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Public Policy
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August 29, 2024
Publishers, Authors Sue Fla. Over School Library Book Bans
Six publishing houses; five bestselling authors, including Jodi Picoult and Laurie Halse Anderson; and two parents of schoolchildren filed a challenge Thursday to a Florida state law that restricts books in school libraries in what they say is an overly broad, unconstitutional manner.
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August 29, 2024
6th Circ. Tosses Atty's Challenge To Court Recording Ban
A Michigan attorney who was held in contempt for posting a screenshot of a Zoom hearing on Facebook can't use the First Amendment to challenge a prohibition on recording courtroom proceedings, because he lacks standing, the Sixth Circuit has ruled.
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August 29, 2024
Advocacy Groups Back Ga. Bid To Undo Election Law Block
Two advocacy groups are joining Georgia's push for the Eleventh Circuit to overturn an injunction blocking part of a controversial Peach State election law, arguing the lower court's ruling reimagines the Civil Rights Act to impede an absentee ballot requirement that is focused on election integrity and has nothing to do with racial discrimination.
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August 29, 2024
5th Circ. Says Pot Use Doesn't Bar Gun Ownership
The Fifth Circuit on Wednesday ruled that a federal law barring firearm possession by marijuana users is unconstitutional specifically as it pertains to a nonviolent user who was not actively intoxicated at the time of her encounter with law enforcement.
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August 29, 2024
Public Interest Groups Back FCC On School Wi-Fi Funds
A trio of advocacy groups have urged the Federal Communications Commission to reject a petition to throw out its school Wi-Fi funding plan brought by the same litigants who also are suing the FCC in the Fifth Circuit over a similar initiative for school buses.
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August 29, 2024
Colo. Lawmakers OK Further Property Tax Rate Cuts
The Colorado Legislature approved a bill Thursday that would cut assessment rates and limit local property tax growth as part of an agreement to stop two ballot initiatives critics say would devastate funding for schools and other local services.
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August 29, 2024
GOP States Ask Justices To Undo Trans Patients' 4th Circ. Win
A group of two dozen Republican attorneys general told the U.S. Supreme Court it should review a Fourth Circuit decision barring West Virginia and North Carolina from excluding coverage of gender-affirming medical care for transgender people, arguing states need the power to control controversial nascent treatments.
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August 29, 2024
Former Ohio House Legal Chief Rejoins Barnes & Thornburg
Barnes & Thornburg announced Wednesday that it is welcoming back an Ohio-based attorney after his stint as chief legal counsel for the state House of Representatives.
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August 29, 2024
Churches Attack Nonprofit Politics Ban As Unconstitutional
Churches and Christian advocacy groups asked a Texas federal court to declare unconstitutional a provision in the Internal Revenue Code that prevents tax-exempt nonprofits from endorsing political candidates, saying the IRS discriminates against conservative religious groups and churches in applying the law.
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August 29, 2024
Bannon Again Seeks Bail As DC Circ. Considers Rehearing
Imprisoned former Donald Trump adviser Stephen Bannon asked a D.C. federal judge on Thursday to reimpose his bail while he waits to hear whether an appeals court will give another look at his contempt of Congress conviction.
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August 29, 2024
T-Mobile Seeks Full 4th Circ. Look At Simply Prepaid TM Fight
T-Mobile is asking for an en banc rehearing after a Fourth Circuit panel revived a Virginia-based cellphone company's infringement suit against it, telling the court that Simply Wireless didn't meet the correct standard of "deliberate and continuous" use of its trademarked "Simply Prepaid" branding to bar use of the phrase by other entities.
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August 29, 2024
IRS Corrects Partnership Conservation Easement Limit Rules
The Internal Revenue Service issued corrections Thursday to finalized rules that curb the conservation easement tax deduction claimed by certain partnerships under the Secure 2.0 Act.
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August 28, 2024
Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill
California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.
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August 28, 2024
9th Circ. Overturns Rule Mandating Sealing Of Health Records
A Ninth Circuit panel found Wednesday that Hawaii state court rules mandating the automatic sealing of medical and health records in civil and criminal proceedings are unconstitutionally overbroad.
