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Public Policy
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July 26, 2024
Apple Commits To White House Guidelines For Responsible AI
Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.
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July 26, 2024
State Street Inks $7.5M Deal Over Russia Sanctions Violations
Financial services giant State Street has agreed to pay nearly $7.5 million to resolve apparent violations by its investment management solution subsidiary Charles River Systems Inc. of Obama-era sanctions targeting Russian actions against Ukraine, the U.S. Department of the Treasury announced Friday.
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July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
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July 26, 2024
Fla. Top Court Petitioned To Review 'Misleading' Abortion Info
A Florida coalition petitioned the state's high court to review a proposed financial impact statement that officials attached to an upcoming ballot measure legalizing abortions up to 24 weeks of pregnancy, saying the language is misleading and shouldn't be used to manipulate voters one way or the other.
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July 26, 2024
Colorado's New Chief Justice Sworn In
Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.
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July 26, 2024
FTX's Ryan Salame Asks To Delay Prison After Dog Attack
Former FTX executive Ryan Salame on Friday asked a New York federal judge to delay his prison surrender date because he was recently mauled by a German shepherd and must undergo "urgent and necessary medical treatment and surgery."
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July 26, 2024
Puerto Rico Fiscal Board Sues To Stop Solar Panel Bill
The Financial Oversight and Management Board for Puerto Rico on Friday sued Gov. Pedro R. Pierluisi to nullify a law extending a program which reduces the cost of solar panels for Puerto Rican households, calling it legislative interference with the island's energy regulator.
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July 26, 2024
More Airwaves Needed To Support Drones, FCC Told
Several utility companies have come together to tell the Federal Communications Commission that they need more room in the 5 gigahertz and 4.9 GHz bands for drone operations, which they say make their employees' jobs safer and easier.
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July 26, 2024
G20 Declines To Back Brazil's Plan For A Minimum Wealth Tax
Finance ministers from the Group of 20 nations declined to back Brazil's proposal for an agreement on individual wealth taxation similar to the global corporate minimum tax, instead issuing a statement Friday that opted for softer language about cooperation.
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July 26, 2024
Erroneous Background Check Cost Man HSN Job, Suit Says
A company that sells background checks to employers was hit with a federal lawsuit accusing it of incorrectly telling the Home Shopping Network that an applicant had a felony charge for distributing narcotics equivalent to cocaine, methamphetamine or fentanyl, when he was actually charged with selling marijuana.
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July 26, 2024
Miami Official Says Salary Is Exempt From $63.5M Judgment
A Miami lawmaker told a federal judge Friday that a portion of his monthly compensation shouldn't be withheld to pay a $63.5 million judgment against him for civil rights violations, testifying that he is the sole breadwinner of his household and should be exempt from having his salary garnished.
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July 26, 2024
Georgia Judge Won't Block Prosecutor Oversight Commission
A Georgia judge has rejected an attempt to temporarily block a new state commission created to investigate and discipline state prosecutors, finding it doesn't violate Georgia's constitution.
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July 26, 2024
Short-Term Rental Group Defends Colo. City Ordinance Suit
A group of short-term rental owners in Colorado urged a federal court on Thursday to reject a city's bid to dismiss their suit, which claims a 2023 ordinance that regulates where short-term rentals can operate "effectively bans most existing short-term rentals."
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July 26, 2024
DC Circ. Vacates FERC Oil Pipeline Index Revision
The D.C. Circuit on Friday vacated a Federal Energy Regulatory Commission order that lowered the five-year index level governing oil pipeline transportation rates, ruling that the agency ran afoul of federal law when it failed to gather public input on the revision.
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July 26, 2024
Calif. Community Org Opposes FCC Bulk Billing Clampdown
A technology-focused community group in California has joined a chorus of advocates calling for the Federal Communications Commission to hit the brakes on a proposal to tighten rules for bulk billing in multitenant environments.
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July 26, 2024
FCC Kicks Off Rapid Response Team To Zap Pole Disputes
The Federal Communications Commission has launched a rapid response team to clear up disputes between utility pole owners and internet service providers over the cost of upgrading or replacing poles to allow for new broadband equipment.
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July 26, 2024
Smartmatic Asks Court To Order Fox Exec To Answer Subpoena
A new front in the war between Smartmatic and Fox News has opened up in Florida, as the voting technology company is asking a Miami court to force a Fox News board member to respond to a subpoena issued in its $2.7 billion defamation suit in New York.
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July 26, 2024
DC Circ. Vacates EPA's Biofuel Exemptions Denial
The D.C. Circuit on Friday largely sided with dozens of small petroleum refiners challenging the U.S. Environmental Protection Agency's denial of their exemptions to federal renewable fuel blending requirements while keeping its reasoning for doing so under seal.
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July 26, 2024
White House Offers Removal Relief For Lebanese
The Biden administration on Friday offered deportation relief to certain Lebanese nationals in the U.S. as conditions in South Lebanon break down amid hostilities between Hezbollah and Israel.
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July 26, 2024
Feds Tell 9th Circ. Wash. ICE Inspection Law Rightly Blocked
The federal government has inserted itself into the battle over a Washington state law allowing surprise inspections of a U.S. Immigration and Customs Enforcement immigration detention center, telling the Ninth Circuit it was rightly blocked under the intergovernmental immunity doctrine.
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July 26, 2024
Biz Groups Call Corp. Transparency Act Unconstitutional
The U.S. government has failed to show how the Corporate Transparency Act meets narrow exceptions to the Fourth Amendment's search warrant requirements, a group of small businesses told a Michigan federal court Friday in contending that the statute is unconstitutional.
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July 26, 2024
Assa Abloy Resolves DOJ Merger Monitor Dispute
Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.
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July 26, 2024
WTO E-Commerce Deal Launches Without US Support
World Trade Organization members announced a historic agreement on digital trade on Friday, but the U.S. said the deal "falls short" of its expectations.
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July 26, 2024
2 Calif. Tribal Gaming Talks Advance, 1 Awaits DOI Assist
Negotiations between two California tribes and the state over sports gaming compacts are winding down after nearly a year, while another tribe awaits intervention from the U.S. Department of the Interior to assist in talks after the Golden State failed to consent to a third agreement.
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July 26, 2024
EU Calls For Dispute Talks Over Taiwan's Wind Farm Policy
The European Union challenged Taiwan's domestic sourcing requirements for offshore wind energy projects in the World Trade Organization, saying Friday that Taiwan was violating its duty not to discriminate against imported goods.
Expert Analysis
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Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
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Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
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High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.