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Public Policy
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June 28, 2024
IRS Reminds Marijuana Businesses They Can't Get Tax Breaks
The Internal Revenue Service sought to remind taxpayers Friday that businesses selling marijuana, even in states where it's legal, are not entitled to federal tax deductions, saying some taxpayers are filing invalid claims for refunds through amended returns.
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June 28, 2024
Mass. Senate OKs $5B Housing Bill Without Local-Option Tax
Massachusetts would authorize about $5 billion in bonding authority to promote housing under legislation passed by the state Senate that leaves out a local-option real estate transfer fee sought by Democratic Gov. Maura Healey.
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June 28, 2024
Providers Need More Time To Meet SIM Swap Rules, FCC Told
Mobile providers are increasing pressure on the Federal Communications Commission for more time to roll out new phone card swapping policies to comply with an FCC rule aiming to protect wireless consumers from fraud.
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June 28, 2024
Afghans Who Aided U.S. Gov't Sue Over Kids' Visa Denials
A group of Afghan nationals who supported the U.S. government in its decades-long war against the Taliban sued the federal government in Virginia federal court Thursday, claiming their children's visa applications were arbitrarily denied after years of processing delays, forcing them to remain in Afghanistan and putting them in grave danger.
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June 28, 2024
4 Things To Know As New SPAC Rules Take Effect
The U.S. Securities and Exchange Commission's new rules governing special-purpose acquisition companies take effect on Monday, marking an expansive attempt to strengthen oversight of SPAC deals. Here, Law360 examines what to expect as the agency's 581-page rule package goes live.
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June 28, 2024
Chevron Ruling No Sea Change For Tax Court, Judge Says
The U.S. Tax Court will continue to rely on the IRS and Treasury's expertise in the tax code following the U.S. Supreme Court's landmark decision to overturn the 40-year-old Chevron doctrine that directed courts to defer to federal agencies' interpretations of ambiguous law, a judge said Friday.
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June 28, 2024
Ga. Secretary Of State Seeks Denial Of Fees In Voting Case
The Georgia secretary of state has urged a federal judge not to award attorney fees and costs to a coalition of voting rights groups that challenged the legality of how the state adds newly naturalized citizens to its voter rolls.
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June 28, 2024
Bannon Can't Dodge Prison In Contempt Appeal
Steve Bannon must go to prison Monday, according to a U.S. Supreme Court order Friday rejecting the former Trump White House chief strategist's bid to stave off his four-month sentence for contempt of Congress.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Justices Limit Fed. Use Of Obstruction Charge In Jan. 6 Cases
The U.S. Supreme Court limited Friday the U.S. Department of Justice's use of an obstruction of Congress statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021, ruling the law enacted in the wake of an accounting scandal requires the obstructive act must somehow impair the availability or integrity of official documents or proceedings.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 28, 2024
Supreme Court Backs Oregon City's Anti-Camping Laws
The U.S. Supreme Court upheld an Oregon city's anti-camping ordinances Friday against a challenge from homeless residents who allege the laws penalize them for being homeless.
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June 27, 2024
Biden, Trump Spar On Abortion Access In The Wake Of Dobbs
The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."
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June 27, 2024
Biden Takes Dig At 'Convicted Felon' Trump In 1st Debate
President Joe Biden referred to former President Donald Trump as a "convicted felon" during Thursday's presidential debate, while Trump suggested that Biden could be criminally prosecuted after leaving office.
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June 27, 2024
Menendez Met Alleged Briber Pre-Gold Price Search, Jury Told
An FBI cell tower expert told Sen. Robert Menendez's bribery jury Thursday that the phones of the senator, his wife and co-defendant developer Fred Daibes all pinged in the same location minutes before the senator did a web search for "how much is one kilo of gold worth."
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June 27, 2024
Freedmen Heir Has Standing In Land Leasing Row, Court Says
A descendant of those enslaved by the Cherokee Nation can challenge the federal government's alleged restriction on funds from early 20th century land allotments, a D.C. Circuit judge said, arguing that she suffered a cognizable injury due to the Interior Department's failure to provide an accounting of the transactions.
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June 27, 2024
Tesla Error Doomed Bid To Arbitrate Race Bias Suit, Court Says
Tesla must face a Black ex-employee's claims of race discrimination in court, a California appeals court ruled Wednesday, affirming a lower court's finding that the electric vehicle maker lost its chance to arbitrate the claims after it failed to pay arbitration fees on time.
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June 27, 2024
Sen. Brown Asks White House To Enforce Mexican Steel Curbs
Sen. Sherrod Brown, D-Ohio, has argued an alleged surge of Mexican steel into the U.S. threatens to undermine the domestic economy in a letter urging the Biden administration to enforce a trade deal restricting Mexican steel.
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June 27, 2024
DOJ Defends Transport Monopoly Charges In Antitrust Case
Federal prosecutors have opposed an accused conspirator's bid to dismiss charges against him in an antitrust case claiming he's one of a dozen individuals who monopolized cross-border sales of used vehicles and other goods from the U.S. to Central America through violence.
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June 27, 2024
Bill Would Add Protections For Native American Children
A bipartisan bill recently introduced in the U.S. House and the Senate puts new safeguards in place for Native American children, according to lawmakers who say it will help kids avoid getting removed from their families due to overt or implicit bias against Native parents and tribes.
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June 27, 2024
High Court Liberals Warn Jarkesy's Reach Will Be Widespread
The U.S. Supreme Court's decision to limit the U.S. Securities and Exchange Commission's use of its in-house courts will have "momentous consequences" for dozens of agencies tasked with overseeing the electric grid, environmental regulations and consumer protection laws, the court's liberal wing has warned.
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June 27, 2024
State AGs Want Stay Lifted In Generic Drug Pricing Suit
The attorneys general of New York and Connecticut have asked a federal judge to lift a partial discovery stay in three state-led generic drug pricing lawsuits against the pharmaceutical industry, saying it is no longer necessary because sentencing is complete in a parallel U.S. Department of Justice proceeding.
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June 27, 2024
Interest Groups Want To Join 6th Circ. Net Neutrality Appeals
The Sixth Circuit should allow several public interest groups to intervene in the bundle of net neutrality challenges currently before the appellate court, in case there's an administration change and the FCC switches positions on the matter, those groups are arguing.
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June 27, 2024
CBD Cos. Say Iowa Hemp Law Could Destroy State Industry
A slew of hemp retailers, farmers, manufacturers and distributors urged a federal judge to block a law allowing the state to impose new rules over the hemp industry, set to go into effect Monday, saying the regulations would wipe out "the entire consumable hemp industry in Iowa."
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June 27, 2024
Warner Bros. Sued Over Presidential Debate Streaming Rights
Warner Bros. Discovery is facing a suit by a YouTuber in California federal court claiming it has refused to offer social media creators streaming and commentary rights for the presidential debate.
Expert Analysis
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SEC Amendments May Launch New Execution Disclosure Era
The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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How HHS Discrimination Rule Affects Gender-Affirming Care
The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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How CFPB Credit Card Rules Slot Into Broader Considerations
Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Novel Applications May Fizzle After Fed Master Account Wins
Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.