Public Policy

  • November 06, 2024

    Ousted Denver Transit Top Cop Alleges Racism Drove Firing

    A former Black police chief for a Denver transportation district is suing the agency for discrimination and retaliation after he was fired in September, claiming the district failed to properly investigate complaints about racist behavior by white officers and then fired him based on a retaliatory complaint.

  • November 06, 2024

    Fla. Can't Reclaim Medicaid Payments On Immigrant Care

    A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action that a statutory change did not overrule the decision but merely clarified the law.

  • November 06, 2024

    DOI Signs Bison Conservation Pact With Canada And Mexico

    The U.S. Department of the Interior said it has inked a new agreement with Canada and Mexico to work on strengthening conservation of the American bison across its range in North America while focusing on historic Indigenous ties with the species.

  • November 06, 2024

    SEC's Gensler Faces Group's Call To Resign After Trump Win

    Following Donald Trump's election victory Wednesday, a financial services trade association called on U.S. Securities and Exchange Commission Chair Gary Gensler to "immediately" step down in order to boost trust in the agency.

  • November 06, 2024

    Alaska Asks 9th Circ. To Roll Back Ringed Seal Protections

    The state of Alaska called on the Ninth Circuit to overturn a district court's refusal to eliminate Endangered Species Act protections for Arctic ringed seals, arguing the federal government failed to properly credit new information that raised serious questions about the necessity for continuing protections.

  • November 06, 2024

    Albertsons Hit With Discovery Sanctions In Wash. Opioid Suit

    A Washington state judge has partially granted the state's sanctions request in its suit accusing Albertsons of exacerbating the opioid crisis, agreeing that the grocery store chain took an "unreasonable" stance in refusing to respond to outstanding discovery requests because a deadline had passed while the case was paused.

  • November 06, 2024

    After Trump Win, Jan. 6 Defendants Fail To Stall Their Cases

    At least three defendants who were found or pled guilty in the Jan. 6, 2021, attack on the U.S. Capitol urged federal courts on Wednesday to delay their cases in light of President-elect Donald Trump's public statements that he'd pardon rioters — requests that were quickly denied.

  • November 06, 2024

    Trump Win Set To Reshape FCC, Push Policies Rightward

    Donald Trump's return to the White House following Tuesday's election will usher in new political appointees at federal agencies to carry out conservative tech and telecom policies, leading to a reshuffling of priorities at the Federal Communications Commission.

  • November 06, 2024

    Customers Look To Preserve Lead Class Action Against AT&T

    AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.

  • November 06, 2024

    Families Separated Under Trump Get $6.4M For Fees, Costs

    A California federal judge has signed off on $6.4 million in attorney fees and costs, most going to American Civil Liberties Union counsel representing thousands of immigrant families that were separated under a Trump-era "zero-tolerance" policy.

  • November 06, 2024

    Venue For Fla. County Suit Against Funder Getting New Look

    A Florida appellate court ruled Wednesday that Palm Beach County can't use the "sword-wielder" exception to deny a funding agency's choice of court in a lawsuit over the authority to levy property taxes, saying the agency has proved it's a governmental entity entitled to a home venue privilege.

  • November 06, 2024

    NYS Says Free Speech Can't Protect Schools In Mascot Ban

    The New York State Board of Regents has urged a federal judge to throw out three lawsuits lodged by several school districts over the state's decision to ban the use of Native American mascots and imagery, saying their First Amendment arguments lack merit.

  • November 06, 2024

    Hyundai, Kia Rip Cities' Bellwether Trial Bid In Car-Theft MDL

    Hyundai and Kia have asked a California federal judge to reject several cities' request for bellwether trials in consolidated litigation alleging that the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave after a viral TikTok trend popularized tips for breaking into their cars.

  • November 06, 2024

    Fla. Union Dues Law Halted For Unexpired Deals, Judge Says

    A Florida law's provision banning the deduction of union dues from public employees' paychecks is unconstitutional as to collective bargaining agreements that are still in effect for two Florida teachers unions, a federal judge ruled Wednesday.

