Public Policy

  • November 20, 2024

    Fla. Couple Ask To Revive Suit Over Unclaimed Property

    A Florida couple asked the Eleventh Circuit Wednesday to revive their proposed class suit against the state's chief financial officer over a law that allows officials to hold unclaimed money indefinitely, arguing that it is a taking without just compensation because the state never pays interest on the amount held.

  • November 20, 2024

    Apple Says DOJ Case Has Too Much Speculation To Survive

    Apple's attorneys pressed a New Jersey federal judge Wednesday to toss the U.S. Department of Justice's monopolization lawsuit, asserting in oral arguments that the government is simply trying to force them to work with rivals when attacking controls imposed on iPhone app developers.

  • November 20, 2024

    CPSC Misunderstands Magnet Risks For Kids, Court Told

    An attorney for the magnet industry told the Tenth Circuit on Wednesday that consumer safety regulators wrongly focused on the size of magnets when trying to protect children from the danger of swallowing them, when the real danger of high-powered magnets comes from swallowing multiple magnets, regardless of size, not single magnets that may be small enough to swallow.

  • November 20, 2024

    DC Circ. Skeptical Of Texas AG's Bid To Revive X Probe

    A D.C. Circuit panel seemed skeptical Wednesday of the Texas attorney general's claims that Media Matters lacks a valid claim to challenge the state enforcer's investigation into the media watchdog's reporting about the social media platform X, formerly Twitter, but one judge expressed uncertainty about the suit's readiness for judicial review.

  • November 20, 2024

    FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

    The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

  • November 20, 2024

    Cross-Border Sales Were Unlawful Monopoly, Feds Say

    Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.

  • November 20, 2024

    Gas Bill Challenge Finds Little Purchase With Colo. Justices

    Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.

  • November 20, 2024

    Colo. Justices Doubtful Students' COVID Fee Suit Will Survive

    Colorado's justices were skeptical Wednesday that Colorado State University students seeking fee refunds for coronavirus campus shutdowns can bring an unjust enrichment claim, with one justice saying the students' attorney is advocating for an "enormous" extension of existing law.

  • November 20, 2024

    Ga. Judge Cuts Claims From Jail Book Policy Challenge

    A Georgia federal judge Tuesday dismissed several claims in a bookstore's lawsuit alleging a Georgia sheriff and jail commander imposed an unlawful policy of only allowing books into the county jail from authorized retailers, only keeping alive claims against the two men in their official capacities.

  • November 20, 2024

    En Banc DC Circ. Eyes Court Power Over FEC

    The D.C. Circuit's decision to sit for its first en banc rehearing since 2021 might signal that the court is inclined to reconsider an oft-challenged precedent barring judges from second-guessing federal election regulators when they decline to take enforcement actions, experts say.

  • November 20, 2024

    Amid Legal Challenge, La. Hemp Law On Hold

    A Louisiana law that would issue new regulation on the potency of hemp-derived intoxicants along with where they can be sold will not go into effect until the end of March, allowing time for briefing from state officials and hemp interests challenging the law.

  • November 20, 2024

    11th Circ. Told Everglades Project Will Reduce Water Supplies

    Several Florida sugar growers urged the Eleventh Circuit Wednesday to reverse a decision allowing an Everglades flood control project to proceed, saying a lower court wrongly accepted a U.S. Army Corps of Engineers impact analysis that will result in water supply loss to the surrounding area.

  • November 20, 2024

    Uber, Lyft, Chicago Ignored Due Process, Banned Driver Says

    A former Uber and Lyft driver has sued the platforms in Illinois federal court for deactivating her accounts over false claims she spit on a passenger, and she also sued the city of Chicago over its ordinance allowing rideshare platforms to ban drivers without notice or an opportunity to defend themselves.

  • November 20, 2024

    Texas Offers Up Land To Help Trump's Mass Deportation Plan

    The Texas General Land Office is offering up 1,400 acres of ranch land near the U.S.-Mexico border to the incoming Trump administration to construct deportation facilities to support the president-elect's plan for mass removals.

  • November 20, 2024

    NJ Court Must Revisit Assessor's Workplace Retaliation Claim

    A New Jersey trial court must revisit a municipal tax assessor's workplace retaliation claim as the case used by the court in its decision doesn't exempt assessors from the state's employee protection law, an appellate panel ruled Wednesday.

  • November 20, 2024

    Insurance Mogul Seeks Transfer To Fla. Halfway House

    A billionaire businessman embroiled in a host of criminal and civil suits centered on his crumbling insurance empire wants to relocate to a halfway house in Florida as he awaits sentencing on federal bribery charges, saying restrictions at the county jail have hamstrung his ability to talk to his defense attorneys.

  • November 20, 2024

    Judge Keeps Emails Redacted In Apple Foe's FOIA Row

    The patent office convinced a D.C. federal judge Wednesday to keep in place redacted portions of six emails detailing the agency's response to a Freedom of Information Act request from a longtime legal foe of Apple Inc. that is suing the agency to find out more about administrative decisions that wiped out a $533 million jury verdict.

  • November 20, 2024

    'Rip And Replace' Woes Underscored By Senate Hearing

    A major industry group has again called on lawmakers to address the lack of funding needed to completely remove risky Chinese-made gear from U.S. telecommunications networks.

  • November 20, 2024

    FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told

    The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.

  • November 20, 2024

    PBMs Sue To Block FTC's In-House Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.

  • November 20, 2024

    Trump Seeks Dismissal Of Central Park Five Defamation Suit

    President-elect Donald J. Trump has told a Pennsylvania federal judge that a lawsuit brought by the Central Park Five should be dismissed, calling their allegations that he defamed them with comments about their criminal case "meritless" and saying his statements are protected as public expression under the state's anti-SLAPP statute.

  • November 20, 2024

    Infant Sleep Co. Says CPSC Wrongly Maligned Products

    Dreamland Baby Co. is suing the Consumer Product Safety Commission and other government agencies in D.C. federal court, alleging that the CPSC broke its own rules when a "rogue" commissioner told retailers that its infant weighted sleep products were dangerous.

  • November 20, 2024

    Judiciary Touts Reforms In Handling Workplace Complaints

    The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

  • November 20, 2024

    Irish Social Democrats Run On Wealth Tax For Millionaires

    Ireland's Social Democrats are campaigning for this month's general election on a 0.5% tax on individuals' assets over €1 million ($1.1 million) — excluding homes, family businesses, art and pensions — and 1% for assets over €2 million, according to its manifesto.

  • November 20, 2024

    Conn. Regulator Slashes $35M From Utility Revenue Plans

    The Connecticut utilities regulator has rejected bids by two Avangrid Inc. units seeking a ratepayer-funded boost of $63 million, instead slashing their bottom lines by a collective $35 million in a move that was praised by the Constitution State's top enforcer. 

Expert Analysis

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Revisiting The Crime-Fraud Exception After Key Trump Cases

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    Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • The Trade And Tax Issues Behind US-Canada Digital Tax Clash

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    The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Series

    Colorado Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.

  • Building US-Japan Relationships In The M&A Market

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    The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

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