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Public Policy
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August 23, 2024
Google Pushes To Depose A Texas Official In Biometric Suit
Google is crying foul in a state court of appeals over Texas' refusal to let it take a deposition of either a representative or an employee of the Texas Office of the Attorney General, saying in a petition that it was forced to defend itself without full discovery.
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August 23, 2024
Hong Kong Relaxes Listing Rules For Tech Startups, SPACs
Hoping to spur more investment into emerging businesses amid a dry spell, Hong Kong's securities watchdog and stock exchange leaders on Friday unveiled relaxed listing rules for technology startups and eased requirements needed to clear mergers involving special purpose acquisition companies.
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August 23, 2024
Slot Machine Apps Violate Kentucky Betting Laws, Suit Says
A Kentucky man is taking aim at producers of online game apps, arguing in his federal lawsuit that these "social casinos" are causing the same problems as real-life gambling and constitute illegal wagering.
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
Ill. Cheer Parents Can Join $82.5M Antitrust Varsity Brand Deal
A Tennessee federal judge on Friday allowed cheer parents from Illinois to participate in an $82.5 million antitrust class action settlement reached with academic apparel giant Varsity Brands, finding they could receive settlement benefits without delaying the process or increasing administrative costs.
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August 23, 2024
Wash. Justices Affirm Convicted Ex-State Auditor Disbarment
The Washington Supreme Court affirmed a recommendation to disbar convicted former state auditor Troy X. Kelley after he was imprisoned on felony theft charges, finding that Kelley's crimes justified the disbarment sanction.
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August 23, 2024
NY Lawmakers Hit With ADA Suit Over Contentious Mask Ban
A Long Island, New York, county that recently made it illegal for certain individuals to wear face masks in public has been hit with a lawsuit by a legal advocacy group alleging the ban discriminates against people with disabilities.
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August 23, 2024
737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal
Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.
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August 23, 2024
Biden White House Unleashes More Sanctions On Russia
The Biden administration issued a wave of sanctions against Russia on Friday — the eve of Ukrainian Independence Day — targeting 400 entities and individuals who are allegedly helping Russia avoid the sanctions imposed in response to its invasion of Ukraine.
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August 23, 2024
NC Not Shielded From Racetrack's COVID Shutdown Suit
The North Carolina Supreme Court on Friday ruled a racetrack owner's lawsuit accusing state officials of violating his constitutional rights with a COVID shutdown order can survive dismissal, reasoning the claims were sufficient to overcome the government's protections from being sued.
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August 23, 2024
Texas Sues To Halt Green Cards For Mixed-Status Families
Texas sued the Biden administration Friday seeking to block a new program for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country, saying it exceeds the administration's parole authority.
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August 23, 2024
La. Judge Smashes EPA Civil Rights Regulations In State
A Louisiana federal judge has granted the state's request for a permanent injunction blocking the U.S. Environmental Protection Agency from enforcing civil rights regulations in the state that involve disparate impact components.
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August 23, 2024
Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy
The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.
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August 23, 2024
Latino Group Seeks Inquiry Into AG Paxton's Voter Fraud Raids
The Texas arm of the League of United Latin American Citizens is calling for a federal investigation into reports of "police state tactics" used by the Texas attorney general's office during its investigation of voter fraud.
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August 23, 2024
Google Args Don't Erase 'History Is On, Jesus,' DOJ Says
Google employees were so conscious of hiding evidence of conduct "that leads to law suits" that they reacted quickly when forgetting to let internal chats delete automatically, the Justice Department said, pushing to punish the search giant for those policies in the looming advertising technology monopolization trial.
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August 23, 2024
Texas City Can't Avoid Improvement District Bond Payments
A Texas appeals court has affirmed a Dallas specialty finance company's win over the city of Hutto, finding this week that the finance company made valid transactions despite the city's protests that the bonds at issue weren't valid under state law.
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August 23, 2024
EPA Issues Guidance On Civil Rights Safeguards
The U.S. Environmental Protection Agency has issued guidance to help its financial assistance recipients comply with civil rights laws and nondiscrimination regulations.
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August 23, 2024
Public Needs Full Record In Pebble Mine Row, Alaska Argues
Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.
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August 23, 2024
Colo. Board Wrong In Nixing Fees From Valuation, Court Rules
The Colorado Board of Assessment Appeals improperly applied a state Supreme Court decision that erroneously revived a dispute over whether fees should be included in a resort's property valuation, a state appeals court ruled.
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August 23, 2024
DHS Urges Justices To Bar Review Of Revoked Visa Petitions
The U.S. Department of Homeland Security has urged the U.S. Supreme Court to find that an immigration law bars federal courts from reviewing revoked visa petitions, saying lawmakers had reduced the possibility of duplicative legal proceedings by preventing judicial review.
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August 23, 2024
Court Again Dumps Pa. County's Dominion Contract Suit
A Pennsylvania federal court threw out a county's lawsuit against Dominion Voting Systems for a second time, ruling that an amended complaint failed to fix the issue of standing that sank the suit the first time.
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August 23, 2024
5th Circ. Strikes Down DOL Tip Rule
The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
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August 23, 2024
The Biggest Enviro Policy Moves Of 2024: Midyear Report
As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.
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August 23, 2024
Border Agent Charged With Making Migrants Expose Breasts
An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.
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August 23, 2024
Utah Plumbing Supply Co.'s Microcaptive Suit Tossed
A Utah federal judge dismissed Friday a plumbing supply company and its owners' bid to set aside the IRS' 2016 notice that imposed additional reporting requirements for certain microcaptive insurance arrangements under the threat of penalty, saying the court lacks jurisdiction to do so.
Expert Analysis
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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A Closer Look At New SDNY And EDNY Local Rules
New local rules in the U.S. District Courts for the Southern and Eastern Districts of New York went into effect earlier this month, and include both stylistic changes to make legal writing more accessible, and substantive changes to make processes and filings more efficient, say Andrew Van Houter and Jennifer Montan at Faegre Drinker.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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Chevron's End Puts Target On CFPB's Aggressive BNPL Rule
A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.