Public Policy

  • June 06, 2024

    NTSB Pins Jets' Near Miss On Fog In Austin, Controller Errors

    Dense fog, the absence of critical runway safety technology and an air traffic controller's incorrect assumptions contributed to the February 2023 near-collision of a FedEx cargo plane and a Southwest Airlines passenger jet in Austin, Texas, the National Transportation Safety Board said Thursday.

  • June 06, 2024

    NRA Can't Undo $6.4M Misconduct Verdict In NY AG Case

    A New York judge on Thursday rejected a request by the National Rifle Association and its longtime executives to set aside a jury's $6.4 million verdict that found they misspent charitable funds, saying Attorney General Letitia James provided sufficient evidence for the jurors to rule in her favor.

  • June 06, 2024

    7th Circ. Says Courts Can't Help Canadian Waive 10-Year Ban

    The Seventh Circuit on Thursday said its hands were tied on getting a Canadian man a quick decision on whether he can stay in the U.S. while he seeks to waive a requirement he stay abroad for 10 years.

  • June 06, 2024

    Split FCC Kicks Off Cybersecurity Fund For Schools, Libraries

    Democrats on the Federal Communications Commission created a $200 million pilot program Thursday to build up cybersecurity in schools and libraries.

  • June 06, 2024

    Judge Consolidates Suits Targeting Okla. Immigration Law

    A federal judge has combined two lawsuits challenging a new Oklahoma law making it a crime for undocumented immigrants to live in the state, joining separate cases lodged by the Biden administration and a nonprofit immigrant advocacy group.

  • June 06, 2024

    Tribes, Green Groups Lose Challenge To SunZia Power Line

    An Arizona federal judge Thursday threw out a challenge by a coalition of tribes and conservation groups to undo a nearly decade-old federal government decision that they said allowed SunZia Transmission LLC to route a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • June 06, 2024

    Tribes Pan ND Assembly's High Court Brief In Subpoena Row

    Two North Dakota tribes looking to undo an Eighth Circuit ruling that quashed subpoenas on North Dakota legislators and staff in underlying voting rights litigation told justices the ruling should be vacated as moot despite the lawmakers' arguments otherwise.

  • June 06, 2024

    FCC Could Change Credit Rules To Qualify For Broadband Aid

    The Federal Communications Commission is considering easing some letter of credit requirements for Universal Service Fund recipients, saying the current mandates may have become too onerous and could be slowing broadband deployment.

  • June 06, 2024

    Navy Denied IT Worker Promotions For Race, 11th Circ. Told

    A Florida-based Navy information technology worker urged the Eleventh Circuit in a hearing Thursday to reverse a lower court's decision to toss his discrimination lawsuit, saying he was passed over for promotion because he was Hispanic and older than other candidates despite being the best qualified.

  • June 06, 2024

    6th Circuit Selected For Start Of Net Neutrality Fight

    The Sixth Circuit was chosen by random drawing Thursday to consolidate, at least for now, more than half a dozen challenges to the Federal Communications Commission's net neutrality rules.

  • June 06, 2024

    Transport Monopoly Indictment Is Deficient, Accused Says

    One of 12 individuals who U.S. federal prosecutors claim conspired to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America using violence has moved to dismiss antitrust charges, saying prosecutors omitted elements of an indictable offense.

  • June 06, 2024

    Wash. Labor Dept. Wants To Back AG In ICE Inspections Suit

    The Washington state labor and health departments want to throw their support behind efforts in the Ninth Circuit by the state's governor and attorney general to defend a state law that allows surprise inspections at private immigration detention centers.

  • June 06, 2024

    FCC Floats New Rules On ISPs To Protect Internet Security

    The Federal Communications Commission on Thursday proposed to impose new rules on internet service providers to ensure security of the internet's crucial routing technology, the Border Gateway Protocol.

  • June 06, 2024

    Prof Can Test NC State Building For Carcinogens

    A split state appeals court has granted a former North Carolina State University employee stricken by cancer access to gather evidence in a campus building that studies showed contained cancer-causing materials.

