Public Policy

  • November 07, 2024

    Tribes Make New Push For Voter Access And Representation

    Facing long-standing barriers to voting access and a spate of close races, Native Americans ramped up efforts this election cycle to encourage voter turnout, elect Indigenous candidates and highlight the absence of issues affecting Indian Country on the national stage — with mixed results.

  • November 07, 2024

    Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute

    The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.

  • November 07, 2024

    Ariz. OKs Property Tax Credits For Unattended Nuisances

    Arizona property owners affected by public nuisances that local governments fail to address could qualify for tax refunds under Proposition 312, a ballot measure approved by state voters.

  • November 07, 2024

    Mass. Court Affirms Nix Of Property Tax Appeal Citing Blight

    A Massachusetts homeowner's request for a property tax abatement because of local blight was properly rejected by a state tax board because the owner did not pay the tax at issue as required, the state appeals court ruled Tuesday.

  • November 07, 2024

    Bakery Union Local To Hold New Officer Election In DOL Deal

    An Illinois-based Bakery Confectionery Tobacco Workers & Grain Millers local will conduct a new election for three officers and four trustees under the U.S. Department of Labor's supervision, according to a settlement resolving claims that the union didn't properly update members' addresses before sending out ballots.

  • November 07, 2024

    Ga. Man Avoids Prison For Threats To Kill Rep. Greene

    A Georgia man who threatened that he was "gonna kill" U.S. Rep. Marjorie Taylor Greene was able to avoid prison time Thursday as a federal judge sentenced him to time served along with three years of probation.

  • November 07, 2024

    Same PBM Conduct Means Same Insulin Price Trial, FTC Says

    Federal Trade Commission staffers want Caremark Rx, Express Scripts and OptumRx kept together in a single in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes, arguing they are all "accused of violating the same laws by engaging in the same type of conduct."

  • November 07, 2024

    Ex-Cop, Brother Admit Energy Contract Kickback Scheme

    A former Massachusetts police officer and his electrician brother pled guilty Wednesday to paying off employees of a utility ratepayer-funded energy savings program administrator who steered $36 million in contracts their way, federal prosecutors said Thursday.

  • November 07, 2024

    Sirius XM Flags Evidence Of Disruption From FCC Plan

    Sirius XM Radio is telling the Federal Communications Commission that Apple, Broadcom, Google and Meta have been too dismissive of its concerns about allowing outdoor use of virtual reality headsets and other very low power devices on the low-7 gigahertz band, urging the commission to protect its service from interference.

  • November 07, 2024

    Transparency Act Should Exclude Housing Co-Ops, Court Told

    A group of housing cooperatives asked a Michigan federal judge to grant them an exemption from the "dragnet" Corporate Transparency Act, claiming the disclosure requirements will deter members from serving on boards that govern affordable housing developments.

  • November 07, 2024

    Canada's Competition Bureau Seeks Dye & Durham Docs

    Canada's Competition Bureau announced Thursday that it obtained a court order to gather information and advance an ongoing investigation into alleged anti-competitive conduct by legal technology company Dye & Durham Ltd., which has been scrutinized over the past year by activist investors and other national regulatory bodies.

  • November 07, 2024

    Feds Say Fla. Atty Can't Shake COVID Relief Fraud Conviction

    In a case involving a Florida lawyer serving a 75-month sentence for a COVID-19 loan fraud scheme, federal prosecutors are arguing that the trial judge was correct to allow a witness to testify that the defendant had talked about having another co-conspirator killed.

  • November 07, 2024

    Calif. Gov. Lays Groundwork To Fight Trump Policies In Court

    California Gov. Gavin Newsom called a special legislative session on Thursday to fund litigation against President-elect Donald Trump's potential erosion of abortion rights, immigration protections and environmental progress, saying lawyers for the blue state have already begun preparing "to challenge in court unconstitutional and unlawful federal policies."

