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Public Policy
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August 30, 2024
HHS Wins Escape From Low-Income Hospital Payment Fight
A D.C. federal judge on Friday agreed to toss a lawsuit brought by a group of hospitals against the U.S. Department of Health and Human Services challenging its Medicare payment determinations for low-income patients, finding the hospitals didn't exhaust their administrative remedies.
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August 30, 2024
Missouri Ban On Some Psychoactive Foods To Hit Sept. 1
Missouri Gov. Mike Parson's ban on consumables "containing psychoactive cannabis products" will go into effect Sunday, according to an announcement by state health regulators.
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August 30, 2024
Axon Pushes FCC Again For New Surveillance Device OKs
Police body cam maker Axon again pressed the Federal Communications Commission to approve the use of three surveillance devices, emphasizing they will only be used briefly for law enforcement situational awareness.
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August 30, 2024
Nebraska Expected To Vote On Medical Marijuana Legalization
Medical marijuana advocates have met the requirements to put a legalization question before Nebraska voters on Election Day this November, the secretary of state announced Friday.
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August 30, 2024
New York Code Council, Officials Duck Natural Gas Ban Suit
A New York federal court dropped the New York Department of State, the New York State Fire Prevention and Building Code Council and several state officials from trade groups' challenge to the state's recent ban on natural gas in new construction.
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August 30, 2024
Judge Unsure Warehouse Antitrust Suit Belongs In Fed. Court
An Illinois federal judge appeared skeptical Friday that a warehouse developer could unravel a municipal contract with several real estate companies accused of violating antitrust laws, questioning if the plaintiff was truly harmed by the deal or a related judgment its rivals later won in state court.
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August 30, 2024
Mich. Justices Reject College Students' COVID Refund Appeal
The Michigan Supreme Court said Friday it won't revive college students' lawsuits seeking refunds over the switch to virtual instruction during the early months of the COVID-19 pandemic, cementing wins for three universities.
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August 30, 2024
Cable Cos. Seek Latitude To Define BEAD Service Areas
If Texas wants to make the most of its $3.3 billion in Broadband Equity, Access and Deployment program money, it should allow participants the latitude to craft their own project areas when deciding which locations to build broadband infrastructure for, a major cable trade group told the state's broadband office.
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August 30, 2024
5th Circ. Rejects SEC Whistleblower Award Calculation Appeal
The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.
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August 30, 2024
Steward Says It Has Deal To Avert Some Hospital Closures
Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.
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August 30, 2024
'Guesswork' Underlies Red States' NEPA Challenge, Feds Say
The Biden administration is making its own push for summary judgment in its battle with 21 Republican-led states over a new environmental permitting rule, arguing in North Dakota federal court that their suit fails on standing and ripeness and relies on pure "guesswork" about how the rule will be implemented.
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August 30, 2024
Feds Propose Tribal Oversight Of Utah National Monument
Nearly 2 million acres of public lands within Utah's Grand Staircase-Escalante National Monument will be managed by a co-stewardship of tribal nations, with a focus on conservation and preservation, according to a proposed plan by the U.S. Bureau of Land Management.
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August 30, 2024
CFTC Grants Clearing Status To Courtroom Foe Kalshi
The U.S. Commodity Futures Trading Commission has given the all clear for a division of derivatives startup Kalshi to serve as an intermediary in the swaps market, even as the pair continue to duke it out in court over the trading platform's rebuffed request to participate in the stalled elections betting market.
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August 30, 2024
Danish Gov't Pledges No Ponzi Analogies At $2.1B Tax Trial
The Danish tax authority won't compare pension funds, investors and attorneys it has accused of defrauding Denmark in a $2.1 billion tax refund scheme to a Ponzi scheme or infamous perpetrator Bernie Madoff, it said Friday in New York federal court.
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August 30, 2024
Harris Admin Would Stay Course On Tough Antitrust Policy
Just two days after food and candy giant Mars announced its blockbuster $35.9 billion Kellanova purchase, Vice President Kamala Harris's campaign indicated plans to “crack down” on mergers between large food companies. That would differ significantly from another Trump presidency, which could see a generally more relaxed antitrust environment. Here, Law360 explores anticipated policy differences between the two.
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August 30, 2024
Midyear Report: Texas Legislation To Watch Ahead Of 2025
Texas lawmakers are scheduled to convene in January, and both the Texas House and Senate are already busy preparing to introduce new legislation.
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August 30, 2024
Ex-NC Sheriff's Deputies Win $1M In Retaliation Case Trial
A North Carolina federal jury has awarded two former Wake County deputies $1 million, finding former Sheriff Gerald Baker fired them for speaking up about homophobic and racially charged language in a training session.
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August 30, 2024
NY Hemp Shops Seek Halt Of 'Military Style' Raids
A quintet of hemp product retailers have alleged that New York state and city officials unlawfully targeted their businesses as part of an effort to crack down on unregulated marijuana sellers.
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August 30, 2024
Parents Unhurt By Indigenous Child Law, Minn. Justices Told
A coalition of Native American nonprofits is asking the Minnesota Supreme Court to dismiss a challenge by foster parents to the Indian Child Welfare Act in a custody dispute over two Red Lake Nation children, arguing that the parents have not been injured by the law's preference for Indigenous foster homes.
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August 30, 2024
3 Atty Takeaways On What's Ahead As ERISA Turns 50
As the Employee Retirement Income Security Act turns 50 years old this Labor Day, attorneys reflecting on five decades of development of the federal employee benefits law see a complex path ahead for both litigation and policy. Here are three key takeaways from top attorneys on what’s next for ERISA on its golden anniversary.
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August 30, 2024
Favre Cites Palin-NYT In Push To Reverse Defamation Ruling
Attorneys for former NFL quarterback Brett Favre asked the Fifth Circuit to consider a recent ruling granting Sarah Palin a new libel trial against the New York Times when it considers reviving his case against fellow NFL great turned sports pundit Shannon Sharpe.
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August 30, 2024
AGs Ask 11th Circ. To Back Fla. Under-21 Gun Sale Law
A group of 21 attorneys general Friday filed an amicus brief with the Eleventh Circuit urging the appeals court to reaffirm a panel decision upholding a Florida law that banned the sale of firearms by people under 21.
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August 30, 2024
AT&T Says Colo. Overvalued Property By $33M
Colorado incorrectly overvalued the statewide property of AT&T by about $33 million for property tax purposes, the company said in a lawsuit in state court, arguing for a valuation of less than one-third of the state's valuation.
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August 30, 2024
Conn. Chief Justice Pick Has Already Shaped The Courts
When Connecticut Gov. Ned Lamont announced that he had selected state Supreme Court Justice Raheem L. Mullins, 46, to serve as chief justice, he highlighted Justice Mullins' seven years of service on the state high court and noted that his nominee has written about 70 majority opinions.
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August 30, 2024
Va. US Atty To Resign As Wife Assumes Judgeship
U.S. Attorney Chris Kavanaugh of the Western District of Virginia has announced that he will step down from his role at the end of the year as his wife, Jasmine Hyejung Yoon, was confirmed to a federal judgeship in that district.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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Chevron's End Puts Target On CFPB's Aggressive BNPL Rule
A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Analyzing FDA Draft Guidance On Clinical Trial Diversity
In light of the U.S. Food and Drug Administration's draft guidance on clinical trial diversity action plans, there are several important considerations for sponsors and clinical researchers to keep in mind to prevent delay in a drug or device application, say attorneys at Crowell & Moring.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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What's New In The AI Healthcare Regulatory Space
Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.