Public Policy

  • November 04, 2024

    US IPO Activity Hits Standstill As Election Takes Center Stage

    U.S. initial public offerings have screeched to a halt amid peak election season, and dealmakers expect new listings to largely remain iced until next year as market participants sort out ramifications of Tuesday's presidential and congressional contests.

  • November 04, 2024

    Justices Will Review Use Of Race In La.'s Election Map

    The U.S. Supreme Court agreed Monday to hear arguments over the constitutionality of Louisiana's new congressional map containing two majority-Black voting districts, in a dispute that asks the justices to harmonize the Voting Rights Act's objectives with the language of the 14th Amendment's equal protection clause.

  • November 01, 2024

    Pa. High Court Says Undated Ballots Still Won't Count Nov. 5

    The Pennsylvania Supreme Court held Friday that mail-in votes in the fast-approaching general election can still be thrown out if they have missing or "incorrect" dates on their outer envelopes, a ruling that comes just days after a state appellate court found that the practice was unconstitutional.

  • November 01, 2024

    COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms

    A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.

  • November 01, 2024

    USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight

    U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.

  • November 01, 2024

    Boeing Supplier Should Win Texas Probe Suit, Judge Says

    A magistrate judge on Friday recommended a Texas federal judge grant Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the statute is unconstitutional.

  • November 01, 2024

    Elevance Says Flawed Medicare Rating System Cost It $375M

    Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.

  • November 01, 2024

    DC Circ. Urged To Uphold Veto Of Fla. Dredge Program

    A coalition of environmental groups urged the D.C. Circuit on Friday to uphold a lower court ruling depriving Florida of its authority to issue wetland dredge and fill permits under the Clean Water Act, saying regulators must follow the rigorous laws protecting endangered species.

  • November 01, 2024

    Suit Calls School Lunch Pay Processors Junk Fee 'Bullies'

    Three parents filed a proposed class action in New Jersey federal court alleging consumer fraud against a major school lunch payment processor, saying it has misrepresented the purpose of the "junk fees" it charges for electronic transactions that are imposed on families mostly just for profit.

  • November 01, 2024

    #MeToo, Except For Migrants Fleeing Gender-Based Violence

    Women fleeing gender-based violence face an uphill battle in a U.S. asylum system that has long been perceived as largely geared toward victims of state persecution and has yet to absorb the #MeToo movement's cultural shift.

  • November 01, 2024

    The Push To End 'Prison Gerrymandering' Gains Momentum

    Opponents of so-called prison gerrymandering are having success fighting to end the practice, which they say reduces the political representation of minority communities in favor of rural, white areas, but obstacles like poor data and political opposition remain.

  • November 01, 2024

    Texas Justice Says Amici Should Get Say In Religion Case

    A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."

  • November 01, 2024

    Cloud Co. To Pay $300K Over FCC Subsidy Fund Paperwork

    Cloud communication company Fuze Inc. is going to be shelling out $300,000 to the Federal Communications Commission for not following certain rules related to Universal Service Fund contributions, the agency said Friday.

  • November 01, 2024

    5th Circ. Punts On Bid To Stay CFPB Small Biz Rule

    The Fifth Circuit said it won't immediately start tolling compliance deadlines for the Consumer Financial Protection Bureau's small business lending data collection rule and will reserve judgment on whether to stay the rule pending an appeal by the bank trade groups challenging it.

  • November 01, 2024

    DC Circ. Questions Enviro Groups On Renewable Fuels Rules

    Judges on the D.C. Circuit on Friday morning pressed attorneys for environmental groups challenging the U.S. Environmental Protection Agency's 2023-2025 renewable fuel standards, questioning their claims that the federal government didn't do enough to assess the standards' potential impacts on water quality and certain species.

  • November 01, 2024

    NJ Mayor Harassed Police Chief, Suit Says

    A suspended police chief in a New Jersey borough has filed a lawsuit in state court against the borough's mayor and other officials, alleging he has been subjected to harassment and retaliation in violation of the New Jersey Conscientious Employee Protection Act and Civil Rights Act.