  • June 06, 2024

    Mass. AG Asks State High Court To Affirm Housing Law

    Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.

  • June 06, 2024

    FDA Urges High Court To Hear 5th Circ. Flavored E-Cig Case

    The U.S. Food and Drug Administration is asking the U.S. Supreme Court to grant its petition for a review of an en banc Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application, saying this case provides a better vehicle to decide the issues than other petitions at the high court.

  • June 06, 2024

    5th Circ. Sides With Miss. In Pipeline Permitting Row

    The Fifth Circuit has found a lower court properly threw out an interstate pipeline company's assertion that annual levee crossing fees sought by Mississippi regulators were unconstitutional because they fell outside the scope of the company's 75-year-old permit.

  • June 06, 2024

    NC Dems Want Constitutional Right To Public Records

    Democrats in the North Carolina General Assembly have proposed sister bills to amend the state constitution by establishing a right of access to public records and meetings.

  • June 06, 2024

    Election Officials Blasted For Not Stopping Suspended Judge

    A Michigan state judge has said that election officials had abdicated their responsibility to keep "patently ineligible" candidates off the ballot, ordering them to stop former Detroit Judge Kahlilia Davis from running again after the state Supreme Court suspended her for six years for misconduct.

  • June 06, 2024

    Some Colo. Justices Call For Nixing Peremptory Strikes

    Three Colorado Supreme Court justices said this week that eliminating peremptory challenges would help remove "the taint of impermissible discrimination" from the jury selection process, writing in two cases involving the dismissal of Black jurors that the strikes often facilitate racism that can be near impossible for a court to address.

  • June 06, 2024

    Fla. Justices Won't Undo DeSantis' Suspension Of Prosecutor

    State prosecutor Monique Worrell lost her bid to be reinstated to her post in the Ninth Judicial Circuit after a split Florida Supreme Court ruled Thursday that Gov. Ron DeSantis' executive order suspending her passed muster.

  • June 06, 2024

    EPA To Reevaluate Widely Used Toxic Chemical Under TSCA

    The U.S. Environmental Protection Agency has proposed a rule to limit the use of a chemical found in hundreds of products from paint to cleaning products that has been linked to miscarriages, reduced male fertility and other health issues.

  • June 06, 2024

    Judge Who Took Israel Trip Recuses Self From Gaza Case

    A Ninth Circuit judge on Thursday recused himself from a case over the Biden administration's support for Israel's military efforts in Gaza, suggesting he disagreed with Palestinian rights activists' claim that a sponsored trip to Israel disqualified him but nevertheless would step aside "out of an abundance of caution."

  • June 06, 2024

    Former New Jersey AG Recalls 'Gross' Meeting With Menendez

    A U.S. Securities & Exchange Commission official took the stand in the bribery trial of Sen. Robert Menendez on Thursday, testifying that he shut down "gross" inquiries by the congressman while the official was serving as New Jersey's attorney general.

  • June 06, 2024

    Bannon Ordered To Start Prison Term By July 1

    Donald Trump ally Steve Bannon was ordered Thursday in D.C. federal court to surrender and begin his four-month prison sentence for defying a congressional subpoena by July 1, after losing his appeal in the D.C. Circuit.

Expert Analysis

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • A Changing Regulatory Landscape For Weight Loss Drugs

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    As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • Proposed Semiconductor Buy Ban May Rattle Supply Chains

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    The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.

  • CFPB Poised To Up The Ante After Supreme Court Victory

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    When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • New Crypto Reporting Will Require Rigorous Recordkeeping

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    The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.

  • A Comparison Of FDIC, OCC Proposed Merger Approaches

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    Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Colo. Lending Law Could Empower State-Chartered Banks

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    Lending programs that rely on rate exportation by state banks should pay close attention to legislative activity and ongoing litigation surrounding Colorado's decision to opt out of rate exportation, which could set a precedent that state-chartered banks have power on par with national banks, says Tom Witherspoon at Stinson.

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