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Public Policy
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July 29, 2024
Virtu Pushes For SEC Crackdown On 'Penny Stock' Listings
Virtu Financial Inc. is pressing the U.S. Securities and Exchange Commission to force Nasdaq and other exchanges to crack down on so-called penny stocks, petitioning the agency to initiate rulemaking that would stop companies struggling to stay above $1 per share from continuing to trade on the exchanges.
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July 29, 2024
Chemical Groups Say Chevron Sinks EPA Ethylene Oxide Rule
A chemical company and two chemical associations are telling the D.C. Circuit that a recent U.S. Supreme Court decision undermines the federal government's risk value for ethylene oxide, which they are challenging as being too high.
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July 29, 2024
CFPB Cites Thomas In New Bid To Transfer Late Fee Rule Suit
The Consumer Financial Protection Bureau on Monday took another whack at getting an industry-backed legal challenge to its $8 credit card late fee rule transferred from Texas federal court to Washington, D.C., this time drawing on U.S. Supreme Court Justice Clarence Thomas for a little rhetorical help.
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July 29, 2024
Split 11th Circ. Won't Revive Class Action Over USCIS Denials
A split Eleventh Circuit panel on Monday backed the dismissal of claims from five immigrants given temporary protected status but later rejected for green cards, saying the court doesn't have jurisdiction to review U.S. Citizenship and Immigration Services matters due to a precedential 2021 U.S. Supreme Court decision.
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July 29, 2024
8th Circ. Urged To Ax FDIC's Multiple NSF Fee Guidance
Minnesota state bankers have urged the Eighth Circuit to uphold their challenge to Federal Deposit Insurance Corp. guidance conscribing the use of non-sufficient funds fees, arguing a Minnesota federal judge was wrong to reject their case as premature.
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July 29, 2024
S. Africa Advances WTO Citrus Cases To Panel Stage
South Africa is advancing legal challenges against measures the European Union imposed on citrus imports to guard against infestation by both a specific species of moth and a fungus that blemishes fruit rinds, calling for the establishment of two World Trade Organization dispute panels.
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July 29, 2024
NIST Lays Out 200+ Ways To Tackle Generative AI Risks
The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.
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July 29, 2024
Making Broadcasters File Disaster Reports Not Wise, FCC Told
Broadcasters say it's a bad idea for the Federal Communications Commission to force them to start reporting disaster-related outages to the agency like other communications companies are required to because it would distract them from reporting about whatever disaster is happening.
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July 29, 2024
Bishops Say Boarding School Bill Lacks Churches' Input
The U.S. Conference of Catholic Bishops says two federal bills that will create a commission charged with making policy recommendations to address the legacy of Indian boarding schools lack any religious representation and give unnecessary broad subpoena power over its churches' historical records.
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July 29, 2024
FTC, Challengers, Their Backers Vie For Noncompetes' Fate
The fate of the Federal Trade Commission's noncompete ban is on the line as the agency trades blows with the U.S. Chamber of Commerce and other challengers spread across three different federal courts, all now grappling with a decision last week providing important backing to the FTC's rulemaking authority.
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July 29, 2024
UCLA Faces Likely Preliminary Injunction Over Gaza Protests
A California federal judge said Monday that he plans to issue a preliminary injunction in a lawsuit filed by three Jewish UCLA students who allege they were discriminated against during a campus protest over Israel's invasion of the Gaza Strip, but he wants the parties to try first to craft one.
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July 29, 2024
Wash. Says At-Home Rape Kit Law Targets Harm, Not Speech
Washington pushed back against a company's bid to pause enforcement of a ban on the sale of "DIY" DNA collection kits to sexual assault survivors, saying the prohibition is meant to prevent victims from being tricked into thinking the kit results will stand up in court.
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July 29, 2024
Immigration Orgs Ask DC Judge To Ax New Asylum Limits
Immigration advocacy groups suing the Biden administration over new restrictions on asylum for migrants crossing the southern border told a D.C. federal judge that the policy is "flatly inconsistent" with federal asylum law and must be thrown out.
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July 29, 2024
Pole Owners Must Pay Half Of Upgrades, Advocacy Org. Says
School and library advocates are calling for the Federal Communications Commission to follow Canada's lead in mandating that utility pole owners cover half the cost of upgrades for broadband equipment, saying that because both pole owners and broadband equipment attachers benefit from upgrades, they should share in the costs.
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July 29, 2024
9th Circ. Axes Limit On DOL Denying Calif. Agencies Grants
The U.S. Department of Labor can shut California transit agencies out of a federal grant because of a conflict between a state pension law and a federal transit law, with the Ninth Circuit lifting a ban Monday on the agency denying grant applications because of that conflict.
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July 29, 2024
Judge Blocks Medical Records Co.'s Anti-Bot Captchas
A Maryland federal judge on Monday enjoined electronic medical records company PointClickCare from blocking nursing home analytics company Real Time Medical Systems from accessing patient data with automated bots, saying PCC's firewall wasn't justified by concerns over security or system speed.
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July 29, 2024
Railroads Ask 11th Circ. To Void New Train Crew Size Rule
Rail giants have told the Eleventh Circuit that the Federal Railroad Administration overstepped with its new two-person train crew rule, saying rail labor costs would surge if "one of the most consequential rulemakings in the history of American railroading" were allowed to stand.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
Mich. Top Court Says 2020 Tax Foreclosure Ruling Retroactive
The Michigan Supreme Court on Monday gave retroactive effect to its 2020 decision that said local governments violate homeowners' rights by profiting from the sales of their tax-foreclosed homes, saying Michigan's "robust" history of protecting against takings weighs in favor of making the ruling retroactive.
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July 29, 2024
Conn. Justices OK Vrbo Host's Short-Term House Rentals
A divided Connecticut Supreme Court ruled Monday that a Vrbo host in Branford was allowed to rent out his property to vacationers under a set of regulations passed in 1994, before the local zoning board changed the rules in 2018 to ban his activities.
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July 29, 2024
Feds Strike $7M Deal With Co. In Emissions-Cheating Suit
A North Carolina auto parts dealer will pay $7 million to end the federal government's lawsuit alleging the company sold parts that bypassed vehicles' emissions controls, according to a court filing on Monday.
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July 29, 2024
Utah Biz Groups Latest To Challenge Corp. Disclosure Law
Several small-business associations in Utah became the latest group to challenge the Corporate Transparency Act's disclosure requirements, telling a federal court Monday the statute violates several constitutional provisions, including the guarantee of due process.
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July 29, 2024
EPA, Army Reveal Joint PFAS Sampling Project
The U.S. Environmental Protection Agency and the U.S. Army unveiled a joint national project to test private drinking water wells near Army installations for per-and polyfluoroalkyl substances, identifying 235 locations where they will carry out their more in-depth investigation.
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July 29, 2024
Charter Pays $15M To End FCC's Network Outage Probe
Charter has agreed to shell out $15 million and create a novel cybersecurity program meant to resolve issues raised during a Federal Communications Commission probe of major network outages affecting 911 service, the FCC said Monday.
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July 29, 2024
MoneyGram Opposes CFPB, NY's 'Futile' Bid To Bolster Case
MoneyGram told a New York federal judge that the state and federal regulators' bid to update their complaint against the remittance service is a "bad faith attempt" to "salvage" a case that should either be transferred to MoneyGram's home district of Texas or tossed entirely.
Expert Analysis
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Opinion
Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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New La. Managing Agent Law May Portend Growing Scrutiny
Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.