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Compliance
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal
Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.
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August 23, 2024
CFTC Says Gemini's Appeal Bid Wouldn't Nix Need For Trial
The Commodity Futures Trading Commission has told a New York federal judge that even if the Second Circuit found crypto exchange Gemini Trust Co. didn't have ultimate responsibility over allegedly misleading statements about a proposed bitcoin futures contract, there would still be disputed facts requiring a trial.
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August 23, 2024
Federal Gov't Hits Georgia Tech With Cybersecurity FCA Suit
The federal government has hit the Georgia Institute of Technology with a False Claims Act suit accusing the university of knowingly failing to comply with required cybersecurity standards while working on federal defense contracts.
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August 23, 2024
La. Judge Smashes EPA Civil Rights Regulations In State
A Louisiana federal judge has granted the state's request for a permanent injunction blocking the U.S. Environmental Protection Agency from enforcing civil rights regulations in the state that involve disparate impact components.
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August 23, 2024
Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy
The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.
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August 23, 2024
Google Args Don't Erase 'History Is On, Jesus,' DOJ Says
Google employees were so conscious of hiding evidence of conduct "that leads to law suits" that they reacted quickly when forgetting to let internal chats delete automatically, the Justice Department said, pushing to punish the search giant for those policies in the looming advertising technology monopolization trial.
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August 23, 2024
Public Needs Full Record In Pebble Mine Row, Alaska Argues
Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.
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August 23, 2024
5th Circ. Strikes Down DOL Tip Rule
The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
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August 23, 2024
Brokerage Startup Challenges NAR Listing Rules
A Utah-based residential brokerage startup has accused the National Association of Realtors, an affiliated Utah multiple listing service and several major brokerages including Keller Williams Realty Inc. of engaging in an antitrust conspiracy that involved the defendants blocking the startup from accessing the NAR's MLS because the startup offers cheaper commission fees.
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August 23, 2024
The Biggest Enviro Policy Moves Of 2024: Midyear Report
As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.
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August 23, 2024
Border Agent Charged With Making Migrants Expose Breasts
An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.
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August 23, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A U.S. court in Texas has agreed with tax company Ryan LLC's general counsel that the Federal Trade Commission's ban on noncompete agreements is illegal. And women still hold fewer than 26% of law firm equity partnerships, according to Law360 Pulse's 2024 Women in Law report.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 23, 2024
Gov't Too Late In $2.3M Estate Tax Suit, Court Rules
The U.S. government waited too long to pursue more than $2.3 million in estate taxes from a Florida man accused of using his late mother's estate's funds to pay mortgage payments instead of taxes, a federal court ruled.
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August 23, 2024
DOJ Sues RealPage For Helping Fix Rental Rates
The U.S. Department of Justice filed an antitrust lawsuit Aug. 23 accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.
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August 22, 2024
Calif. Justices Revive PwC's $2.5M Sanction Against LA
The California Supreme Court on Thursday unanimously restored a $2.5 million sanction sought by PwC against the city of Los Angeles for pervasive discovery misconduct in an underlying utility billing fight, finding that the trial court had the authority to impose monetary sanctions under the state's Code of Civil Procedure.
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August 22, 2024
NLRB Stops Accepting Consent Orders That Parties Oppose
The National Labor Relations Board overruled on Thursday a Trump-era precedent by ceasing the agency's acceptance of consent orders that face objections from both agency prosecutors and the charging party, finding the practice encroaches on the NLRB general counsel's powers.
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August 22, 2024
Texas Asks Justices To Uphold Bar On Nuclear Waste Site
The state of Texas called on the U.S. Supreme Court to reject the U.S. Nuclear Regulatory Commission's attempt to upend a Fifth Circuit decision barring the agency from licensing a temporary nuclear waste storage facility in the state.
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August 22, 2024
9th Circ. Won't Force Yellow Corp. Bias Suit Into Arbitration
The Ninth Circuit refused Thursday to kick a former Yellow Corp. employee's disability discrimination lawsuit to arbitration, ruling the agreement the worker signed was improperly lopsided in favor of his employer and had to be scrapped.
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August 22, 2024
UK Antitrust Arm Pauses Google, Apple Probes For New Law
United Kingdom antitrust authorities hit pause on investigations into Google and Apple policies allegedly locking app developers into their in-app payment systems, preferring to wait until new powers come online even as officials said commitments offered by Google aren't enough to address their concerns.
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August 22, 2024
Altice Will Pay $96K To End FCC Probe Over Outages
New York-based telecom Altice admitted to running afoul of outage reporting rules in a settlement with the Federal Communications Commission Thursday, agreeing to pay a $96,000 fine after filing mandatory service disruption reports late last year.
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August 22, 2024
2 AGs Push Justices To Stay EPA Power Plant Emission Rule
Ohio and Kansas are urging the U.S. Supreme Court to pause a challenged U.S. Environmental Protection Agency rule that aims to reduce greenhouse gas emissions from power plants, arguing the unlawful rule forces plants to risk billions of dollars on unproven control technologies or shut down.
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August 22, 2024
State Bank Coalition Establishes AI Advisory Group
The Conference of State Bank Supervisors has created a new advisory group to guide it on the development and use of artificial intelligence in the financial services sector, according to a Thursday statement.
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August 22, 2024
Prince Lobel Adds Boston IP Partner From Mintz
The newest member of Prince Lobel Tye LLP's intellectual property team is a former professional soccer player who now channels his competitive energy into patent and trade secrets litigation, joining the firm after 11 years at Mintz Levin Cohn Ferris Glovsky and Popeo PC with a mandate to build up Prince Lobel's trade secrets practice.
Expert Analysis
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Electrifying Transportation With Public-Private Partnerships
Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants
The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, say Lisa Bugni and Benjamin Lee at King & Spalding.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.