSJ Law Blog]
* Do you know any chronic Biglaw firm-hoppers? How many firms are too many to lateral to? Three? Five? Seven? Jesus Christ, for this guy, try 10 firms. [Am Law Daily]
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Federal Government, Legal Ethics, Public Interest
Agency Capture: Who Is The Client?
When a government lawyer answers a legal question, whose question is he answering, and for whose benefit? When a government lawyer takes a position, whose interests or preferences is she advancing? -
Federal Government
House Passes “40 Hour” Legislation to Modify the Affordable Care Act
On January 8 2015, the US House of Representatives passed H.R. 30, the Save American Workers Act, with a final vote of 252-172. The bill, which would reform the definition of “full-time employee” in the Affordable Care Act to the industry-standard 40 hours per week. -
Non-Sequiturs
Non-Sequiturs: 01.14.15
* Judge really, really works hard to make classic rock references in this opinion. Guess he Can’t Get Enough of his Rock ‘n Roll Fantasy. [South Florida Lawyers]
* Trouble in paradise? Well, no. But trouble in D.C.: American University law professor accuses George Washington Law of predatory poaching. [TaxProf Blog]
* America should offer a $200 tax credit for political contributions. As always, you can buy more tax loopholes with higher contributions. [Los Angeles Times]
* Baby justices are hatching from their eggs. [The Onion]
* New York City Council member is looking to cap Uber’s surge pricing at 2x. Or, you know, people could use the function on the app that tells you how much you’re going to be charged. [Gawker]
* Continuing analysis of the California Bar Exam results. In case you were wondering how the correspondence and distance learning schools performed. [Bar Exam Stats]
* The Supreme Court hands down an interesting sentencing law opinion today. Finally, I got a FantasySCOTUS prediction (mostly) right! [Sentencing Law and Policy]
* If lowly work were considered cool, we wouldn’t have all those annoying stereotypes sitting next to us. [Law and More]
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Quote of the Day, Tax Law
Tax Lawyers Are Just Like Rock Stars, But Even Sexier
Deep down inside, each and every tax lawyer is really a rock star. -
Federal Government
Congress Makes It Possible to Reduce Some Union Pensions
As a part of the Consolidated and Further Continuing Appropriations Act, 2015, passed by Congress and signed by the President on December 18, 2014, the 161-page "Multiemployer Pension Reform Act of 2014" (Act) gives the trustees of a financially troubled multiemployer pension plan (and in some cases the federal government) the ability to temporarily or permanently reduce plan benefits for active and/or retired participants in order to keep the plan solvent, along with other changes. -
Federal Government
FERC Enforcement – What To Expect In 2015
The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as detecting and deterring fraud and manipulation in its markets and ensuring the safety and reliability of the grid. -
Fabulosity, Rankings
30 Under 30: The Top Young Lawyers And Policymakers (2015)
Know anyone on this august list? If so, congratulate them! -
Federal Government
HIPAA Hurdles in 2015
Peering ahead into 2015 and hoping to surpass Michael’s status as Fox Rothschild’s HIPAA soothsayer, I thought I would take a stab at predicting a few HIPAA hurdles that covered entities, business associates, and their advisors are likely to face in 2015. -
Federal Government
Agency Capture -- Winning
When it comes to federal agencies, the concept of "winning" can be a lot fuzzier than it is in the private sector.