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Public Policy
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October 04, 2024
Milbank LLP Lands Departing SEC Enforcement Chief Grewal
Departing U.S. Securities and Exchange Commission enforcement director Gurbir Grewal will land at Milbank LLP in New York after he leaves the agency later this month, joining the law firm's litigation and arbitration group, according to a person familiar with the matter.
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October 04, 2024
G7 Antitrust Chiefs Vow To Scope Collusion In AI Tech Sector
U.S. and international antitrust regulators said Friday they intend to scrutinize any anticompetitive practice in the market for artificial intelligence technologies or any use of the emerging tech to circumvent competition.
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October 04, 2024
SEC Should Take Over Market Database, Investor Group Says
An investor-side trade association is pushing the U.S. Securities and Exchange Commission to take control of a controversial market surveillance tool out of the hands of the nation's stock exchanges, saying in a recent rulemaking petition that a failure to do so could be "catastrophic" if either the government or the courts decide to shut down the database.
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October 04, 2024
No Citizen Arrest Warrants In Ballot Case, Conn. Justices Say
The Connecticut Supreme Court upheld a lower court's decision declining to issue arrest warrants for two officials accused of mishandling ballots during a Democratic primary in Bridgeport, ruling that the three voters who brought the matter to the court lacked standing to appeal the denial.
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October 04, 2024
Where Campus Protest Suits Stand 1 Year After Oct. 7 Attacks
Almost immediately after Hamas' attack in Israel and the subsequent invasion of Gaza on Oct. 7, 2023, colleges and universities became litigation targets of both sides of the conflict as protests unfolded on campuses throughout the United States.
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October 04, 2024
Another Ute Tribe Joins Online Gambling Suit Against Colo.
The Ute Mountain Ute Tribe has joined the Southern Ute Indian Tribe in its federal court lawsuit against Colorado Gov. Jared Polis for allegedly violating both tribes' state-tribal gaming pacts by overstepping his right to regulate online sports gambling.
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October 04, 2024
Navy Identifies Faulty Welds On 3 In-Service Vessels
The U.S. Navy told lawmakers it has identified three in-service vessels with faulty welds after contractor Newport News Shipbuilding raised concerns about potentially deliberate problems with ships built or repaired at its shipyard, but said there were no related safety concerns.
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October 04, 2024
Election Litigation Looms Over New Supreme Court Term
The U.S. Supreme Court justices return to the bench Monday for a new term, even as the dust continues to settle from the shifts in administrative law and foundational changes to presidential immunity that headlined their last sitting. But experts say any hope that this term may be calmer is wishful thinking, in large part due to all-but-certain litigation over the presidential election.
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October 04, 2024
State Fair Case Creates Tension For Gun And Property Rights
The State Fair of Texas kicked off a week ago with its usual offerings of splashing neon and deep-fried Oreos, but with its opening the fair has become the center of a legal question the Texas Supreme Court may have difficulty wrangling as it seeks to sort out the tension between the rights of gun owners and property owners.
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October 04, 2024
Coinbase To Limit Stablecoins That Don't Meet New EU Rules
Crypto exchange Coinbase said Friday that it plans to delist certain stable-value tokens for users in the European Union if the tokens don't meet soon-to-be-effective guidelines under the jurisdiction's crypto regime.
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October 04, 2024
Hemp Org, Cheech & Chong Seek Halt Of Calif. Hemp Ban
A leading hemp industry trade organization, along with the cannabis brand fronted by stoner comedians Cheech & Chong, have asked a Los Angeles state judge to halt enforcement of new California emergency regulations banning the sale of hemp products with THC.
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October 04, 2024
Oversight Dems Probe Chief Justice On Jan. 6 Case Handling
Two House Democrats on the oversight committee questioned U.S. Supreme Court Chief Justice John Roberts Friday on recent reporting he replaced Justice Samuel Alito as the author of a decision on a Jan. 6 case after the public learned the latter justice's wife flew flags at their homes with ties to the "Stop the Steal" movement.
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October 04, 2024
EPA Fights To Save Civil Rights Regs Outside Louisiana
The U.S. Environmental Protection Agency asked a Louisiana federal judge to reject the state's effort to impose a nationwide ban on civil rights regulations focused on disparate impacts.