  • November 01, 2024

    Kroger Blasts 'Food Desert' Fears From Wash. Nonprofits

    Kroger and Albertsons said the trial judge in Washington's bid to block a $24.6 billion merger should reject amicus briefs from two cities, a food bank and a poverty nonprofit, saying their assertions that the deal would inflate grocery prices and create food deserts in some communities rehash claims by activists and the media.

  • November 01, 2024

    FEMA Finalizes Rule Allowing Monthly NFIP Bill Payments

    National Flood Insurance Program policyholders will be able to pay their premiums on a monthly basis starting next year, under a rule finalized Friday that is meant to incentivize greater and continued participation in the nation's largest provider of flood insurance.

  • November 01, 2024

    Colo. To Boost Services To End Feds' ADA Discrimination Suit

    Colorado has agreed to implement new housing and support practices to ensure adults with physical disabilities have adequate help to leave nursing facilities and receive services in their own homes, as part of a settlement announced Friday to end a U.S. Department of Justice lawsuit.

  • November 01, 2024

    Health Data Co. Urges 4th Circ. To Keep Access Open

    Nursing home data analytics company Real Time Medical Systems urged the Fourth Circuit on Friday to keep in place an order that stops electronic medical records company PointClickCare from using unsolvable captcha prompts to block access to patient records.

  • November 01, 2024

    Ga. Judge Won't Fast Track GOP Poll Worker Suit

    A Georgia judge refused Friday to consider a lawsuit alleging Fulton County's election director wrongly denied Republicans' efforts to place poll workers for the November election because there are issues of fact that must be considered by a jury during the next term of court. 

  • November 01, 2024

    High Court Leaves Pa. Fix For Nixed Mail Ballots In Place

    The U.S. Supreme Court left in place Friday a ruling from the Pennsylvania Supreme Court allowing voters in the battleground state whose mail-in ballots are rejected as defective to submit provisional ballots on Election Day as replacements.

  • November 01, 2024

    DOI Invests $82M For Clean Drinking Water Projects For Tribes

    The U.S. Department of the Interior unveiled a nearly $82 million investment for 23 projects aimed at bringing clean, safe drinking water to Tribal communities in the Western United States.

  • November 01, 2024

    DOJ, Navarro Spar Over White House Emails Turnover

    The legal team representing former Trump administration adviser Peter Navarro argued in D.C. federal court Friday that some 300 emails from Navarro's time at the White House are purely personal and should stay out of the hands of the National Archives.

  • November 01, 2024

    Enviro Groups, Tribes Sue Over Nev. Lithium Mine Approval

    Environmental and tribal groups slapped the U.S. Department of the Interior with a complaint in Nevada federal court seeking to upend the agency's authorization of the Rhyolite Ridge Lithium-Boron Mine, arguing the project will drive a rare wildflower into extinction.

Expert Analysis

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • What's In The Cards For CFTC's Election Betting Case

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    A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • FDIC's Cautious Approach To Industrial Banks, Reaffirmed

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    Although the Federal Deposit Insurance Corp. recently approved an industrial loan company's deposit insurance application and proposed new rules regarding parent companies, these developments do not represent a liberalization or modernization of the FDIC's regulatory framework, say Max Bonici and Andrew Bigart at Venable.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Taking Stock Of FCC's New Spectrum Rule For Drones

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    While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.

  • Basel Endgame Rules: A Change Is Coming

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    The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.

  • Ruling On Foreign Dividend Break Offers 2 Tax Court Insights

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    In Varian v. Commissioner, the U.S. Tax Court allowed a taxpayer's deduction for dividends from foreign subsidiaries, providing clarity on how the U.S. Supreme Court’s Loper Bright decision may affect challenges to Treasury regulations, and revealing a potential disallowance of foreign tax credits, say attorneys at Davis Polk.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • What PCOAB's Broadened Liability Rule Means For Auditors

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    The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.

  • USPTO Guidance Suggests 2 Strategies For AI Inventions

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    Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • 4 Takeaways From The FDIC's Proposed Recordkeeping Rule

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    The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.

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