Public Policy

  • 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.

  • July 26, 2024

    WTO E-Commerce Deal Launches Without US Support

    World Trade Organization members announced a historic agreement on digital trade on Friday, but the U.S. said the deal "falls short" of its expectations.

  • July 26, 2024

    2 Calif. Tribal Gaming Talks Advance, 1 Awaits DOI Assist

    Negotiations between two California tribes and the state over sports gaming compacts are winding down after nearly a year, while another tribe awaits intervention from the U.S. Department of the Interior to assist in talks after the Golden State failed to consent to a third agreement.

  • July 26, 2024

    EU Calls For Dispute Talks Over Taiwan's Wind Farm Policy

    The European Union challenged Taiwan's domestic sourcing requirements for offshore wind energy projects in the World Trade Organization, saying Friday that Taiwan was violating its duty not to discriminate against imported goods.

  • July 26, 2024

    Colo. County Will Pay $1.75M To End Political-Payback Claims

    A Colorado county has agreed to pay $1.75 million to settle claims against its sheriff's office that a former undersheriff was fired over political disagreements with the former sheriff, the plaintiff's attorneys said Friday.

  • July 26, 2024

    Feds Want Mogul To Forfeit $1.5M In NC Bribery Case

    Convicted insurance mogul Greg Lindberg should forfeit nearly $1.5 million he allegedly used to bribe North Carolina's insurance regulation chief in exchange for more friendly oversight of his companies, the U.S. government told a North Carolina federal court Friday.

  • July 26, 2024

    EV Group Seeks To Defend Fuel Economy Rule In 6th Circ.

    A coalition of electric vehicle manufacturers and suppliers want in on a consolidated challenge in the Sixth Circuit to the U.S. Department of Transportation's new fuel economy standards for passenger cars and light trucks, saying the EV industry's future viability banks on the stringent new standards.

  • July 26, 2024

    Ind. Tax Court Says Tax Cap Acre Limitation Unconstitutional

    The Indiana Constitution doesn't permit a fixed 1-acre limitation on land eligible for the state's 1% property tax cap, the state tax court said, siding with a couple who argued their entire property qualified for the cap.

  • July 26, 2024

    Feds Invest $240M In Pacific Tribal Fish Hatchery Efforts

    Hatcheries that produce Pacific salmon and steelhead will get $240 million in federal funding as the U.S. Department of the Interior and the Commerce Department look to restore fish in the Columbia River Basin and mitigate the impacts of dams on tribes, the U.S. government said.

  • July 26, 2024

    Power Groups Join Bid To Stay EPA Plant Rule At High Court

    Utility and coal industry groups have joined dozens of red states in urging the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants.

  • July 26, 2024

    Cuomo Harassment Document Fight Heads To NY Appeals Court

    A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

Expert Analysis

  • Series

    After Chevron: Environmental Law May Face Hurdles

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    The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • Series

    After Chevron: FDA Regulations In The Crosshairs

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    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

  • Opinion

    Trump Immunity Ruling Upends Our Constitutional Scheme

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    The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.

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