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Public Policy
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July 03, 2024
5 Argument Sessions Benefits Attys Should Watch For In July
Republican state attorneys general will try to convince the Fifth Circuit to knock down a U.S. Department of Labor rule covering how retirement plan managers can consider environmental and social factors when picking investments, while Kellogg workers will challenge class action waivers at the Sixth Circuit. Here are five argument sessions coming up this month that benefits attorneys should keep an eye on.
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July 03, 2024
UT Students Join Suit Over Gov. Abbott's Antisemitism Order
Students at the University of Texas at Austin have joined a group of student organizations suing Gov. Greg Abbott over an executive order prohibiting certain criticisms of Israel at universities, writing in a motion for a preliminary injunction that the groups' First Amendment injuries will "metastasize" when school starts this fall.
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July 03, 2024
Wash. Justices Say City RV Camping Ban Is Constitutional
The Washington Supreme Court upheld a city ordinance on Wednesday banning recreational vehicles and trailers from parking on municipal streets for more than four hours, rejecting a man's argument that the law violated his constitutional travel rights by barring him from living indefinitely in his 23-foot trailer on city property.
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July 03, 2024
FCC Denies 'Blanket Amnesty' If Cos. Drop Network Projects
The Federal Communications Commission said Wednesday it will not provide blanket relief from FCC penalties against broadband providers that pull out of rural deployment commitments, but will weigh companies' individual circumstances.
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July 03, 2024
Asylum-Seeking Families Split At Border Get $1.3M Deal OK'd
An Arizona federal judge on Tuesday signed off on a $1.3 million settlement that the federal government reached with families who were separated at the southern border in 2018 amid the Trump administration's zero-tolerance policy that prosecuted migrants who entered the U.S. illegally.
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July 03, 2024
No 'Unfettered Discretion' For Zoning Boards: Mich. Justices
The Michigan Supreme Court has held that conditionally rezoning a property is only valid if the property's proposed use is already allowed under a town's ordinances, instructing a trial court to determine whether a racing dragway is a permitted use under a township's commercial zone.
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July 03, 2024
FCC Says Assurance Failed Blind Customer On Accessibility
T-Mobile unit Assurance made one of its blind customers spend the better part of three years going back and forth with it about getting an accessible device, which it was required to provide under the Federal Communications Commission's rules for the Lifeline subsidy program, the FCC said.
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July 03, 2024
Cannabis Cos. To Take Constitutional Challenge To 1st Circ.
A group of cannabis businesses challenging the federal prohibition on marijuana gave notice of appeal Wednesday to the First Circuit Court of Appeals.
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July 03, 2024
Judge Trims Retailer's Defenses In Long COVID EEOC Suit
A Colorado federal judge struck several of an appliance retailer's affirmative defenses Wednesday in a U.S. Equal Employment Opportunity Commission lawsuit alleging it wrongfully terminated a worker who asked for more time off to deal with long COVID symptoms.
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July 03, 2024
Texas Court Puts FTC's Noncompete Ban On Hold
A Texas federal judge on Wednesday blocked the Federal Trade Commission from enforcing its rule banning noncompete agreements against tax preparation company Ryan LLC and the U.S. Chamber of Commerce and suggested the regulation should be shot down.
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July 03, 2024
2nd Circ. Backs NY Campaign Finance Laws Favoring Parties
The Second Circuit on Wednesday rejected a constitutional challenge to New York state campaign finance laws that created a stricter set of rules for candidate-nominating independent bodies than for more established political parties.
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July 03, 2024
NC Solicitor General Faces GOP Roadblock To 4th Circ. Bench
President Joe Biden's selection of North Carolina Solicitor General Ryan Y. Park for a Fourth Circuit seat tops off a distinguished resume that includes a Harvard Law degree and a stint at Boies Schiller & Flexner LLP, but he still faces an uphill road to the bench amid pushback from Tar Heel State senators.
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July 03, 2024
Contentious Ala. Gender Care Case Partly Paused
Favoring "judicial efficiency," an Alabama federal court has partially granted the Biden administration's opposed motion to stay a case challenging the state's ban on gender-affirming healthcare for transgender youth while the U.S. Supreme Court reviews a similar Tennessee ban, though some briefing, including for summary judgment, was permitted to proceed.
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July 03, 2024
Solar Biz Says Duty Circumvention Probe Ignored Contractors
A solar importer urged the trade court to unwind the U.S. Department of Commerce's expansion of duties on Chinese solar products to Cambodian goods, alleging flaws with how the department assessed how much manufacturing occurred in Cambodia.
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July 03, 2024
9th Circ. Says Carjacking Is Not Reason For Removal
The Ninth Circuit has ruled the 2006 carjacking conviction of a Salvadoran immigrant isn't enough to deport him because carjacking alone "is not a categorical crime of violence" under federal law.
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July 03, 2024
Feds Call Delayed Asylum Bid Reasonable Amid Backlogs
The U.S. Department of Homeland Security is urging a Florida federal court to rule that it's not unreasonable for one man's asylum application to still be processing after four years and counting in light of the asylum backlogs at U.S. Citizenship and Immigration Services.
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July 03, 2024
Feds Must Act On Right Whale Protections, Green Groups Say
Conservation groups are pushing a D.C. federal judge to order the National Marine Fisheries Service to act on a proposal meant to reduce the number of vessels killing and injuring North Atlantic right whales, saying its inaction is helping push the imperiled species toward extinction.
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July 03, 2024
Atty's COVID Relief Fraud Case Ends After Diversion Program
A Georgia federal judge has tossed charges against an attorney over a fraudulent scheme involving federal pandemic-relief business loans, granting on Wednesday the government's motion to dismiss after the attorney completed a pretrial diversion program.
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July 03, 2024
Giuliani Creditors Say Conversion Motion 'Just Games'
A New York bankruptcy judge will hear arguments next week over whether to convert Rudy Giuliani's Chapter 11 to a liquidation, a move his creditors denounced as gamesmanship with the bankruptcy system.
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July 03, 2024
FCC Relying On Iffy Broadband Marketing Data, Co-Ops Say
Rural broadband providers are telling the Federal Communications Commission that more changes are needed for the agency's national broadband maps to accurately determine where federal funding would have the biggest impact in building out network infrastructure in hard-to-reach areas.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 03, 2024
Berkeley Research Group Hires Aprio Partner
Berkeley Research Group, the expert services and consulting firm, has hired a new director in its government contracts practice who recently joined the firm in Washington, D.C., according to a recent announcement.
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July 03, 2024
Biden's New Picks Include NC Solicitor General For 4th Circ.
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
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July 02, 2024
Immigration Attys Cautiously Optimistic After Chevron Ruling
The U.S. Supreme Court's ruling that courts no longer have to defer to federal agencies' interpretations of ambiguous statutes could help some immigrants fight removal orders while serving as a buffer against partisan challenges to executive immigration actions.
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July 02, 2024
IT Workers Say Chevron's End Dooms Spouse Work Permits
Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.
Expert Analysis
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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Ohio Tax Talk: The Legislative Push For Property Tax Relief
As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Aviation Watch: Mostly Smooth Landing For New FAA Law
The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.
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Series
In The CFPB Playbook: Regulatory Aims Get High Court Assist
Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.