  • November 06, 2024

    5th Circ. Chides Texas For Clashing Insurance Law Messages

    A Fifth Circuit judge Wednesday told the state of Texas it was "having its cake and eating it too" by arguing it didn't plan to enforce a law governing certain disclosures between vision insurers and optometrists while simultaneously fighting off a temporary injunction enjoining the law from going into effect.

  • November 06, 2024

    Calif. Truckers Seek Scrub Of State's New Emissions Rule

    The California Trucking Association is asking a federal court in the state to give it a win in its challenge to the California Air Resources Board rule requiring that they switch to zero-emissions vehicles, saying the rule is preempted because it will impact trucking rates and routes.

  • November 06, 2024

    Maritime Commission Seeks To Ax Refusal To Deal Challenge

    The Federal Maritime Commission is asking the D.C. Circuit to toss an ocean carrier industry challenge to federal rules for carrier practices, arguing that the World Shipping Council hasn't shown it has standing to contest the regulations.

  • November 06, 2024

    GOP Will Get A Crack At The Judiciary, But First, Lame Duck

    With a little more than two months left in the Biden administration following Republicans' capture of the White House and Senate on Tuesday, a spokesperson for Senate Judiciary Committee Chairman Dick Durbin, D-Ill., said Durbin intends to confirm "every possible nominee" before time runs out on this Congress.

  • November 06, 2024

    Tempur Sealy, Mattress Firm Ask Court To Pause FTC Case

    Tempur Sealy and Mattress Firm asked a Texas federal court to prevent the Federal Trade Commission's in-house merger case from moving ahead until after there is a decision on their constitutional challenge of the agency's process.

  • November 06, 2024

    Browns Won't Stop Ohio From Joining Stadium Dispute

    The Cleveland Browns told an Ohio federal court that it has no problem with the state joining the City of Cleveland in facing down the NFL team's suit, which claims that a state law unconstitutionally impedes the team's plan to move to a new stadium.

  • November 06, 2024

    Judge Says Asylum Delays Are Reasonable Given Backlogs

    A Miami federal judge said Tuesday that a backlog of asylum applications is a fair reason for a four-year delay in processing the application of a Russian national who sued over the hold-up.

  • November 06, 2024

    Ex-Exec Says Do-Nothing ComEd Jobs A Favor To Madigan

    A former Commonwealth Edison executive testified Wednesday that several subcontractors the utility kept on the payroll for years did little to no work and were hired as a favor for former Illinois House Speaker Michael Madigan, bolstered by a series of recordings he captured while cooperating with the government.

  • November 06, 2024

    Mass. Tobacco Law's Penalty Provision Hits State's Top Court

    Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.

  • November 06, 2024

    Coinbase, CFTC Reach Discovery Agreement For SEC Case

    Coinbase said it has reached an agreement with the U.S. Commodity Futures Trading Commission on certain search terms that it believes satisfies its discovery needs in its ongoing securities enforcement case, resolving an earlier motion to compel the futures regulator to provide certain communications with crypto firms.

  • November 06, 2024

    City Can't Appeal Ex-Worker's PTSD Case, Conn. Justices Told

    The city of Stamford, Connecticut, cannot appeal a hearing referee's decision allowing a military veteran to tack a post-traumatic stress syndrome accommodation claim onto a workplace disability discrimination case because it was not a final order, the Connecticut Commission on Human Rights and Opportunities told the state's highest court on Wednesday.

Expert Analysis

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.

  • Opinion

    Tariffs' Economic Downsides Outweigh Potential Revenue

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    Import tariffs proposed by the campaign of former president Donald Trump would generate revenue like other taxes, but policymakers must consider the net-negative impact of associated consumer and downstream-industry costs, harm to exporters, potential foreign retaliation and reduction in economic output, says Erica York at the Tax Foundation.

  • Comments Show Need For Clarity On SBA Proposed Rule

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    The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • The OIG Report: Bad Timing For FEC To Be Underresourced

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    With less than two weeks to the election, the Federal Election Commission’s job has never been more urgent, but a report from its Office of the Inspector General earlier this year found that the agency is facing a resource squeeze that will only get worse without corrective action, says Diana Shaw at Wiley.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • How Immigration Attys Should Prep For A 2nd Trump Term

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    In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.

  • Anticipating Jarkesy's Effect On Bank Agency Enforcement

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    Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

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