Public Policy

  • December 16, 2024

    'Plans Do Matter,' Tempur Sealy Says In Final Merger Hearing

    Tempur Sealy made its final push Monday in support of its $4 billion planned Mattress Firm purchase, telling a judge during closing arguments that the Federal Trade Commission hadn't shown that the company planned to deviate from its intent for Mattress Firm to remain autonomous. 

  • December 16, 2024

    Merger Enforcers End Year On Upswing

    The Biden administration's antitrust enforcers have boasted that one side effect of their aggressive approach to merger enforcement has been helping stop problematic deals from being cut in the first place, but the agencies also scored key court rulings blocking transactions in their final year that could have a more enduring effect.

  • December 16, 2024

    NY Judge Denies Trump's 1st Immunity Dismissal Motion

    The New York state judge overseeing President-elect Donald Trump's hush money case denied the first of his immunity-based dismissal motions on Monday, finding that the trial evidence in the criminal case was not tainted by "official acts" evidence from his first term in office.

  • December 16, 2024

    Feds, Ute Tribe Wrestle Over 19th Century Laws In Land Fight

    The federal government and the legal team representing the Ute Indian Tribe clashed over the interpretation of two 19th-century laws during a hearing in Washington, D.C., federal court Monday, as the tribe seeks to restore lands within its Utah reservation to trust status.

  • December 16, 2024

    Congress Sends Biden Another Bill To Help Federal Courts

    The House voted 390-0 Monday evening in favor of a bipartisan bill to make permanent 10 judgeships across the country, including in Texas, Florida and California, and the bill now goes to the president's desk.

  • December 16, 2024

    Ex-Ill. Rep. Says He Got ComEd, AT&T Work With Madigan's Help

    Former Illinois state Rep. Eddie Acevedo testified Monday that he obtained consulting work from utilities ComEd and AT&T with former House Speaker Michael Madigan's help, but pushed back on prosecutors' suggestion that he performed little to no work for the pay.

  • December 16, 2024

    House Clears Bills To Promote Broadband, Wireless

    The U.S. House passed three bills Monday aimed at easing broadband deployment and bolstering U.S. leadership in wireless industries.

  • December 16, 2024

    Colo. Justices Revoke Decision On Eviction Jury Trials

    The Colorado Supreme Court on Monday rescinded its October ruling that tenants facing eviction are entitled to jury trials if there are factual disputes, after a tenant revealed in her rehearing petition that she was sent an eviction notice in the mail and wasn't personally served.

  • December 16, 2024

    High Court Faces Dueling Views Over EPA Rule Fights

    The U.S. Supreme Court on Friday was presented with dueling arguments over whether the bulk of judicial challenges to U.S. Environmental Protection Agency air pollution rules should remain in the D.C. Circuit or can be heard in other, regional circuit courts.

  • December 16, 2024

    DC Circ. Skeptical That EPA Moved Too Early On Particulates

    Judges on the D.C. Circuit seemed unlikely to buy arguments from industry groups and a coalition of Republican-led states challenging a February U.S. Environmental Protection Agency rule on particulate matter, grilling an attorney for the challengers on the agency's Clean Air Act authority during oral arguments Monday.

  • December 16, 2024

    Mich. Judge Troubled By Scope Of Feds' CTA Data Collection

    A federal judge in Michigan said new disclosure requirements for small businesses seem burdensome and intrusive during a Monday hearing focused on the privacy implications of the currently blocked anti-money laundering law.

  • December 16, 2024

    Right-Wing Pair Can Be Charged For False Election Robocalls

    A Michigan appellate panel has upheld, for the second time, criminal charges against two right-wing conspiracy theorists who led a misinformation campaign that targeted Black voters, finding that even under a narrowed test from the state's top court, the pair likely knew the robocalls shared false information and were related to voting procedures.

