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Public Policy
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September 25, 2024
Mass. Police Officers Sue Over Cost Of Prep For Biased Exam
A group of Massachusetts police officers say they should be reimbursed for the costs of preparing for 2022 promotional exams that were administered in the midst of a trial where similar tests were ultimately found to be biased against Black and Hispanic officers.
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September 25, 2024
Seattle Suburb Settles Biz Group's Suit Over Pro-Tenant Rules
A business group agreed to drop a lawsuit after a Seattle suburb backed off a pair of recently passed rules setting up just cause eviction protections and banning "abusive and deceptive" practices among landlords, even as the city kept other policies favoring tenants in effect.
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September 25, 2024
11th Circ. Weighs Sovereignty In Ala. Burial Ground Fight
An Eleventh Circuit judge on Wednesday described a lower court's ruling in a dispute between two tribes over an ancient Alabama burial site as problematic, arguing that it failed to evaluate sovereign immunity status on a claim-by-claim basis and instead lumped it together, against precedent.
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September 25, 2024
EPA Can't Justify Calif. Emissions Ruling, High Court Told
Republican-led states told the U.S. Supreme Court the U.S. Environmental Protection Agency can't justify a D.C. Circuit decision backing its authorization of a Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for certain vehicles and run a zero-emissions vehicle program.
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September 25, 2024
Engineer Says DHS Wrongly Tied Him To Old Co.'s Fraud
A Bangladeshi engineer sued the U.S. Department of Homeland Security on Wednesday, alleging that it flagged his immigration file based on an old, unpaid internship with a recruiting firm later found to have committed immigration fraud.
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September 25, 2024
Ga. Voting Groups Sue Over New State Election Law
The Georgia State Conference of the NAACP and the Georgia Coalition for the People's Agenda slammed Secretary of State Brad Raffensperger with a complaint, seeking an injunction of certain provisions of a new election law sanctioning voter removals based on alleged address changes.
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September 25, 2024
DACA Intervenors In ACA Suit Resist Stay Of Dismissal Bid
Recipients of the Deferred Action for Childhood Arrival program seeking to defend their access to Affordable Care Act coverage pressed a North Dakota federal judge to decide if a lawsuit, filed by Republican states, should be dismissed or moved to Washington, D.C., saying their motion to intervene in the suit doesn't have to be decided first.
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September 25, 2024
FCC Looks To Begin Georouting For Localized 988 Response
The Federal Communications Commission is set to require the georouting of calls to the 988 mental health line so they reach crisis centers within the caller's local area.
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September 25, 2024
DHS Gives Qatari Citizens Visa-Free Travel For Short Visits
U.S. Department of Homeland Security designated Qatar for a Visa Waiver Program, allowing its citizens and nationals to enter the U.S. for up to 90 days without obtaining a visa.
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September 25, 2024
Workplace Protections Bill For Judiciary Reintroduced
Lawmakers from both parties and chambers announced on Wednesday they've reintroduced a bill to increase workplace protections for federal judiciary employees.
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September 25, 2024
Expect More R&D Guidance Before Regs, IRS Atty Says
The Internal Revenue Service plans to release more guidance governing the tax treatment of research and development expenses before it formally issues proposed regulations that implement the 2017 federal tax law's changes to the incentive, an agency attorney said Wednesday.
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September 25, 2024
NJ Hemp Restrictions Draw Early Industry Challenge
A group of companies that manufacture and sell hemp products asked a New Jersey federal court Tuesday to block the enforcement of a new Garden State law restricting and regulating the sale of intoxicating hemp products.
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September 25, 2024
Senate Fills Wisconsin Judicial Vacancy On Second Try
The Senate voted 58-37 on Wednesday to confirm Byron Conway, attorney at Habush Habush & Rottier SC, for the Eastern District of Wisconsin, a seat that has been vacant since December 2019.
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September 25, 2024
Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ
A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.
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September 25, 2024
Besieged NJ Prosecutor Says Gov. Can't Replace Him Yet
The former Warren County, New Jersey, prosecutor who retired under a cloud in April but withdrew his retirement days later said on Tuesday that Gov. Phil Murphy's move last week to nominate a permanent replacement won't work, because he hasn't actually resigned.
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September 25, 2024
FCC Closer To Opening Airwaves, But Auctions Still In Limbo
President Joe Biden's communications regulators are still pushing to get prized spectrum into the hands of private companies, but the window for regaining legal authority to auction the airwaves this year will soon close, and the next White House administration will face challenges too.
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September 25, 2024
NJ High Court To Review Judicial Privacy Law In Media Case
The New Jersey Supreme Court will consider whether a municipality overstepped by using the judicial privacy measure Daniel's Law to stop a journalist from publishing an article about the city's police director's address, according to a recently filed order.
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September 25, 2024
Texas Court Denies District's Attempt To Boost Valuations
A Texas trial court didn't err in throwing out a counterclaim brought by a local appraisal district to increase the assessed values of two multifamily properties, a state appeals court ruled Wednesday.
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September 25, 2024
NJ Bill Would Hike Threshold For Tax On Property Transfers
New Jersey would raise the threshold for the imposition of a controlling interest transfer tax or an additional fee on transfers of various kinds of real property under a bill introduced in the state Assembly.
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September 25, 2024
Mich. Justices Take Up Prosecutor's Outside Counsel Hires
The Michigan Supreme Court said Wednesday it will hear arguments in a dispute over the Macomb County prosecuting attorney's power to retain outside law firms for general legal advice.
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September 25, 2024
EU States Must Unify Divergent Biz Rules, Majority Says
The European Union must double down on unifying its divergent rules for businesses in a policy proposal next year because the bloc's main competitive advantage is its single market, almost three-quarters of EU countries told the bloc's executive arm.
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September 25, 2024
NYSE Cancels Proposal To Extend SPAC Merger Deadlines
The New York Stock Exchange has pulled a proposal that would have provided special purpose acquisition companies with more time to complete mergers while remaining listed, several months after it sought regulatory approval for the extension.
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September 25, 2024
Wyden Calls On 2025 Tax Bill To Include Partnership Reform
Lawmakers should consider next year how to revise partnership tax laws to better collect on large businesses' income without harming smaller entities as Congress debates over how to address expiring tax provisions, Senate Finance Committee Chairman Ron Wyden said Wednesday.
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September 25, 2024
Ex-NY Congressman Argues He Can Be A Fair Federal Judge
President Joe Biden's nominee for the Northern District of New York told lawmakers on Wednesday that his previous stint as a member of the U.S. House of Representatives won't impact his role as an objective federal judge.
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September 25, 2024
US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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What To Know About CFPB Stance On Confidentiality Terms
A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.
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Opinion
To Lower Drug Prices, Harris Must Address Patent Thickets
If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations
A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Opinion
Congress Must Do More To Bolster ERISA Protections
As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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How Fund Advisers Can Limit Election Year Pay-To-Play Risks
With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.