Public Policy

  • September 09, 2024

    Navigation Co. Defends Plan To Deploy GPS Alternative

    A geolocation company's bid for an exclusive license for a portion of the lower 900 megahertz band to deploy mobile broadband and a navigation system to backstop the Global Positioning System has hit resistance at the Federal Communications Commission.

  • September 09, 2024

    Durbin Calls For Justice Thomas To Recuse Over Wife's Email

    A top Democratic lawmaker called on U.S. Supreme Court Justice Clarence Thomas to bow out of cases involving a conservative Christian legal organization following reports his wife praised the group for fighting court reform efforts, saying Monday her comments create a "clear appearance" of partiality requiring the justice's recusal.

  • September 09, 2024

    X Corp. Could Expose Donors To Death Threats, Per Watchdog

    Watchdog Media Matters for America claims that for X Corp. to compel production of its donor lists would breach the First Amendment, saying in a Friday brief in a Texas federal court that if the documents go public, its donors would receive violent threats and other abuse.

  • September 09, 2024

    Generics Makers Want Mo. Sanctioned In Price-Fixing Case

    Teva Pharmaceuticals Inc., Mylan Inc. and other generic-drug makers accused by state enforcers of fixing prices have urged a Connecticut federal judge to punish the state of Missouri for failing to provide information requested by the drug companies.

  • September 09, 2024

    Tribal Nations Say Indigenous Issues Missing On Debate Stage

    There are nearly 10 million Native Americans with the power to impact U.S. politics and elections, a group of tribal leaders have said, yet Indigenous rights and needs are rarely represented in national policy conversations or on the U.S. presidential debate stage.

  • September 09, 2024

    No Reason For DOI Delay In Recognition Rule, Tribe Says

    A Michigan tribe at the crux of the Interior Department's anticipated new rule on repetitioning for federal recognition is arguing that the agency's position that a federal court cannot interfere in policy decisions is unsupported by law and that there's no reason it can't complete the rulemaking process by Nov. 1.

  • September 09, 2024

    Colo. Justices To Weigh Excess MedMal Damage Calculations

    Colorado's justices agreed Monday to consider the standard for how a trial court determines if a $1 million cap on medical malpractice damages can be exceeded, granting a hospital company's petition to review a nearly $40 million judgment.

  • September 09, 2024

    Detainee Says Ex-Ga. Sheriff's Conviction Proves Liability

    A detainee who said he was one of a half-dozen detainees strapped to a chair for hours at a time by convicted former Sheriff Victor Hill has asked a Georgia federal judge to grant partial summary judgment in his civil rights lawsuit against the ex-lawman.

  • September 09, 2024

    EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told

    The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.

  • September 09, 2024

    Philly Noncompete Ban Challenger Wants Case Paused

    A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.

  • September 09, 2024

    Disability Rights Group Wants In On Ga. Election Law Fight

    A Georgia-based disability rights organization asked the Eleventh Circuit on Friday to be let into a legal challenge that successfully blocked two Peach State election law provisions that put additional rules on voting by mail and handing out food and water to voters.

  • September 09, 2024

    Mass. High Court Hints At Notice Rule To Open Clerk Hearings

    Justices of Massachusetts' highest court on Monday appeared to signal that 28 men accused of patronizing high-end brothels catering to attorneys, political figures and other high-profile clients should have been given a chance to oppose a request by news organizations to open what are normally closed-door hearings.

  • September 09, 2024

    Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing

    A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.

  • September 09, 2024

    Dems To Bring Back Judiciary Accountability Bill

    In the coming weeks, Democrats in the House and Senate will be reintroducing a bill that they say will better protect the approximately 30,000 federal judiciary employees from discrimination and sexual harassment, two lawmakers said on Monday.

  • September 09, 2024

    Trade Panel Says Israeli Brass Rod Harms US Producers

    Brass rod imports from Israel are economically harming the U.S. industry, the U.S. International Trade Commission ruled Monday, setting the stage for the U.S. Department of Commerce to enact duties on the products.

  • September 09, 2024

    Immigration Nonprofit Can Join 10th Circ. Okla. Suit, For Now

    A nonprofit that has backed the Biden administration's opposition to Oklahoma's ban on unauthorized immigrants living in the state can participate in the state's appeal to the Tenth Circuit, but the appellate court said the panel ultimately assigned to the case can decide otherwise. 

  • September 09, 2024

    Red States, Industry Look To Sink EPA Vehicle Emissions Rule

    The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.

  • September 09, 2024

    Think Tank Leader Re-Arrested On Foreign Agent Charges

    An Israeli-American professor who was indicted on charges of working as an unregistered agent for the Chinese government and international arms trafficking has been arrested again after he fled the authorities last year in Cyprus, the U.S. government told a federal judge in Manhattan on Monday.

  • September 09, 2024

    Meta Wants Mike Huckabee's Fake CBD Ad Suit Tossed

    Facebook parent Meta Platforms Inc. asked a Delaware federal judge to throw out former Arkansas Gov. Mike Huckabee's suit alleging it allowed false advertisements claiming he endorsed CBD gummies on its popular social media platform, arguing the claims are clearly barred by Section 230 of the Communications Decency Act.

  • September 09, 2024

    Baltimore Strikes $80M Opioid Settlement With Teva

    Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.

  • September 09, 2024

    Tax Court's Take Shouldn't Loom Over Kyocera Case, US Says

    The U.S. Tax Court's opinion that allowed a company to treat a gross-up for taxes paid by its foreign subsidiaries as a dividend received goes against what Congress intended and shouldn't be applied to Kyocera's similar claims, the U.S. Department of Justice told a South Carolina federal court.

  • September 09, 2024

    Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math

    Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.

  • September 09, 2024

    FERC Botched Tenn. Pipeline Approval, Enviro Orgs Tell DC Circ.

    The Federal Energy Regulatory Commission relied on a botched climate change analysis to unlawfully approve a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is set to replace a coal-fired plant, environmentalists told the D.C. Circuit.

  • September 09, 2024

    Illinois Judge Won't Block Chicago Rental Protections

    An Illinois federal judge refused Friday to grant a property company an injunction blocking the enforcement of a Chicago ordinance intended to protect renters living in foreclosed residential properties by entitling them to $10,000 payouts.

  • September 09, 2024

    No Re-Do In Ex-Defender's Sex Bias Case Against Judiciary

    A Massachusetts federal judge declined on Monday to reconsider his ruling that the federal judiciary did not violate the rights of a former North Carolina public defender because the attorney had not adequately put her office on notice of her sexual harassment claims.

Expert Analysis

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Tricky Venue Issues Persist In Fortenberry Prosecution Redo

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    Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • 1st Gender Care Ban Provides Context For High Court Case

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    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

  • CFPB's New Registration Rule Will Intensify Nonbank Scrutiny

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    The Consumer Financial Protection Bureau's recently finalized nonbank registration rule aimed at cracking down on repeat offenders poses significant compliance challenges and enforcement risks for nonbank financial firms, and may be particularly onerous for smaller firms, say Ketan Bhirud and Emily Yu at Cozen O'Connor.

  • Series

    After Chevron: FCC And Industry Must Prepare For Change

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    The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.

  • Series

    After Chevron: Uniform Tax Law Interpretation Not Guaranteed

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    The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.

  • Series

    After Chevron: Environmental Law May Face Hurdles

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    The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • Series

    After Chevron: FDA Regulations In The Crosshairs

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    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

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