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Public Policy
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September 10, 2024
Top EU Court Upholds €2.4B Google Shopping Fine
The European Court of Justice rejected an appeal from Google on Tuesday challenging a €2.4 billion ($2.7 billion) fine for steering users toward its own comparison shopping service, as the tech giant faces mounting pressure from antitrust enforcers at home and abroad.
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September 09, 2024
Calif. State Senator's Ex-Staffer Sues For Sexual Harassment
California State Sen. Marie Alvarado-Gil created a toxic work environment for her former chief of staff, demanding he perform sex acts to prove his loyalty and firing him for objecting to her "sexualized abuse of power," the former staffer alleged in a new complaint filed in Sacramento Superior Court.
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September 09, 2024
Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes
The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.
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September 09, 2024
Ex-Lender Says FDIC Can't 'Ignore' Key High Court Precedents
A former small-business financier battling a multimillion-dollar Federal Deposit Insurance Corp. enforcement action has doubled down on his Washington, D.C., federal court challenge to the agency's use of administrative proceedings, saying the regulator must be held to U.S. Supreme Court precedents.
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September 09, 2024
Defer To Trial Judges In Juror Bias Strikes, Colo. Justices Rule
The Colorado Supreme Court said Monday an appellate court should not have itself evaluated a prosecutor's credibility in a case of potential racial bias against a Hispanic juror, ruling it instead needed to defer to the trial court.
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September 09, 2024
Wash. Ends First Inspection Effort Against GEO Group
Washington State has dropped its original bid to force private prison operator The GEO Group to allow its health agency to conduct spot inspections at an immigrant detention facility, after it launched a new suit alleging officials had been blocked from entering.
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September 09, 2024
SES, Intelsat Tell FCC They Need $3.1B Combo To Compete
Satellite companies SES and Intelsat told the Federal Communications Commission they need regulators to approve their $3.1 billion merger, which was announced this spring, so they can better compete in a quickly advancing marketplace.
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September 09, 2024
NY Courts' Limits On Ethics Data Broke Law, Watchdog Says
In a rebuke to the New York state court system, an official transparency watchdog has said current restrictions on public access to judges' financial disclosures violate the state's Freedom of Information Law.
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September 09, 2024
Siemens To Build $60M Bullet Train Production Facility In NY
Siemens Mobility will build a $60 million bullet train production facility in Horseheads, New York, that is set to start operating in 2026, according to an official announcement Monday.
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September 09, 2024
Texas Still Not Injured By DHS Parole Program, 5th Circ. Told
Texas' concerns about the Biden administration restarting a parole program for Cubans, Haitians, Nicaraguans and Venezuelans following a fraud investigation did little to move the yardstick on whether the state has standing, intervenors hoping to save the program told the Fifth Circuit.
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September 09, 2024
House OKs Bill To Bar Contracts With Chinese Biotech Cos.
Driven by concerns about U.S. genetic data being shared with the Chinese government, House lawmakers passed a bill on Monday to bar federal agencies from buying certain biotechnology linked to the Chinese government or from contracting with firms that use those products.
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September 09, 2024
FCC Is Asked To Allow Bonds As Backup For Funding Awards
More interest groups are calling on the Federal Communications Commission to ease letter of credit requirements for recipients of the Rural Digital Opportunity Fund, with a coalition of bond producers telling the commission that their products would guarantee creditworthiness just as well as credit letters from U.S. banks.
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September 09, 2024
Split SEC Adopts New Quality Control Standards For Auditors
A divided U.S. Securities and Exchange Commission adopted new quality control standards for public company auditors Monday, updating a 30-year-old standard that predates the creation of the Public Company Accounting Oversight Board by mandating increased oversight both internally and via the PCAOB.
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September 09, 2024
New Jersey Towns Fight New Affordable Housing Framework
Nine New Jersey towns have filed a constitutional challenge to the state's new affordable housing obligations framework, arguing it imposes responsibilities never envisioned by the decades-old doctrine that gave rise to the state's Fair Housing Act.
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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.
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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 impartiality requiring the justice's recusal.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Opinion
To Lower Drug Prices, Harris Must Address Patent Thickets
If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations
A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Opinion
Congress Must Do More To Bolster ERISA Protections
As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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How Fund Advisers Can Limit Election Year Pay-To-Play Risks
With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.