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August 28, 2024
Utah Counties Tell Justices DC Circ. Took NEPA Too Far
A coalition of seven Utah counties called on the U.S. Supreme Court on Wednesday to upend a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah, arguing the ruling saddles the U.S. Surface Transportation Board with "endless make-work far outside its wheelhouse."
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August 28, 2024
6th Circ. Frees Mich. City, Mayor From Lead Pollution Suit
The Sixth Circuit on Wednesday tossed all but one remaining defendant from a proposed class action filed by residents of Benton Harbor, Michigan, over elevated lead levels found in the city's tap water, finding allegations that the mayor misled the public to be vague and conclusory.
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August 28, 2024
Top Massachusetts Real Estate News This Summer
Catch up on the hottest real estate news out of Massachusetts so far this summer, from a hotel refinancing and the promises of offshore wind projects to a housing bill and an update on the Boston life sciences market.
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August 28, 2024
Feds' Bribery Case 'Rotten From The Start,' ComEd Four Say
Former Commonwealth Edison CEO Anne Pramaggiore and her three co-defendants have asked an Illinois federal judge to acquit them on all counts, arguing their bribery convictions cannot stand because the U.S. Supreme Court's recent ruling narrowing the scope of a federal corruption law confirmed the government's case "has been rotten from the start."
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August 28, 2024
'Smoking-Gun' Flaw Found In New Ark. Hemp Law, Say Cos.
In a legal fight over a recent Arkansas state law restricting hemp-derived intoxicants, the hemp companies who brought the challenge told a federal judge Wednesday they found "smoking-gun evidence" from regulators showing the 2023 law is unconstitutionally vague.
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August 28, 2024
Red States Raise Alarm Over Methane Rule Retroactivity
Republican led-states and industry groups have called on a Tenth Circuit panel to reconsider its decision to vacate a district court ruling that partially invalidated an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, arguing it could lead to retroactive enforcement of the rule.
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August 28, 2024
ACLU Offers Harris 'Roadmap' To Rein In Gov't Surveillance
The American Civil Liberties Union is urging the Democratic presidential nominee to stop what the group calls exploitation of the Foreign Intelligence Surveillance Act by the federal government by ending unwarranted surveillance of Americans if she wins office in November.
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August 28, 2024
9th Circ. Rejects Brady Violation Claim In CWA Conviction
The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.
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August 28, 2024
3rd Circ. Rejects Citizenship Bid Despite 21-Year Gov't Delay
The Third Circuit on Wednesday upheld the denial of citizenship to a Trinidad and Tobago national convicted of drug-related offenses despite the government's 21-year delay in correcting its error in issuing his Certificate of Citizenship to begin with, ruling it doesn't have the power to grant citizenship.
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August 28, 2024
Feds Looks To Toss Ex-Citizens' Renunciation Fee Challenge
The federal government asked a D.C. federal judge to throw out a lawsuit brought by former U.S. citizens who want their $2,350 citizenship renunciation fee refunded, arguing during a Wednesday hearing that the United States is immune from the litigation and the plaintiffs can't relitigate claims that they already lost.
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August 28, 2024
NC Hit With Class Action Over Foster Care System In 'Crisis'
North Carolina Gov. Roy Cooper and the state Department of Health and Human Services are to blame for a state foster care system in "crisis," according to a new federal class action alleging that children's rights have been trampled as the Tar Heel State struggles to keep pace with a ballooning foster care population.
Expert Analysis
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Tips For Tax Equity-Tax Credit Transfers That Pass IRS Muster
Although the Internal Revenue Service has increased its scrutiny of complex partnership structures, which must demonstrate their economic substance and business purpose, recent cases and IRS guidance together provide a reliable road map for creating legitimate tax equity structures, say Ian Boccaccio and Michael Messina at Ryan Tax.
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How Cos. With Chinese Suppliers Should Prep For Biotech Bill
A proposed bill to prohibit government-affiliated life sciences companies from contracting with Chinese biotech companies of concern may necessitate switching to other sources for research and supplies, meaning they should begin evaluating supply chains now due to the long lead times of drug development, say John O'Loughlin and Christina Carone at Weil Gotshal.
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Opinion
Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule
Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.
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Inside OCC's Retail Nondeposit Investment Products Refresh
In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.