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Public Policy
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September 30, 2024
J&J Backs Off 340B Rebate Plan Following Feds' Objections
Johnson & Johnson abandoned its plan Monday to offer rebates rather than upfront discounts for two medications under the 340B drug pricing law, contending it had no choice after a federal agency threatened to impose excessive penalties.
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September 30, 2024
Arizona Legislature Says State Can't Slip Monument Suits
The Arizona State Legislature fired back at Democratic Gov. Katie Hobbs' attempt to dismiss its lawsuit seeking to upend the Biden administration's creation of a national monument on an Indigenous site, defending its alleged injuries as "concrete and imminent."
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September 30, 2024
Biden Admin Expands Asylum Curbs At Southern Border
The Biden administration on Monday quadrupled the length of time during which stringent asylum restrictions that were introduced in June will remain in effect.
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September 30, 2024
FCC Approves Audacy's Soros Deal, Triggering GOP Anger
The Federal Communications Commission has given the green light to the purchase of an ownership interest in bankrupt radio station owner Audacy Inc. by a fund manager with ties to George Soros.
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September 30, 2024
Red States Back High Court Bid To Undo Mont. Voting Order
Fifteen Republican-led states are backing a U.S. Supreme Court petition by Montana that looks to undo a determination that two voting laws hindered Native Americans and students from participating in the election process, arguing that the state's high court transgressed the ordinary bounds of judicial review in making its decision.
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September 30, 2024
Claims Trimmed In Neb. Medical Pot Legalization Fight
A Nebraska state judge has dismissed two out of four claims in a lawsuit aiming to block voters from deciding on ballot measures that could legalize medical cannabis and establish a system regulating its manufacture and sale.
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September 30, 2024
Indiana's TikTok Kids Safety Suit Revived On Appeal
An Indiana appeals court on Monday revived the state's suit against TikTok Inc. alleging it violated state law by downplaying the risks of personal data being accessed by the Chinese government, finding that state courts do have jurisdiction over the company.
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September 30, 2024
Kids Face 'Very Uphill' Climb To Save Reworked Climate Suit
A California federal judge indicated Monday that he will likely toss amended allegations that the U.S. Environmental Protection Agency's climate policies run afoul of children's constitutional rights, saying the plaintiffs face a "very uphill" battle to conform the lawsuit with binding Ninth Circuit precedent.
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September 30, 2024
Missouri Drops Appeal Intended To Save ESG Regulations
Missouri has asked the Eighth Circuit to dismiss its appeal of a federal judge's decision finding that the state's anti-environmental, social and governance regulations for brokers and advisers violate the First Amendment and are preempted by federal laws.
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September 30, 2024
T-Mobile To Pay $31.5M In FCC Data Breach Settlement
T-Mobile has agreed to settle a group of Federal Communications Commission data breach cases for $31.5 million, the agency announced Monday.
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September 30, 2024
AT&T Exec Seeks Bribery Acquittal After Mistrial
Former AT&T Illinois President Paul La Schiazza asked a federal judge Friday to acquit him outright on charges that he illegally influenced ex-Illinois House Speaker Michael Madigan to support legislation that would have benefited the telecommunications giant, days after a jury deadlocked and a mistrial was declared in his bribery case.
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September 30, 2024
Ex-UNC Prof Claims Admin Tapped Classroom In Firing Suit
A Native American former professor at the University of North Carolina has taken the school to federal court for allegedly recording his lectures without his consent and terminating him in retaliation for his public comments criticizing what he says is a lack of proper diversity initiatives at the university.
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September 30, 2024
FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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September 30, 2024
Texas Says 5th Circ. Border Buoy Ruling Is No Court Split
The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.
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September 30, 2024
Insurer Says Miami Can't Toss Retaliation Coverage Dispute
An insurer for the city of Miami sought to maintain its action seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, arguing that it didn't "commingle" claims regarding its potential defense and indemnification obligations.
