Public Policy

  • July 29, 2024

    6th Circ. Revives Challenge Of Clean Water Rule

    Just 11 days after oral arguments, the Sixth Circuit on Monday revived Kentucky and industry groups' challenges to a federal government rule defining the scope of the Clean Water Act, finding a district court judge had improperly dismissed the case.

  • July 29, 2024

    Remainder Of DOL Fiduciary Regs Blocked In Texas

    A Texas federal judge froze the remainder of a package of regulations from the U.S. Department of Labor expanding the definition of a fiduciary under the Employee Retirement Income Security Act, after a judge blocked most of the policy in an adjacent district the day before.

  • July 26, 2024

    DOJ Whistleblower Pilot On Deck As Cos. Boost Compliance

    Corporations are making their compliance programs more proactive amid an ongoing push from the Biden administration for firms to come forward with information as the U.S. Department of Justice prepares to roll out a pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct.

  • July 26, 2024

    Apple Commits To White House Guidelines For Responsible AI

    Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.

  • July 26, 2024

    State Street Inks $7.5M Deal Over Russia Sanctions Violations

    Financial services giant State Street has agreed to pay nearly $7.5 million to resolve apparent violations by its investment management solution subsidiary Charles River Systems Inc. of Obama-era sanctions targeting Russian actions against Ukraine, the U.S. Department of the Treasury announced Friday.

  • July 26, 2024

    Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles

    In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.

  • July 26, 2024

    Fla. Top Court Petitioned To Review 'Misleading' Abortion Info

    A Florida coalition petitioned the state's high court to review a proposed financial impact statement that officials attached to an upcoming ballot measure legalizing abortions up to 24 weeks of pregnancy, saying the language is misleading and shouldn't be used to manipulate voters one way or the other.

  • July 26, 2024

    Colorado's New Chief Justice Sworn In

    Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.

  • July 26, 2024

    FTX's Ryan Salame Asks To Delay Prison After Dog Attack

    Former FTX executive Ryan Salame on Friday asked a New York federal judge to delay his prison surrender date because he was recently mauled by a German shepherd and must undergo "urgent and necessary medical treatment and surgery."

  • July 26, 2024

    Puerto Rico Fiscal Board Sues To Stop Solar Panel Bill

    The Financial Oversight and Management Board for Puerto Rico on Friday sued Gov. Pedro R. Pierluisi to nullify a law extending a program which reduces the cost of solar panels for Puerto Rican households, calling it legislative interference with the island's energy regulator.

  • July 26, 2024

    More Airwaves Needed To Support Drones, FCC Told

    Several utility companies have come together to tell the Federal Communications Commission that they need more room in the 5 gigahertz and 4.9 GHz bands for drone operations, which they say make their employees' jobs safer and easier.

  • July 26, 2024

    G20 Declines To Back Brazil's Plan For A Minimum Wealth Tax

    Finance ministers from the Group of 20 nations declined to back Brazil's proposal for an agreement on individual wealth taxation similar to the global corporate minimum tax, instead issuing a statement Friday that opted for softer language about cooperation.

  • July 26, 2024

    Erroneous Background Check Cost Man HSN Job, Suit Says

    A company that sells background checks to employers was hit with a federal lawsuit accusing it of incorrectly telling the Home Shopping Network that an applicant had a felony charge for distributing narcotics equivalent to cocaine, methamphetamine or fentanyl, when he was actually charged with selling marijuana.

  • July 26, 2024

    Miami Official Says Salary Is Exempt From $63.5M Judgment

    A Miami lawmaker told a federal judge Friday that a portion of his monthly compensation shouldn't be withheld to pay a $63.5 million judgment against him for civil rights violations, testifying that he is the sole breadwinner of his household and should be exempt from having his salary garnished.

  • July 26, 2024

    Georgia Judge Won't Block Prosecutor Oversight Commission

    A Georgia judge has rejected an attempt to temporarily block a new state commission created to investigate and discipline state prosecutors, finding it doesn't violate Georgia's constitution.

  • July 26, 2024

    Short-Term Rental Group Defends Colo. City Ordinance Suit

    A group of short-term rental owners in Colorado urged a federal court on Thursday to reject a city's bid to dismiss their suit, which claims a 2023 ordinance that regulates where short-term rentals can operate "effectively bans most existing short-term rentals."

  • July 26, 2024

    DC Circ. Vacates FERC Oil Pipeline Index Revision

    The D.C. Circuit on Friday vacated a Federal Energy Regulatory Commission order that lowered the five-year index level governing oil pipeline transportation rates, ruling that the agency ran afoul of federal law when it failed to gather public input on the revision.

  • July 26, 2024

    Calif. Community Org Opposes FCC Bulk Billing Clampdown

    A technology-focused community group in California has joined a chorus of advocates calling for the Federal Communications Commission to hit the brakes on a proposal to tighten rules for bulk billing in multitenant environments.

  • July 26, 2024

    FCC Kicks Off Rapid Response Team To Zap Pole Disputes

    The Federal Communications Commission has launched a rapid response team to clear up disputes between utility pole owners and internet service providers over the cost of upgrading or replacing poles to allow for new broadband equipment.

  • July 26, 2024

    Smartmatic Asks Court To Order Fox Exec To Answer Subpoena

    A new front in the war between Smartmatic and Fox News has opened up in Florida, as the voting technology company is asking a Miami court to force a Fox News board member to respond to a subpoena issued in its $2.7 billion defamation suit in New York.

  • July 26, 2024

    DC Circ. Vacates EPA's Biofuel Exemptions Denial

    The D.C. Circuit on Friday largely sided with dozens of small petroleum refiners challenging the U.S. Environmental Protection Agency's denial of their exemptions to federal renewable fuel blending requirements while keeping its reasoning for doing so under seal.

  • July 26, 2024

    White House Offers Removal Relief For Lebanese

    The Biden administration on Friday offered deportation relief to certain Lebanese nationals in the U.S. as conditions in South Lebanon break down amid hostilities between Hezbollah and Israel.

  • July 26, 2024

    Feds Tell 9th Circ. Wash. ICE Inspection Law Rightly Blocked

    The federal government has inserted itself into the battle over a Washington state law allowing surprise inspections of a U.S. Immigration and Customs Enforcement immigration detention center, telling the Ninth Circuit it was rightly blocked under the intergovernmental immunity doctrine.

  • July 26, 2024

    Biz Groups Call Corp. Transparency Act Unconstitutional

    The U.S. government has failed to show how the Corporate Transparency Act meets narrow exceptions to the Fourth Amendment's search warrant requirements, a group of small businesses told a Michigan federal court Friday in contending that the statute is unconstitutional.  

  • July 26, 2024

    Assa Abloy Resolves DOJ Merger Monitor Dispute

    Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

Expert Analysis

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • A Look At US-EU Consumer Finance Talks' Slow First Steps

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    The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • 5th Circ. Venue-Transfer Cases Highlight Mandamus Limits

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    Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.

  • 8 Steps Companies Should Take After An Internal Investigation

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    Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Opinion

    US Solar Import Probe's Focus On China Is Misguided

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    The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.

  • DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges

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    The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.

  • Ohio Tax Talk: The Legislative Push For Property Tax Relief

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    As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • Aviation Watch: Mostly Smooth Landing For New FAA Law

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    The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.

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