  • November 07, 2024

    Indicted Power Broker Says Civil Suit Repeats Earlier Claims

    Indicted Garden State power broker George E. Norcross III and his attorney brother have urged a New Jersey state judge to toss the civil racketeering suit brought against them by a Philadelphia developer, arguing that the developer's claims are time-barred and should have been filed in previously litigated and resolved actions.

  • November 07, 2024

    Louisiana Says EPA Usurped State Power In Pollution Row

    The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency. 

  • November 07, 2024

    Restore Engineer Certification For Broadband Maps, FCC Told

    The Federal Communications Commission is thinking about removing a requirement that all submissions to its Broadband Data Collection come certified by a professional engineer, but the Rural Wireless Association thinks that's a mistake.

  • November 07, 2024

    Trump's Victory Muddles NY Sentencing: 'No Playbook Here'

    The fate of President-elect Donald Trump's criminal conviction in New York remains unclear following his resounding electoral victory Tuesday night, as last-minute motions, a pending decision on presidential immunity and appeals may derail or delay a punishment slated to be handed down before Thanksgiving.

  • November 06, 2024

    Judiciary Panel Spurns Broadcasts, But More Pressure Looms

    Despite support from a jurist who televised a mass murderer's trial, the lead rulemaking body for federal criminal cases voted Wednesday against loosening limits on courtroom broadcasts, but members exchanged sharply conflicting views and predicted that digital age pressure will keep rising.

  • November 06, 2024

    Trump's SEC Expected To See 'Dramatic' Enforcement Change

    Former President Donald Trump's reelection means a notable shift in the types of cases the U.S. Securities and Exchange Commission is expected to bring, attorneys said Wednesday at a Washington, D.C., conference, while the agency's current top enforcer vowed business as usual for now as it carries on with its well over 1,500 investigations.

  • November 06, 2024

    FTC Pushes For Amazon Docs In Antitrust Case

    The Federal Trade Commission on Tuesday urged a federal court in Seattle to make Amazon hand over documents in the agency's monopolization case against the e-commerce giant, saying its discovery requests aren't unduly burdensome given the breadth of Amazon's alleged anticompetitive conduct.

  • November 06, 2024

    LGBcoin Trustee Can't Get SEC Subpoena Stayed Amid Appeal

    A hedge fund manager associated with the political-meme-inspired digital asset LGBcoin can't get an administrative subpoena from the U.S. Securities and Exchange Commission stayed while he seeks an appeal, a Miami federal judge has decided.

  • November 06, 2024

    Intra-EU Cases To Get New Treatment By Stockholm Chamber

    The Stockholm Chamber of Commerce has adopted a new policy that it says will help ensure the arbitral awards it issues in intra-European Union investor-state disputes are enforced, following rulings from the bloc's highest court invalidating arbitration clauses in investment agreements between EU member states.

  • November 06, 2024

    10th Circ. Backs Colorado Age Limits For Gun Buyers

    A Tenth Circuit panel on Tuesday upheld a Colorado law establishing 21 as the minimum age to buy and sell guns in the state, concluding that age restrictions for buying guns don't have to line up with the age of majority.

  • November 06, 2024

    Trump's Win Likely To Spur Deals For Capital Markets Attys

    Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.

  • November 06, 2024

    Ill. Court Reinstates Stabbing Suit Against School District

    An Illinois school district can not escape a lawsuit seeking to hold it liable for a stabbing that injured one child and killed another, a state appeals court ruled, saying it isn't yet obvious if the decision to reintroduce the student attacker back into the school was a policy choice that is immune from litigation.

Expert Analysis

  • A Narrow Window Of Opportunity To Fix Energy Transmission

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    A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Compliance Pointers For Amended Pa. Data Breach Law

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    Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Staying Off The CFPB's Financial Services Offender Registry

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    The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • A Look At Calif.'s New AI Law For Health Insurers

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    A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.

  • New HHS Research Misconduct Rules Bring Seismic Changes

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    The U.S. Department of Health and Human Services' new rule regarding research misconduct investigations brings significant changes that focus on remediation, appeals and confidentiality, while other changes could result in institutions causing undue harm to scientists accused of such misconduct, say attorneys at Cohen Seglias.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

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