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Public Policy
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November 05, 2024
Ex-Morgan Lewis Atty Unseats Progressive LA DA Gascón
Los Angeles and San Francisco voters delivered a blow to the progressive prosecution movement on Tuesday, with tough-on-crime candidate Nathan Hochman unseating incumbent LA County District Attorney George Gascón and incumbent San Francisco DA Brooke Jenkins beating a prosecutor who once worked under Chesa Boudin's leadership.
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November 05, 2024
GOP Pennsylvania County Prosecutor Wins AG Race
Pennsylvania Republican Dave Sunday, York County's district attorney who touted his record as a tough-on-crime prosecutor and his endorsements from several law enforcement organizations, captured the position of state attorney general Wednesday morning.
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November 05, 2024
Wash. Supreme Court Race Too Close To Call
The race between a municipal court judge and a managing partner at Gordon Thomas Honeywell LLP for a seat on Washington's highest court was too close to call late Tuesday, with the Republican-backed judge just over 1,000 votes ahead of his challenger.
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November 05, 2024
Florida, Georgia, Others Peel Back Real Estate Taxes
Voters in seven states approved a spate of real estate tax ballot initiatives on Election Day, including measures that would curb property taxes for veterans, residential property owners and residents of municipalities that fail to enforce nuisance laws.
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November 05, 2024
Ex-US Attorney Wins Wash. Attorney General Race
Seattle's former U.S. attorney Nick Brown will become Washington's next attorney general and the first Black man to hold the position, beating a mayor from the eastern part of the state who ran on his record as a gun rights advocate, the Associated Press projects.
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November 05, 2024
Voters Pass Medicaid Tax In Calif., Support IVF Coverage In Ill.
A tax on managed care organizations in California and an Illinois advisory question supporting access to in vitro fertilization won voter approval Tuesday as state-level ballot measures were set to shape healthcare policy across the country, according to unofficial election returns.
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November 05, 2024
Electors Explicitly Restrict Noncitizen Voting In 8 States
Voters across eight states approved Republican-backed ballot measures to amend state constitutions barring noncitizens from voting in state and local elections.
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November 05, 2024
Ariz. Voters Embrace Migrant Arrest And Removal Measure
The Arizona electorate voted in favor of giving state and local law enforcement authorities the power to arrest noncitizens crossing the border unlawfully, joining other states that have passed similar measures.
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November 05, 2024
Dems Deepen Hold On Michigan Supreme Court
The Democratic-nominated candidates for the Michigan Supreme Court defeated their Republican-backed opponents Wednesday morning, with Justice Kyra Bolden keeping her seat and University of Michigan law professor Kimberly Ann Thomas joining the court.
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November 05, 2024
Cannabis And Psychedelic Reform Bids Fail In Multiple States
Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.
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November 05, 2024
California Voters Reject Cities' Rent Control Authority
California voters on Tuesday rejected Proposition 33, a ballot initiative that would have expanded local governments' authority to enact rent control measures but that opponents argued would have made the state's housing crisis worse.
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November 05, 2024
Two Ill. Justices, Unopposed, Cruise To Full Terms
Illinois Supreme Court Justices Joy Cunningham and Lisa Holder White, running unopposed, secured their first full terms on the court on Tuesday, following their appointments two years ago.
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November 05, 2024
Longtime Detroit Prosecutor Takes Commanding Lead
The top prosecutor in Wayne County, Michigan, known for being the first to prosecute a sitting Detroit mayor and for her efforts to address backlogs of untested rape kits, appeared to secure her spot for another four years.
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November 05, 2024
Calif. Enacts Prop. 3, Enshrining Same-Sex Marriage Rights
California voters passed Proposition 3 on Tuesday, amending the state's constitution to recognize the fundamental right to marry regardless of sex or race and removing language inserted by the 2008 Proposition 8 ballot measure that said marriage is only between a man and a woman.
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November 05, 2024
Colo. Voters OK Overhaul Of Judicial Discipline Process
Colorado voters on Tuesday approved a series of constitutional changes aimed at limiting the state judiciary's influence over the judicial discipline process.
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November 05, 2024
Democrat Rep. Jeff Jackson Wins NC Attorney General Office
Democratic U.S. Rep. Jeff Jackson will serve as North Carolina's next attorney general, the Tar Heel State's voters decided after a contentious race that saw his Republican opponent file a lawsuit accusing him of defamation.
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November 05, 2024
Calif. Managed Care Tax Made Permanent By Ballot Measure
California's tax on managed healthcare insurance plans to fund the state's Medi-Cal health program has been made permanent following voter approval of a proposition on Tuesday.
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November 05, 2024
Wash. AG With Antitrust Focus Wins Governor's Race
Bob Ferguson, a three-term Washington attorney general who drew national attention as an antitrust leader and a staunch advocate for consumer protection, was elected the state's governor Tuesday.
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November 05, 2024
Former US Attorney Elected As Denver's New DA
John Walsh, a former U.S. attorney for Colorado, won an unopposed race on Tuesday to become Denver district attorney, replacing an incumbent who decided not to run for a third term.
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November 05, 2024
Florida Justices Who Opposed Abortion Ballot Keep Seats
Florida voters decided Tuesday to keep state Supreme Court Justices Renatha Francis and Meredith Sasso on the bench, retaining two justices who have taken anti-abortion stances while also rejecting a ballot measure that supported reproductive rights.
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November 05, 2024
Santos Wants 2nd Circ. To Revive Jimmy Kimmel Pranks Suit
Former U.S. Rep. George Santos on Monday asked the Second Circuit to undo a New York federal court's decision throwing out his claims against ABC and Jimmy Kimmel over video clips the late-night host tricked the ex-congressman into making, arguing that the suit was prematurely tossed.
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November 05, 2024
Former Fla. Prosecutor Ousted By DeSantis Wins Back Seat
Florida voters Tuesday brought back one of the former state attorneys previously suspended by GOP Gov. Ron DeSantis for neglect of duty and incompetence over policy disagreements in handling prosecutions for certain cases.
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November 05, 2024
Fla. Abortion Rights Measure Fails With Support Below 60%
Florida voters failed to pass an amendment Tuesday that would have enshrined the right to abortion in the state constitution.
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November 05, 2024
Nat'l Park Service Makes Tribal Consultation A Top Priority
The National Park Service's director has issued a first-time agency order making nation-to-nation consultations with Native American and Alaska Native tribes a top priority for agency decision-makers as they work on conservation and other issues that affect Indigenous communities.
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November 05, 2024
Nunes Can Search Maddow's Devices In Defamation Suit
A New York federal judge reopened discovery Monday in former Rep. Devin Nunes' defamation suit accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent, saying the MSNBC host's personal devices can be subject to a limited search.
Expert Analysis
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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Staying Off The CFPB's Financial Services Offender Registry
The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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New HHS Research Misconduct Rules Bring Seismic Changes
The U.S. Department of Health and Human Services' new rule regarding research misconduct investigations brings significant changes that focus on remediation, appeals and confidentiality, while other changes could result in institutions causing undue harm to scientists accused of such misconduct, say attorneys at Cohen Seglias.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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What FDIC Expansion Of Change In Bank Control Could Mean
A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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What's Inside Feds' Latest Bank Merger Review Proposals
Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.