Public Policy

  • June 25, 2024

    NC Development Bill Violates UN Declaration, Tribe Says

    A North Carolina tribe is fighting state legislation that it says does not assure protections over one of the most significant archaeological Native American discoveries in recent years, arguing its language violates international law and centuries-old treaties.

  • June 25, 2024

    Russian Ferrosilicon Gets Preliminary Duties Topping 748%

    The U.S. Department of Commerce handed down preliminary duties of 283.27% and 748.58% in its anti-dumping and countervailing duty investigations, respectively, into Russian producers of ferrosilicon, a key input in steelmaking.

  • June 25, 2024

    Ariz. Lawmakers Say State Has No Interest In Monument Fight

    The Arizona State Legislature says Gov. Katie Hobbs and Attorney General Kris Mayes can't show that they have an interest in lawsuits against President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument and they shouldn't be allowed to intervene in the litigation.

  • June 25, 2024

    Medical Marijuana Bill Sent To NC House After Senate Sign-Off

    The North Carolina Senate has approved a bill that would legalize medical marijuana statewide as part of larger legislation boosting hemp regulations and outlawing the use of three other drugs in the Tar Heel state.

  • June 25, 2024

    Texas' Challenge To Biden Admin. Asylum Rule Survives

    A Texas federal judge ruled Tuesday that he got it right when he declined the federal government's attempt to end the state's suit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas did enough to withstand a motion to dismiss.

  • June 25, 2024

    Trump Atty Argues Feds Lied To Get Mar-A-Lago Warrant

    An attorney representing Donald Trump in his criminal case over retaining classified documents after leaving the White House urged a Florida federal judge Tuesday to toss evidence seized during the raid on Mar-a-Lago, arguing the government put false information on the warrant application to search the former president's estate.

  • June 25, 2024

    DC Council OKs Tax Hikes On High-End Property, Payroll

    Washington, D.C., would impose a special tax rate on high-end residential properties, boost the premium for the district's paid leave program and make other tax and spending changes under legislation passed Tuesday by the district council.

  • June 25, 2024

    Pot Cos. Push Back On Calif. City's Bid To Toss $5.4M Fee Suit

    Six cannabis companies are fighting the California city of Cudahy's bid to dismiss a suit alleging that the city reneged on a promise to waive $5.4 million in fees accrued during the COVID-19 shutdowns, saying the motion largely disputes allegations that the court has to accept as true under a motion to dismiss.

  • June 25, 2024

    Fintech Exec Gets 3 Yrs In Crypto Market Manipulation Plot

    The former head of financial engineering at fintech company Hydrogen Technology Corp. was sentenced Tuesday to nearly three years in prison for conspiring to manipulate the market for Hydrogen's digital assets.

  • June 25, 2024

    Drilling Permit Challenge Should Stay Dead, DOI Tells DC Circ.

    The U.S. Department of the Interior told the D.C. Circuit a federal judge correctly ruled environmental groups cannot challenge the federal approval of thousands of drilling permits in New Mexico and Wyoming because they failed to establish any particularized injury.

  • June 25, 2024

    Calif. Pot Co. Accused Of 'Lab Shopping' To Skirt Safety Rules

    A California marijuana cultivator has been accused of selling cannabis products with unacceptable levels of contaminants, getting around state requirements by seeking out laboratories that turned a "blind eye" to its crops' impurities, according to a proposed class action.

  • June 25, 2024

    Gov't Asks Ala. Fed. Court To Stay Gender Care Case

    The Biden administration has asked an Alabama federal court to stay a suit challenging a state law criminalizing gender-affirming care for transgender youth, which has drawn attention because of judge-shopping allegations leveled against plaintiff's counsel, as the U.S. Supreme Court has agreed to hear a separate but potentially precedential suit.

  • June 25, 2024

    Ex-Trump Atty Seeks Discovery Stay In Dominion Voting Suit

    A former One America News reporter and Trump attorney is urging a D.C. federal judge to grant her a discovery pause in civil defamation litigation brought by Dominion Voting Systems, arguing that responding to requests now could put her defense at risk in a criminal case in Arizona.

