Public Policy

  • July 26, 2024

    Texas Federal Judge Blocks DOL Investment Advice Rule

    A Texas federal judge granted a bid from insurance industry groups to freeze U.S. Department of Labor regulations that expand who qualifies as a fiduciary under federal benefits law, saying the agency's new rule "suffers from many of the same problems" as a previous DOL rule the Fifth Circuit invalidated in 2018.

  • July 26, 2024

    NLRB Finalizes Rollback Of Trump-Era Union Election Rules

    The National Labor Relations Board on Friday finalized its rule rolling back Trump-era changes to union election procedures, restoring policies blocking union representation elections when an employer is alleged to have tainted the vote and insulating unions from removal if an employer voluntarily recognizes them.

  • July 26, 2024

    EU Frees Up €1.5B Of Frozen Russian Assets To Aid Ukraine

    The European Union's executive branch said Friday that it is freeing up €1.5 billion ($1.6 billion) of revenue generated from immobilized Russian assets to aid Ukraine in defending itself against the Russian invasion.

  • July 25, 2024

    DOJ Watchdog Criticizes Barr But Clears Him Of Wrongdoing

    The U.S. Department of Justice's watchdog on Thursday chided former Attorney General William Barr for violating DOJ policies via his handling of information regarding an election fraud investigation in Pennsylvania during the 2020 presidential election, though it said he didn't technically commit misconduct.

  • July 25, 2024

    Bank-Fintech Risks Put In Spotlight As Agencies Urge Caution

    Federal regulators urged banks on Thursday to be mindful of a host of potential risks when partnering with outside firms to provide deposit products and services, guidance that comes in the wake of a high-profile fintech bankruptcy that has cast a pall over the banking-as-a-service business model.

  • July 25, 2024

    Boeing's 737 Max Plea Deal: Monitorship, Gov't Contracts

    Boeing will be branded with a felony criminal conviction after pleading guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development, an ignominious distinction with fresh complications for the embattled American aerospace titan as it overhauls its corporate culture under a compliance monitorship.

  • July 25, 2024

    Meta, Snap Can't Ignore Murder Case Subpoenas, Court Says

    Social media companies' ability to access and use their customers' information means they fall outside the scope of the Stored Communications Act, a California appellate court has ruled, rejecting Meta Platforms Inc. and Snap Inc.'s argument that the SCA's disclosure limitations mean they can't comply with subpoenas in a murder case.

  • July 25, 2024

    Justice Kagan Floats Committee To Enforce High Court Ethics

    U.S. Supreme Court Justice Elena Kagan said Thursday that the high court "should" and "could" create a mechanism like a committee of lower-court judges to enforce a code of conduct, while acknowledging the "complications" in deciding who should be the enforcers.

  • July 25, 2024

    11th Circ. Revives FCA Dispute Over Small Biz Contracts

    The Eleventh Circuit on Thursday revived a whistleblower False Claims Act case alleging new owners of a construction firm fraudulently secured orders under a program for disadvantaged small businesses, saying those owners should have told the Small Business Administration about the ownership switch.

  • July 25, 2024

    Iowa Says Blocking Its Immigration Law Flouts High Court

    Iowa told the Eighth Circuit on Thursday that a federal judge contorted U.S. Supreme Court precedent by granting the Biden administration's request to block a law criminalizing previously deported noncitizens' entry into the state.

  • July 25, 2024

    Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter

    The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.

  • July 25, 2024

    Ninth Circ. Vacates, Remands BIA Sexual Misconduct Dispute

    The Ninth Circuit vacated and remanded a lower court's ruling that the Bureau of Indian Affairs isn't liable for the actions of one of its officers who sexually assaulted a Northern Cheyenne woman, saying conflicting statements create a factual dispute regarding whether the officer was acting within the scope of his employment.

  • July 25, 2024

    SEC Seeks To Narrow Attack On Nasdaq Board Diversity Rule

    The U.S. Securities and Exchange Commission told the Fifth Circuit Thursday that conservative groups objecting to a Nasdaq rule mandating the disclosure of board diversity data can no longer complain about the exchange's offer to help companies recruit applicable candidates because that offer has expired, mooting at least one aspect of a broader attack against the rule.

  • July 25, 2024

    FCC Keeps Chin Up, But Chevron Woes Won't Soon Fade

    After the U.S. Supreme Court term stampeded over long-established elements of administrative law this summer, the future of several major Federal Communications Commission initiatives was cast into doubt, but the agency says it's still optimistic it can navigate the new challenges.

  • July 25, 2024

    Sports Court Confirms US Figure Skating Win In Beijing

    The Court of Arbitration for Sport has rejected appeals filed by the Russian figure skating team challenging the rankings in the team event during the 2022 Olympic Games in Beijing, a decision that means the U.S. team members will finally be able to collect their gold medals.

  • July 25, 2024

    Newsom Cites High Court In Ordering Encampments Cleared

    California Gov. Gavin Newsom on Thursday ordered state agencies to start removing homeless encampments on state property while providing outreach services to homeless residents following a recent U.S. Supreme Court ruling that gave governments broader authority to ban camping in public.

  • July 25, 2024

    NC High Court Signals End To College Building Access Row

    The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.

  • July 25, 2024

    Fla. Agency Gets Most Of Unions' Claims Over Dues Law Axed

    A public employee relations agency secured an early win against claims from Florida teachers unions that provisions in a state law pertaining to dues deductions and recertification violated the U.S. Constitution, a federal judge ruled, sending only one contracts clause allegation to trial.

  • July 25, 2024

    US Calls For Labor Scrutiny At Mexican Components Plant

    The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.

  • July 25, 2024

    Cable Group Says Funds May Cover Less Under BEAD Rules

    The funds the Biden administration has put into the Broadband Equity, Access and Deployment Program should be enough to get most eligible locations connected if the National Telecommunications and Information Administration doesn't set any mandates on how much that service will cost after it's there, a cable trade group says.

  • July 25, 2024

    Pentagon Panel To Review Wounded Knee Medals Of Honor

    The U.S. Department of Defense will evaluate about 20 Medals of Honor awarded after the 1890 Wounded Knee conflict in South Dakota to ensure that no U.S. Army soldier was recognized with the nation's highest military accolade for inconsistent conduct.

  • July 25, 2024

    Defense Teams' Solidarity Key In Hawaii DA's Acquittal

    California federal prosecutors' bribery case against a prosecutor, a businessman and an outside counsel collapsed after no defendant turned state's evidence and one even testified for the defense, showing the value of presenting a unified front, the winning lawyers said.

  • July 25, 2024

    Lawmakers Take Stab At Energy Permitting As Election Looms

    U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.

  • July 25, 2024

    Solvay Wants Arkema To Cover Some Of NJ PFAS Deal

    Solvay Specialty Polymers USA LLC said it plans to ask a New Jersey state judge to lift a 3-year-old stay so it can seek contributions from Arkema Inc. for the remediation of forever chemical pollution stemming from a West Deptford facility.

  • July 25, 2024

    California Disses Chamber's Climate Compliance Attack

    The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.

Expert Analysis

  • 2 Regulatory Approaches To Psychedelic Clinical Trials

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    Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Best Practices For Responding To CBP's Solar Questionnaire

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    U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • A Look At US-EU Consumer Finance Talks' Slow First Steps

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    The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • 5th Circ. Venue-Transfer Cases Highlight Mandamus Limits

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    Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.

  • 8 Steps Companies Should Take After An Internal Investigation

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    Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.

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