Public Policy

  • December 13, 2024

    Sexual Abuse, Price-Gouging Bills Clear Michigan Senate

    Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.

  • December 13, 2024

    NC Justices Establish Standard For Ousting Elected Clerks

    North Carolina's top court Friday found a replacement judge had the power to remove an elected county clerk from office and, in doing so, determined a clerk's actions need not rise to the level of willful misconduct to justify her expulsion.

  • December 13, 2024

    Conn. Stadium Bidder Can't Pursue 'Sham' Process Claims

    An unsuccessful bidder for the redevelopment of Trinity Health Stadium in Hartford, Connecticut, lacks standing to carry on a 56-count lawsuit against 19 defendants that it accused of executing a "sham" process, a state appeals court ruled Friday.

  • December 13, 2024

    Texas AG Sues NY Doctor Over Telehealth Abortion Script

    Texas Attorney General Ken Paxton sued a New York doctor who founded the Abortion Coalition for Telemedicine in the Lone Star State Friday, accusing the physician of violating Texas state abortion laws by providing abortion-inducing prescription drugs to a Texas resident via telehealth.

  • December 13, 2024

    Wis. Tribe Challenges Enbridge Pipeline Reroute Permits

    The Bad River Band of Lake Superior Chippewa on Thursday sued Wisconsin environmental officials over permits given to Enbridge Inc. to reroute part of its controversial Line 5 pipeline around the tribe's reservation and build a new segment in the area.

  • December 13, 2024

    Calif. Justices Won't Undo Judge's Ouster Over Misconduct

    The California Supreme Court has decided not to overturn a state judge's removal from the bench for conducting a campaign of retaliation against court employees he suspected of being "moles."

  • December 13, 2024

    Menendez, 2 Co-Defendants Lose Bids For New Bribery Trial

    A Manhattan federal judge on Friday rejected bids by former Sen. Bob Menendez and two co-defendants for a new trial, ruling there is no manifest injustice after the ex-senator argued the government failed to offer any evidence of how he used his office's power to benefit any of the alleged bribe givers.

  • December 13, 2024

    Construction Co. Fights Stay In Small Biz Qui Tam Suit

    The owners of a construction firm accused in a whistleblower suit of defrauding a program for disadvantaged small businesses objected to a request to delay the suit while the Eleventh Circuit considers the appeal of another suit that resulted in a controversial decision deeming the whistleblower provision of the False Claims Act unconstitutional.

  • December 13, 2024

    Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On

    In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.

  • December 13, 2024

    Justices To Decide If Industry Can Test Calif. Auto Waiver

    The U.S. Supreme Court on Friday granted fossil fuel industry groups' request to review a decision backing the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, but the justices won't consider the legality of the waiver itself.

  • December 13, 2024

    Trump Rips DA's 'Dark Dream' To Legally Treat Him As Dead

    Donald Trump's attorneys Friday slammed a proposal by the Manhattan district attorney to preserve the president-elect's hush money conviction by treating him like a defendant who dies after a verdict, pushing the judge to dismiss the case altogether.

  • December 13, 2024

    Lawmakers Press Tech Giants As TikTok D-Day Looms

    A pair of lawmakers on Friday leaned on TikTok to ensure it meets a Jan. 19 deadline to sell its operations or face a U.S. ban, while also pressing tech giants Apple and Google to be prepared to deplatform the video-sharing app if it refuses to sell.

  • December 13, 2024

    White House Reviewing 2nd Half Of H-1B Modernization Rule

    With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.

  • December 13, 2024

    Minn. Senior Home's Tax Appeal Nixed For Lack Of Info

    A Minnesota senior living community failed to provide a local assessor with required income and expense information related to its property tax appeal, the Minnesota Tax Court said, dismissing the case.

  • December 12, 2024

    Vidal Reflects On USPTO Achievements As She Leaves Office

    Kathi Vidal will serve her last day as U.S. Patent and Trademark Office director on Friday and rejoin her former firm, Winston & Strawn LLP, on Monday. She talked to Law360 as she prepared her exit from the agency, with internal changes top of mind as she looked back on her tenure.

  • December 12, 2024

    Sens. Say Bipartisan Efforts Possible For Telecom In 2025

    Key lawmakers who work on telecom policy suggested Thursday that Capitol Hill could come together in a bipartisan way next year to tackle some important issues left outstanding from the Biden era, including permitting reform to spur broadband expansion.

  • December 12, 2024

    Ballot Issue Group Can't Nose Into Ark. Casino Measure Suit

    The ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business's casino license can't intervene in the tribal entity's challenge that looks to block the law, a federal district court judge said Thursday, arguing that it has not adequately refuted the presumption that the state can defend its rights.

  • December 12, 2024

    Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor

    A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties.

  • December 12, 2024

    Electric Co-Ops Oppose Proposed FCC Customer Service Regs

    The National Rural Electric Cooperative Association is adding its name to the list of those who think the Federal Communications Commission's plan to impose new rules surrounding customer service is a bad idea.

  • December 12, 2024

    Bitcoin Investor Gets 2 Years For Tax Fraud In Landmark Case

    An investor who concealed millions of dollars he earned in bitcoin and became the first person criminally charged for failing to report gains from the sale of cryptocurrency by filing false returns was sentenced to two years in federal prison Thursday.

  • December 12, 2024

    Sierra Club-EPA Row Has 6th Circ. Debating Smog Data

    A Sixth Circuit judge questioned Thursday whether a Sierra Club challenge over Detroit's air quality was "a debate over the science" as opposed to the law, as the group fights federal regulators' determination that air pollution in the area is under control.

  • December 12, 2024

    SEC Will Be GOP-Only Without Crenshaw's Vote, Groups Warn

    More than 40 organizations sent a collective letter to U.S. senators in support of Democrat Caroline Crenshaw's reconfirmation to the U.S. Securities and Exchange Commission on Thursday, a day after Senate Republicans blocked a closed-door vote on her nomination.

  • December 12, 2024

    Texas AG Targets Instagram, Reddit Over Youth Data Security

    Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.

  • December 12, 2024

    Mich. Judge Hesitant To Rule On $217M Dam Repair Tax

    A Michigan federal judge sounded reluctant Thursday to make a decision about whether a $217 million dam repair tax assessment violated homeowners' constitutional rights before a state appellate panel rules on the homeowners' challenge to the assessment in a parallel case over properties affected by flooding from the 2020 Edenville Dam collapse.

  • December 12, 2024

    Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases

    A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.

Expert Analysis

  • Opinion

    Justices Should Squash Bid To Criminalize Contract Breaches

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    In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.

  • 'Reverse Redlining' Suit Reveals Language Risks For Lenders

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    The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.

  • Trump Patent Policy May Be Headed In Unexpected Direction

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    While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Mitigating Defamation Liability Risks Of AI-Generated Content

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    Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Takeaways From Final Regulations For China Investment Ban

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    ​The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.

  • Compliance Considerations Of DOJ Data Security Rule

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    Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.

  • What Higher Education Can Expect From A 2nd Trump Admin

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    The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • How D&O Coverage Can Aid Against Increased AI Scrutiny

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    The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.

  • When Investigating An Adversary, Be Wary Of Forged Records

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    Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.

  • Crypto Cos. Add New Play In Their Offense Against SEC

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    Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.

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