  • June 25, 2024

    House GOP Looks To Hold Biden Ghostwriter In Contempt

    The House Judiciary Committee will consider a resolution on Thursday on whether to hold President Biden's ghostwriter Mark Zwonitzer in contempt for refusing to turn over materials related to special counsel Robert Hur's investigation of the president's handling of classified documents.

  • June 25, 2024

    Atlanta City Council To Consider $2M Settlement In Taser Case

    Atlanta's City Council is set to consider a $2 million settlement next week in a case in which two college students allege they were pulled from their car and Tasers used on them by police in 2020 during protests related to the police killing of George Floyd.

  • June 25, 2024

    EU Opens Microsoft Case, Unappeased By Teams Unbundling

    European Union antitrust authorities opened a formal complaint against Microsoft on Tuesday over the company's bundling of its Teams communications program with its Office 365 suites, calling out as insufficient the disconnection of the services Microsoft initiated last year to appease enforcers.

  • June 25, 2024

    Kennedy's Bid For President Violates NJ Law, Suit Says

    An election lawyer Tuesday launched a bid in New Jersey state court to kick presidential candidate Robert F. Kennedy Jr. off Garden State ballots in November's general election, arguing Kennedy's independent candidacy is barred by state law.

  • June 25, 2024

    Int'l Paper Gets US Clearance On $7.2B DS Smith Buy

    International Paper Co. and its U.K. competitor DS Smith PLC said Tuesday that the waiting period for U.S. antitrust authorities to try and block their planned roughly $7.2 billion merger has expired. 

  • June 25, 2024

    House Republicans Look To Cut Justice Department Funding

    House Republicans are looking to slash funding for the U.S. Department of Justice for fiscal 2025, a move that comes as Republicans have been attacking the department for what they deem unfair prosecutions of former President Donald Trump.

  • June 25, 2024

    NJ Says Union Skipped Over Black Workers For Job Referrals

    An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.

  • June 25, 2024

    Justice Berger Asks Full NC High Court To Decide Recusal Bid

    North Carolina Supreme Court Justice Phil Berger Jr. asked the full court on Monday to decide whether he should recuse himself from two constitutional challenges concerning the governor's appointment powers given his father's role in the litigation as a state lawmaker.

  • June 25, 2024

    NY Judge Partially Lifts Trump Gag Order Ahead Of Sentence

    The Manhattan judge overseeing former President Donald Trump's hush-money case on Tuesday vacated key parts of a gag order intended to shield jurors and witnesses from his verbal attacks, although an order protecting the jurors' identities remains in place.

  • June 25, 2024

    Oracle Can Seek PAGA Arbitration, Calif. Panel Says

    A California appellate panel said Oracle could compel two workers' 7-year-old individual Private Attorneys General Act wage claims into arbitration, holding that the arbitration agreements couldn't have been enforced until after the U.S. Supreme Court issued the Viking ruling in 2022.

  • June 24, 2024

    Chevron's $120M Trial Loss Reinstated By Calif. Appeals Court

    A California appellate court says Chevron cannot get another trial after a jury found it liable for the negligent operation of an oil field, overturning a lower court's ruling that the company was entitled to a new trial because a juror failed to disclose a decades-old criminal conviction.

  • June 24, 2024

    Menendez Was 'Weird' While Planning Egypt Trip, Jury Hears

    A New York federal jury weighing charges that U.S. Sen. Robert Menendez took bribes for official acts related to Egypt heard Monday from a congressional staffer that the senator acted "weird" while planning an official trip there and was "making up lies."

Expert Analysis

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Social Media Free Speech Issues Are Trending At High Court

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    The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Don't Fall On That Hill: Keys To Testifying Before Congress

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    Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.

  • Takeaways From FDIC's Spring Supervisory Highlights

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    The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

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    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

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