Public Policy

  • December 17, 2024

    Biden Enacts Law Setting Exception To Some USPTO Fines

    President Joe Biden signed a bill into law Tuesday that gives the U.S. Patent and Trademark Office the ability to waive fines for patent applicants who falsely claim they are entitled to fee reductions, if the error was made in good faith.

  • December 17, 2024

    Texas Judge Won't Pause Block Of Corp. Transparency Law

    A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.

  • December 17, 2024

    5th Circ. Tosses EPA Rule After Agency Loses Docs

    The Fifth Circuit on Tuesday granted the U.S. Environmental Protection Agency's unusual request that the court vacate a challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan.

  • December 17, 2024

    House GOP Asks CVS How Its PBM Treats Smaller Pharmacies

    Lawmakers on Capitol Hill are demanding documents from CVS on its pharmacy benefit manager's treatment of independent pharmacies, continuing to press the healthcare giant over potentially anticompetitive conduct.

  • December 17, 2024

    The Biggest Georgia Legal Developments Of 2024

    From navigating bombshell prosecutor romance allegations in the Georgia election interference case against President-elect Donald Trump and his co-defendants to vacating a $1.7 billion verdict against Ford Motor Co. in a fatal "Super Duty" rollover case, to seeing the state's longest-running criminal trial to a close, 2024 was a busy year for courts in the Peach State. 

  • December 17, 2024

    CFPB Finalizes Rule For PACE Loans

    The Consumer Financial Protection Bureau on Tuesday finalized a rule that applies standard mortgage protections to so-called Property Assessed Clean Energy loans, where homeowners pay for upgrades through property tax bills.

  • December 17, 2024

    DHS Unveils H-1B Overhaul As Biden Admin Winds Down

    The U.S. Department of Homeland Security on Tuesday unveiled its highly anticipated overhaul of the H-1B visa program for foreign specialty workers, codifying deference to prior approvals and tightening eligibility standards for the kinds of occupations that qualify.

  • December 17, 2024

    3M Fights Michigan's Mootness Claims In PFAS Rule Suit

    Michigan is wrong to allege that 3M's challenge to rules on PFAS in tap water is moot, the company has told the state Supreme Court, claiming it will still be affected by the challenged regulations despite the state's arguments that new regulations supersede them.

  • December 17, 2024

    Ariz. Families Seek Class Cert. Over Sober Home Living Scam

    A group of Arizona families is seeking class certification in an effort to hold the state and its healthcare agencies accountable for the so-called sober living crisis, arguing that despite knowing the magnitude of fraud that was occurring, it continued to enable the multibillion-dollar scam.

  • December 17, 2024

    Biden Admin Finalizes Revamp Of Seasonal Visa Programs

    The U.S. Department of Homeland Security on Tuesday finalized changes to the program for foreign seasonal workers that will bolster worker protections, penalize employers who impose prohibited fees and make it easier for workers to change employers.

  • December 17, 2024

    US Seeks Foreclosure To Pay 'Survivor' Winner's $3.3M Taxes

    A federal magistrate judge should have recommended allowing the U.S. government to foreclose on two properties it claims are controlled by a winner of the "Survivor" TV series who owes $3.3 million in taxes, the government told a Rhode Island federal court.

  • December 17, 2024

    Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative

    The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.

  • December 17, 2024

    Tulsa Tribal Jurisdiction Fight Is Paused For Settlement Talks

    An Oklahoma federal judge has hit pause on a dispute between the Muscogee (Creek) Nation and the city of Tulsa over jurisdictional rights after the parties asked for time to participate in settlement discussions.

  • December 17, 2024

    Senate Dem's Bill Would Mandate New FCC Outage Reports

    Networks that receive funding to help them rebound from climate-related disasters would need to file new reports of outages to the Federal Communications Commission under a Democratic bill filed in the U.S. Senate.

