Public Policy

  • December 18, 2024

    ITC Nominees Pressed On Tariffs And China

    A U.S. Senate panel on Wednesday pressed two Biden administration appointees to the U.S. International Trade Commission on tariffs, China and how they plan on accessing "public interest" in patent investigations.

  • December 18, 2024

    Patent Limits For Biosimilar Litigation Lands In Spending Bill

    Congress' spending package to keep the government open through March would also limit how many patents a biologics maker can assert when trying to prevent a competitor from getting on the market.

  • December 18, 2024

    Schools Fighting Price-Fixing Suit Face $685M Damages Claim

    Students looking to hold a group of elite universities and colleges liable for an allegedly anticompetitive financial aid fixing scheme say they should be allowed to proceed as a class because they'll use common evidence to prove they suffered about $685 million in damages.

  • December 18, 2024

    FDIC Moves Closer To Suing Ex-Brass Of Silicon Valley Bank

    Federal Deposit Insurance Corp. leaders have given a green light for the agency to potentially sue former top brass of Silicon Valley Bank for alleged mismanagement of the bank that led to its collapse last year.

  • December 18, 2024

    Monsanto Protests DNA Damage Argument In PCB Closings

    An attorney in a toxic tort against Monsanto drew a sustained objection from the company's defense during closings Wednesday as he attempted to argue that some of the young girls allegedly exposed to PCBs "will give birth to children with altered DNA," as counsel sparred over whether the plaintiffs suffered "generational harm."

  • December 18, 2024

    Standing Unchanged In Gun Show Loophole Case, States Say

    A Texas-led coalition of states has told a federal judge that the ATF failed to "move the needle" in arguing that several pro-Second Amendment organizations don't have standing to challenge a Biden administration rule that would broaden the scope of who qualifies as a firearms dealer. 

  • December 18, 2024

    FDA's Gastro Drug Fast-Track Denial Survives DC Circ.

    A D.C. Circuit panel upheld federal regulators' refusal to streamline approval of a drug to treat nausea in patients with a chronic gastric condition, ruling that the U.S. Food and Drug Administration was right to consider the drug's development plan when deciding whether it qualified for fast tracking.

  • December 18, 2024

    Divided SEC Approves PCAOB's $400M Budget

    The Public Company Accounting Oversight Board will receive the nearly $400 million it requested to fund its operations in 2025, despite the objections of Republican members of the U.S. Securities and Exchange Commission on Wednesday who expressed concern about the auditing watchdog's growing budget.

  • December 18, 2024

    Funding Bill Takes In Broadband, Ticketing, Privacy

    A congressional spending package that would fund the federal government through March is set to include a slew of bipartisan proposals aimed at digital security, online pricing transparency and rural broadband access.

  • December 18, 2024

    NJ Court Orders AG To Give Up Control Of Paterson Police Dept.

    New Jersey Attorney General Matthew J. Platkin exceeded his authority last year when he took over police department operations in the city of Paterson and reassigned the police chief to a training post outside the city, a state appellate court ruled Wednesday.

  • December 18, 2024

    EDNY US Atty Peace To Resign Before Trump Inauguration

    Brooklyn U.S. Attorney Breon Peace, who has headed the federal prosecution office in the Eastern District of New York since 2021, announced his resignation Wednesday ahead of the incoming Donald Trump administration.

  • December 18, 2024

    DHS Pushes Through Rule To Hasten Some Removals

    A new U.S. Department of Homeland Security regulation will allow asylum officers to quickly decide if migrants are barred from asylum because of national security or public safety concerns, paving the way for swift removals of those individuals.

  • December 18, 2024

    11th Circ. Doubtful Of FCC's Marketing Consent Clampdown

    Eleventh Circuit judges appeared skeptical Wednesday of the Federal Communications Commission's legal justification for a marketing rule that requires selecting businesses on an individual basis through comparison shopping sites before the businesses can reach out to consumers.

  • December 18, 2024

    Wash. City Settles Road Rage Shooting Suit For $15M

    A Puget Sound municipality has agreed to pay $14.9 million to a restaurant owner who was paralyzed in a road-rage shooting, an attorney for the entrepreneur announced Wednesday, claiming that the same gun used to injure his client was given to the shooter by police days earlier.

  • December 18, 2024

    Judge Wants To Know If Colo. Kroger Merger Fight Is Moot

    A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday. 

  • December 18, 2024

    Democrats Blocked Again On Confirming DC Judges

    Sen. Chris Van Hollen, D-Md., tried and failed to fast-track the confirmation of 10 D.C. judicial nominees, making it unlikely these vacancies will be filled before the new year starts.

  • December 18, 2024

    Ex-Fla Rep. Charged Again For Foreign Agent Violations

    Former Florida Rep. David Rivera, who is battling an indictment in Miami over lobbying work for Venezuela, faces additional criminal charges in D.C. federal court, after a grand jury indicted him on charges he failed to register as a foreign agent when he lobbied on a Venezuelan businessman's behalf.

  • December 18, 2024

    Colo. Judge Tosses County Challenge To State Sanctuary Law

    A Colorado judge has dismissed six counties' challenge against two state laws limiting local cooperation with federal immigration enforcement, ruling the limits were well within the Legislature's power and that the counties lack standing to sue under the state and federal constitutions.

  • December 18, 2024

    CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say

    The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety. 

  • December 18, 2024

    Conn. AG Can't Close Courtroom In Ghost Gun Hearing

    A Connecticut state judge won't close the courtroom for a damages hearing in a suit by the state against an online shop selling so-called ghost gun kits, saying the public's interest in the facts of the case outweighs the state's concerns about an undercover investigator's safety.

  • December 18, 2024

    SBA Wants To Speed Up Late Subcontract Payments

    The U.S. Small Business Administration on Wednesday proposed a rule intended to speed up payments to federal small business subcontractors, requiring prime contractors to more promptly report late payments to agencies and cooperate to resolve the issue.

  • December 18, 2024

    FTC Wants Express Scripts' Defamation Suit Tossed

    The Federal Trade Commission told a Missouri federal court that Express Scripts Inc. has no basis to challenge an interim agency report that only offered "qualified conclusions" from an ongoing study about how pharmacy benefit managers affect prescription drug prices.

  • December 18, 2024

    States, Green Groups Drop Suits Over USPS Vehicle Plan

    A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.

  • December 18, 2024

    NC Lt. Gov. Wants Defamation Suit Kicked Back To State Court

    North Carolina Lt. Gov. Mark Robinson has urged a federal judge to return his defamation suit against CNN to state court, arguing that his claims against the network are tied to those against a former porn store clerk such that the lower trial court is better suited to hear the case.

  • December 18, 2024

    EPA Greenlights California's Race To 100% ZEVs By 2035

    The U.S. Environmental Protection Agency on Wednesday authorized California's plan to require that all new light cars and trucks sold in the state be zero-emission vehicles by 2035, a move that was instantly slammed by the fossil fuel industry.

Expert Analysis

  • A Look At SEC, CFTC's Record Year For Whistleblower Awards

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    Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.

  • Green Projects Face States' Foreign Land Ownership Limits

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    As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Marketing Messages Matter In State AG Consumer Protection

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    Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • What To Know About Fla. Civil Procedure Rule Revisions

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    While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.

  • From Football To Pickleball, Sports Investing Evolved In 2024

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    The NFL's decision to allow private-equity investments in football franchises capped off a transformative year in U.S. sports that also included landmark PE transactions in emerging sports ranging from women's soccer to pickleball, say attorneys at Weil.

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