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Public Policy
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May 31, 2024
Colo. Establishes Middle-Income Housing Tax Credits
Colorado is creating a pilot program to provide a tax credit for developers of housing aimed at middle-income residents under a bill signed into law by Gov. Jared Polis.
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May 31, 2024
DOJ's Ad Tech Case May Go To Judge, Not Jury, After All
A Justice Department lawyer told a Virginia federal judge Friday the government is "perfectly happy" to have a bench trial accusing Google of monopolizing key digital advertising technology after the judge signaled the search giant may have short-circuited the government's original and unusual bid for a jury trial.
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May 31, 2024
Michigan Justices Say Treadmill Claims Not Filed Too Late
The Michigan Supreme Court on Friday revived a woman's claims against a delivery company she says negligently installed her treadmill, saying the state court claims related back to her timely filed claims in a previously dismissed federal court case with the same allegations.
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May 31, 2024
Pa. Media Co. Must Face Ex-Editor's Age, Disability Bias Suit
A local media company can't dodge a former editor's lawsuit claiming she was fired and replaced with younger workers for requesting to work from home because of arthritis, a Pennsylvania federal judge ruled, finding her allegations were detailed enough to move forward.
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May 31, 2024
SD School District Will Resolve Native American Disparity Claims
A South Dakota school district has agreed to resolve a 14-year-old U.S. Department of Education compliance review that found evidence that Native American students were being disciplined more frequently and harshly than others and faced discrimination in the selection for advanced placement and honors courses.
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May 31, 2024
Mountain Of Messages Dominates Week 2 In Menendez Trial
The wife of U.S. Sen. Robert Menendez asked her "handsome senator" husband for a favor that allegedly furthered a bribery scheme, coached him on what to say to Egyptian officials, and let an attorney use her phone to make a deal with him, jurors learned during the second week of trial in the government's corruption case.
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May 31, 2024
Trump's New York Prosecutors Called To House Hearing
Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.
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May 31, 2024
Colo. Justices Agree To Weigh In On Blackstone Lease Row
Colorado's high court agreed Wednesday to answer two key questions in a putative class action against Blackstone subsidiaries, after a federal judge said tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.
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May 31, 2024
A Potential Tipping Point For Transgender Athlete Litigation
After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.
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May 31, 2024
Lindell No-Shows Amid Solvency Concerns In Sanctions Fight
Attorneys for My Pillow CEO Mike Lindell were nowhere to be found Friday as a D.C. federal judge mulled how much they should pay in sanctions for counterclaims in election company Dominion's ongoing libel suit, saying he'd likely set an amount in the coming weeks.
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May 31, 2024
Wash. Prison Law Not Biased Against GEO, 9th Circ. Told
Washington state has urged the Ninth Circuit to lift a lower court's injunction blocking a law aimed at improving private prison standards, saying the law does not discriminatorily target private prison operator GEO Group Inc.
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May 31, 2024
As Broadband Subsidy Ends, Biden Pushes For Renewal
The White House pressured Congress on Friday to allocate new funding for the Affordable Connectivity Program as the subsidy officially shut down, cutting off a broadband discount to millions of low-income households.
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May 31, 2024
Colo. Judge Will Consider Kroger Divestiture Plan
A Colorado state judge ruled Friday that Kroger Co. can discuss its latest divestiture plan at a hearing on the attorney general's request to temporarily block a $24 billion proposed merger with Albertsons, saying federal courts have not excluded such evidence from similar injunction proceedings.
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May 31, 2024
Lambda Legal To Expand With $180M Campaign
Lambda Legal, a national nonprofit focused on the civil rights of LGBTQ+ people and those living with HIV, announced on Friday a $180 million fundraising campaign, along with an organizational strategy that aims to expand its legal team significantly by 2026.
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May 31, 2024
Complaints About BC Tennis Coach Led To Firing, Suit Says
A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.
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May 31, 2024
Taft Stettinius Adds 6 Ice Miller Public Infrastructure Attys
Taft Stettinius & Hollister LLP has added six public infrastructure attorneys, the firm announced Thursday, touting the new team's experience with public-private partnerships, public finance, broadband telecommunications and utilities.
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May 31, 2024
Ohio's Jailed Ex-Speaker Denies Misusing Campaign Funds
Former Ohio House Speaker Larry Householder on Friday pled not guilty to misappropriating his campaign funds to cover legal fees for the notorious bribery scandal that landed him a 20-year prison sentence.
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May 31, 2024
Del. Chancellor Questions 'Rush' To Amend Corporation Law
Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.
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May 31, 2024
DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz
The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."
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May 31, 2024
Trump Condemns NY Trial As Verdict Echoes In DC
A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.
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May 31, 2024
Texas Judge Opts Not To Recuse And Tosses Chamber Suit
A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.
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May 31, 2024
LA Renews Bid To Toss Mich. Man's Pot Equity Licensing Suit
The city of Los Angeles is once again asking a California federal court to dismiss a Michigan man's challenge to the residency requirement of its social equity cannabis license program, saying the Constitution's dormant commerce clause doesn't apply.
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May 31, 2024
Fuel Producers Should Apply ASAP For Tax Credit, IRS Says
Fuel producers hoping to start claiming the clean fuel production credit as soon as January should register with the Internal Revenue Service by July 15, the agency said Friday, warning that registration applications made after that date are less likely to go through in time.
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May 30, 2024
Warren Pushes To Clinch 'Popular' Drug Patent 'March-In' Plan
Sen. Elizabeth Warren, D-Mass., and Rep. Lloyd Doggett, D-Texas, Thursday urged the U.S. Department of Commerce to finalize a proposal that would allow the government to take possession of "taxpayer-funded" patents on drugs and lease them to generic-drug makers, saying the "popular framework will help reduce exorbitant drug costs."
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May 30, 2024
Trump's Niece Can't Escape His Suit Over NYT Tax Story
A New York appellate panel ruled Thursday that former President Donald Trump can pursue claims that his niece, Mary Trump, breached a confidentiality agreement by sharing his tax records with The New York Times, handing him a legal win the same day he was convicted of 34 felony counts.
Expert Analysis
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Expect An Increase In Robinson-Patman Act Enforcement
Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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EPA Chemical Safety Rule Raises Questions About Authority
Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Bracing For The CFPB's War On Mortgage Fees
As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.
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Georgia's Foreign Lobbying Bill Is Not A FARA Copycat
Though a recently passed bill in Georgia aims to mirror the transparency goals of the federal Foreign Agents Registration Act by imposing state-specific disclosure requirements for foreign lobbyists, the legislation’s broad language and lack of exemptions could capture a wider swath of organizations, say attorneys at Holtzman Vogel.