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October 04, 2024
DC Circ. Wary Of Ga. Voting Ruling's FOIA Impact
A D.C. Circuit panel seemed concerned Friday with the practical implications of a trial court's holding that the Freedom of Information Act compels the disclosure of the U.S. Department of Justice's communications with private co-litigants in lawsuits challenging a controversial Georgia voting law.
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October 04, 2024
Iowa Farmer Wants Court To Nix Federal 'Swampbuster' Law
A farmer pushed an Iowa federal court to overturn the "Swampbuster" part of a federal conservation program that aims to protect wetlands for public use, arguing that the law is unconstitutional.
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October 04, 2024
High Court Nuclear Case Could Be Admin Law Blockbuster
By agreeing to consider the federal government's authority to license temporary nuclear waste storage facilities, the U.S. Supreme Court can ease the uncertainty facing a resurgent U.S. nuclear industry as well as clarify limits it's recently placed on federal agency power, experts say.
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October 04, 2024
FCC Aims To Open More 6 GHz To Very Low Power Devices
The Federal Communications Commission said Friday it wants to clear two more portions of the 6 gigahertz spectrum band for very low power unlicensed devices, like virtual reality gear, while still protecting licensed incumbents that use the same swath of airwaves.
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October 04, 2024
Ex-LA Deputy Mayor Gets 12 Years For Racketeering Role
A former Los Angeles deputy mayor was sentenced to 12 years in prison in California federal court on Friday, seven months after he was convicted of racketeering conspiracy and bribery stemming from his role linking corrupt public officials with wealthy developers in a yearslong criminal enterprise at city hall.
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October 04, 2024
EPA Finalizes Stronger Pesticide Rules For Farmworker Safety
The U.S. Environmental Protection Agency finalized a rule strengthening protections for agricultural workers who could be exposed to pesticides, standards that had been weakened by the Trump administration.
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October 04, 2024
NY State Gives 1,000 Acres Back To Onondaga Nation
New York's Onondaga Nation has regained 1,000 acres of its ancestral lands in the Tully Valley, making the title transfer one of the largest of its kind by any state, after tribe members have said for decades that the land was unlawfully taken by the federal government in the 18th century.
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October 04, 2024
Tempur Sealy, Mattress Firm Sue To Block FTC Merger Case
Tempur Sealy International Inc. and Mattress Firm Group Inc. told a Texas federal court on Friday that the Federal Trade Commission's in-house process violates the Constitution, so the agency's case challenging their planned $4 billion merger should be blocked.
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October 04, 2024
Harris, If Elected, Expected To Address Root Migration Causes
Vice President Kamala Harris has made clear she will make border security and asylum curbs a prominent part of her immigration agenda, and her experience working on the root causes of migration could bolster efforts to suppress migration.
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October 04, 2024
US Defends Decision Denying H-1B Visa Relocation Request
The U.S. government is urging a California federal judge to throw out claims from a company that sells software to cannabis businesses alleging that U.S. Citizenship and Immigration Services arbitrarily denied an H-1B visa worker's relocation request, saying the government was required to determine if the work would violate federal law.
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October 04, 2024
Enviro Group Drops EPA Fight Over Colo. Refinery Permit
The Center for Biological Diversity agreed to end its Tenth Circuit challenge to the U.S. Environmental Protection Agency's refusal to object to a series of state permit changes for a Denver-area oil refinery, according to a Friday court filing.
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October 04, 2024
DC Circ. Won't Pause EPA's Iron Plant Rule
A D.C. Circuit panel rejected bids by U.S. Steel Corp. and Cleveland-Cliffs Inc. to stay a U.S. Environmental Protection Agency rule setting emissions standards for their taconite iron ore processing facilities.
Expert Analysis
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4 Takeaways From The FDIC's Proposed Recordkeeping Rule
The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Navigating Restrictions Following Biotech Bill House Passage
Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Presidents And Precedents May Direct Khan's Future Course
While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.
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SEC Settlement Holds Important Pay-To-Play Lessons
The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.
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What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law
Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.
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7 Takeaways For Companies After Justices' Bribery Ruling
The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Defamation Law Changes May Be Brewing At Supreme Court
The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.
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Integrating ESG Into Risk Management Programs
Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.