  • December 17, 2024

    Nevada Defeats DOJ Military Bias Suit Over Pension Credits

    A Nevada federal judge tossed the U.S. Department of Justice's suit claiming Nevada and its public employees' retirement system overcharged service members for pension credits, ruling that a law protecting troops' reemployment rights doesn't let service members beef up their retirement benefits at a discounted rate.

  • December 17, 2024

    Split Pa. High Court Revives Kleinbard Fee Row Over DA Work

    The Pennsylvania Supreme Court on Tuesday revived Kleinbard LLC's bid to get Lancaster County to pay for legal work on behalf of a former district attorney, reasoning that a lower court hastily rejected the firm's factual assertions. 

  • December 17, 2024

    PG&E Secures $15B Energy Dept. Loan To Upgrade Grid

    The U.S. Department of Energy said on Tuesday that it has conditionally committed to lending Pacific Gas & Electric Co. up to $15 billion for projects aimed at expanding hydropower generation and clean energy infrastructure in California.

  • December 17, 2024

    NYC Mayor Must Face Bribery Charge For Turkish Travel Perks

    A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.

  • December 17, 2024

    NC Legal Advice Law Challenge Meets Early Demise

    A lawsuit by two paralegals and a nonprofit challenging North Carolina's ban on the unauthorized practice of law restricting who can offer legal advice has been cut short after a federal judge found the statute falls within a substantial state interest to protect its citizens.

  • December 17, 2024

    4 Recent Policy Developments Benefits Attys Should Know

    A trio of federal agencies finalized new disclosure requirements for how health plans cover mental health treatments, states took steps to regulate pharmacy benefit managers, the U.S. Department of Labor's investment advice regulations failed in court, and Congress passed legislation to make compliance with the Affordable Care Act easier. Here, Law360 looks back at four policy-related developments in the employee benefits field from the latter half of 2024.

  • December 17, 2024

    Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings

    A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."

  • December 17, 2024

    IRS Corrects Proposed Admin Requirements For Direct Pay

    The Internal Revenue Service issued a correction Tuesday to proposed regulations laying out administrative requirements for tax-exempt entities to elect out of their partnership status in order to take advantage of new rules enabling direct cash payment of clean energy tax credits.

  • December 17, 2024

    Possible 6th Circ. Picks Now That Biden's Nominee Is Done

    A district judge, state Supreme Court justice and a former Federal Energy Regulatory Commission member are among the contenders for a seat on the Sixth Circuit when the outgoing judge retires, a pending vacancy that had been a matter of contention between Tennessee's senators and the Biden administration.

  • December 17, 2024

    Ex-Pol Can't Shake Fraud Rap Over Jury's Racial Makeup

    A Massachusetts federal judge denied a Vietnamese-American former state senator's bid to undo his conviction for unlawfully accepting unemployment assistance and filing a false tax return, rejecting claims that jury selection was tainted by "racial animus" on the part of prosecutors.

  • December 17, 2024

    Colo. Atty Accused Of Poaching Seeks State Justices' Take

    It's time for Colorado's Supreme Court to weigh whether law firms may prohibit attorneys from soliciting co-workers to depart their firm together, a lawyer accused of soliciting BigLaw firms to poach her department from a Denver personal injury firm argued Monday, asserting the case is a matter of first impression.

Expert Analysis

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

  • What New Calif. Law Means For Cannabis Lounges

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    With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A View Into NY's New Business Interruption Insurance Law

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    In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.

  • Rank-And-File DOJ Attorneys Will Keep Calm And Carry On

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    Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Unpacking Arguments From High Court's Rural Hospital Case

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    During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Implementing Human Rights Due Diligence

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    The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • 3 Changes Community Banks Should Expect Under Trump

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    A second Trump administration promises a sea change for regional and community banks, including shifts in the regulatory environment, Community Reinvestment Act rules and the M&A landscape, say attorneys at Manatt.

  • DC Circ. Decision Opens Door To NEPA Regulation Litigation

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    A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

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