  • December 16, 2024

    Canadian Finance Minister Resigns Amid Trump Tariff Threats

    Canada's deputy prime minister and minister of finance announced Monday that she is resigning from her post, citing conflicting views with Prime Minister Justin Trudeau about how to respond to tariff threats under President-elect Donald Trump's incoming administration.

  • December 16, 2024

    Conn. Utility Says PFAS Class Claims Belong With Regulators

    Most of the claims in a proposed class action against a Connecticut water company that allegedly failed to protect customers against "forever chemicals" cannot proceed because they needed to be heard first by state regulators, the utility argued in seeking to trim the complaint.

  • December 16, 2024

    11th Circ. Appears Wary Of Doc's New Trial Bid In $27.5M Case

    The Eleventh Circuit on Monday questioned whether a Georgia doctor and his medical practice should get a new trial in a $27.5 million False Claims Act case on the basis that he and an expert who wasn't allowed to testify at trial believed the thousands of treatments he billed for were medically necessary and could be covered by Medicare, saying that contention seems to contradict the doctor's prior statements. 

  • December 16, 2024

    Navajo President Cleared In VP Sexual Harassment Probe

    Navajo Nation President Buu Nygren has been cleared of allegations that he sexually harassed the tribe's Vice President Richelle Montoya during an August 2023 encounter, its attorney general announced, saying an outside firm hired to investigate the incident found that her reports don't violate any of the tribe's criminal laws.

  • December 16, 2024

    Cos. Urge Judge To Maintain Injunction On Transparency Law

    A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.

  • December 16, 2024

    No 1st Amendment Right For Prison Interviews, 4th Circ. Says

    A South Carolina prison's policy of prohibiting interviews with inmates does not violate the First Amendment's free speech protections, the Fourth Circuit has said in a published decision.

  • December 16, 2024

    Albertsons Says Kroger 'Squandered' $25B Merger Bid

    The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.

  • December 16, 2024

    Wyden Bill Would Nix Tax Perks For Private Placement Plans

    U.S. Senate Finance Committee Chairman Ron Wyden unveiled legislation Monday that would remove the tax benefits of a special type of private life insurance plan that he said high-net-worth individuals have been abusing to avoid paying taxes on their investments in the policies.

  • December 16, 2024

    ICE Contractor Claims Immunity From Family Separation Suit

    Transportation services provider MVM Inc. is arguing a father and son suing it for its role in a Trump administration policy that separated them and thousands of other immigrant families can't show it acted unlawfully or outside the bounds of a valid federal contract, dooming their litigation.

  • December 16, 2024

    Experienced Retail Adviser Joins Hunton In DC

    Hunton Andrews Kurth LLP announced Monday that a longtime vice president and senior counsel at the National Retail Federation has joined the firm's Washington, D.C., office as a public policy and government relations partner.

  • December 16, 2024

    Texas Courts Eye 'Living Wage' Hikes For Support Staff

    Court support and clerk's office personnel in Texas should receive pay at levels that at least amount to a living wage in their counties to fight attrition, the Texas Judicial Council heard, and a novel "time study" is needed to determine each jurisdiction's staffing needs.

  • December 16, 2024

    Trump Makes Another Pick For Homeland Security Team

    President-elect Donald Trump said he will nominate IBM executive Troy Edgar to serve as deputy secretary of the U.S. Department of Homeland Security, after previously nominating South Dakota Gov. Kristi Noem to lead the department.

  • December 16, 2024

    Vape Cos. Say Ky. Regulations Violate Federal Law

    A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.

Expert Analysis

  • A Closer Look At SDNY Bankruptcy Rule Amendments

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    The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.

  • How Litigation, Supply Chains Buffeted Offshore Wind In 2024

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    U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • What Bisphenol S Prop 65 Listing Will Mean For Industry

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    The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Permitting, Offtake Among Offshore Wind Challenges In 2024

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    Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream

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    As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.

  • Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion

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    Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Federal Embrace Of Crypto Regs Won't Lower State Hurdles

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    Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

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