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September 30, 2024
DC Circ. Urged To Revisit Retroactive FARA Registration
The U.S. Department of Justice is pressing the D.C. Circuit to reconsider a ruling that barred the federal government from suing to compel former foreign agents to register their onetime foreign influence efforts, arguing that the precedent behind the ruling wrongly hamstrings the DOJ's ability to enforce the Foreign Agents Registration Act.
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September 30, 2024
Calif. Gov. Signs Bill To Allow Cannabis Cafes
California Gov. Gavin Newsom on Monday approved a bill that would pave the way for cannabis retailers to sell food and drink for on-site consumption — akin to the cannabis cafes found in Amsterdam — as well as host live events on their premises.
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September 30, 2024
Smart Car Equipment Makers Call For C-V2X rules
High-tech automakers are pushing the Federal Communications Commission to finalize cellular vehicle-to-everything rules, telling the commission that the wait for clear regulation has delayed the technology's rollout.
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September 30, 2024
DC Ethics Hearing Starts For 3 Attys Over 2020 Election Suits
Three attorneys "essentially weaponized their law licenses" to subvert the will of voters and undermine public confidence in elections when they worked on lawsuits challenging the results of the 2020 presidential contest, a lawyer with the D.C. Office of Disciplinary Counsel told an ethics committee in the nation's capital on Monday.
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September 30, 2024
Ga. Dems Drop Election Law Challenge After Failed Injunction
Georgia's Democratic Party has agreed to drop — for now — a suit challenging a state law that allows certain political candidates to sidestep campaign contribution limits after a federal judge denied the party's bid for an injunction blocking the statute earlier this month.
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September 30, 2024
NJ Justices Will Take Up Jersey City Gerrymandering Case
The New Jersey Supreme Court has agreed to weigh in on whether the ward maps in the state's second-largest city, which were redrawn after the 2020 census, were properly laid out for compactness or were configured in violation of voters' civil rights.
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September 30, 2024
Alaska Seeks Toss Of Challenge To New Hemp Regulations
The state of Alaska is asking a federal court to throw out a bid by a hemp industry group to block enforcement of regulations prohibiting the sale of intoxicating hemp products, saying the regulations are not preempted by federal law.
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September 30, 2024
Red States Urge Justices To Take Up $15 Min. Wage Dispute
Conservative-led states told the U.S. Supreme Court that President Joe Biden's administration misused the Procurement Act when it hiked federal contractors' hourly minimum wage to $15, throwing their support behind two outdoor groups hoping to overturn a Tenth Circuit ruling in favor of the federal government.
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September 30, 2024
Steward Health CEO Sues Senate Panel After Contempt Vote
The outgoing CEO of embattled Steward Health Care on Monday sued members of Congress who voted earlier this month to hold him in contempt for defying their subpoena to testify at a hearing into the downfall of the bankrupt hospital chain he heads.
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September 30, 2024
Chevron-Hess 2nd Oil Merger To Get FTC OK With CEO Ban
A divided Federal Trade Commission signed off Monday on a deal allowing Chevron to buy Hess, permitting the $53 billion megamerger on the condition that Hess CEO John B. Hess be banned from Chevron's board, in the second such CEO-banning deal the FTC has inked in the last year.
Expert Analysis
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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A Look At The Regulatory Scrutiny Facing Liquid Restaking
Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Series
After Chevron: Challenges Loom For PBGC Actions
After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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5 Insights Into FDIC's Final Rule On Big-Bank Resolution Plans
Although the Federal Deposit Insurance Corp.'s recently finalized rule expanding resolution planning requirements for large banks was generally adopted as proposed, it includes key changes related to filing deadlines, review and feedback, and incorporates lessons learned — particularly from last year's bank failures, say attorneys at Cleary.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Opinion
Focus On Political Stances May Weaken Labor Unions
Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.
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Opinion
Time To Reimagine The Novation Process For Gov't Contracts
The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.
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Unpacking The Latest FTC Guidance On Multilevel Marketing
Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.