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Public Policy
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July 24, 2024
Senate Tees Up Votes On Two Tax Court Nominees
The U.S. Senate set the stage Wednesday for the chamber to proceed with votes on two of President Joe Biden's picks for U.S. Tax Court seats.
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July 24, 2024
Senate Dems Demand Scrutiny Of T-Mobile, UScellular Deal
T-Mobile's plan to buy the wireless operations of yet another mobile network operator — this time, United States Cellular Corp. — several years after it was allowed to merge with Sprint to become the third biggest carrier in the country is a bad idea, a handful of Democratic senators have told the U.S. Department of Justice and FCC.
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July 24, 2024
Tire Biz Can't Delay Duties Under Relief Order For Other Cos.
An importer that hadn't participated in a lawsuit challenging duties on Chinese tires can't benefit from a court order temporarily suspending duty collection while the case was underway, the U.S. Court of International Trade said.
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July 24, 2024
Copyright Protections For Safety Standards Stall In US House
The U.S. House failed to advance legislation to let the private groups that set standards for a variety of safety matters keep copyright protections when their works are incorporated by reference into laws as long as the standards are still available for free online.
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July 24, 2024
Feds Say Immigration Orgs Can't Sue Over 2020 Asylum Rule
The federal government told a D.C. federal judge that two immigration advocacy groups have no standing to press their legal challenge to a Trump-era rule that narrowed asylum eligibility, saying the overhaul does not directly regulate the organizations.
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July 24, 2024
Navajo Coal Co. Appeals FINRA Arbitration Order In $11M Fight
A Navajo coal-mining company has wasted no time in appealing a Pennsylvania federal judge's order refusing to grant the tribe-owned business's bid to halt arbitration proceedings against a private equity firm in an $11 million dispute over their financing agreement.
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July 24, 2024
Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing
The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.
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July 24, 2024
Patent Cap In Drug Pricing Bill Seen As Having Muted Effect
The U.S. Senate recently passed a bill aiming to lower drug prices by limiting the number of patents that can be asserted in cases over biosimilars, but attorneys say the measure's numerous exceptions make it unlikely to have a major effect on litigation or consumer costs.
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July 24, 2024
CFPB Warns Of Anti-Whistleblower Risk In NDAs That 'Muzzle'
The Consumer Financial Protection Bureau cautioned Wednesday that banks and other financial firms risk violating federal law if they require their employees to sign broad nondisclosure agreements that don't clearly allow them to talk freely with regulators or law enforcement.
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July 24, 2024
Ex-AT&T Exec Wants Madigan Bribery Charges Dropped
A former AT&T executive who's accused of scheming to illegally influence former Illinois House speaker Michael Madigan's policy decisions argued that the U.S. Supreme Court's recent bribery ruling warrants chopping a conspiracy and bribery charge from his case.
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July 24, 2024
Ga. Sheriff Wants $11M Groping Arrest Suit Tossed
A Georgia sheriff accused of using excessive force against a man who says he was falsely accused of groping the lawman's wife asked a federal judge Tuesday to dismiss the civil rights claims against him, arguing he was well within his rights to tackle the man and take him into custody.
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July 24, 2024
CFIUS Reviews Slumped In 2023, Penalties Increased
The Committee on Foreign Investment in the United States experienced a significant drop in the number of cases it reviewed in 2023, but levied a record number of penalties last year, according to an annual report to Congress.
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July 24, 2024
IRS Sets Criteria For Carbon Capture Credit Life Cycle Report
The Internal Revenue Service detailed standards and procedures Wednesday for a written report on a carbon sequestration facility's greenhouse gas emissions that project owners must submit and get agency approval on before claiming the carbon oxide tax credit.
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July 24, 2024
Pa. Judge Won't 'Chase' Deadline-Flouting ADA Case Attys
A Pennsylvania federal judge on Wednesday told attorneys in an Americans with Disabilities Act case against Tommy Bahama that he wasn't going to "chase" lawyers flouting scheduling orders, warning that the consequences might hurt more than just complying with the plan.
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July 24, 2024
Nonprofit Sues Former CFO Over Alleged $40M Embezzlement
The Detroit Riverfront Conservancy on Wednesday sued its former CFO William Anthony Smith and his wife, mother and sister over their purported involvement in a scheme to steal almost $40 million from the nonprofit, claiming they used the money to fund a lavish lifestyle and buy plane tickets for professional athletes.
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July 24, 2024
ICE Contractor Hit With Class Action Over Family Separations
A father and son who were separated for six years under the Trump administration's policy of "zero tolerance" for unlawful border crossings have brought a proposed class action against the private contractor responsible for transporting children, seeking to make it pay for the emotional trauma families have endured.
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July 24, 2024
3rd Circ. Says NJ Temp Worker Law Is Constitutional
Staffing industry groups can't halt a New Jersey law strengthening protections for temporary workers because it doesn't discriminate between out-of-state and in-state companies and is therefore constitutional, the Third Circuit ruled Wednesday, affirming a district court's ruling.
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July 24, 2024
Where Biden Stands On Judicial Noms Compared To Trump
With President Joe Biden now set to be a one-term president, it appears he can match President Donald Trump's record on district court nominees, but it's not likely he will on nominees to circuit courts.
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July 24, 2024
Parts Of Klehr Harrison Bills Not Privileged, Pa. Panel Finds
Pennsylvania journalists can view the subject lines of invoice requests sent to the Pennsylvania Office of General Counsel by outside law firms, including Klehr Harrison, with a state appeals court panel determining the information falls under the state's Right-to-Know Law and is not privileged, nor is it protected by a court order.
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July 24, 2024
EPA Moving Toward New Regulations For 5 Chemicals
The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.
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July 24, 2024
5th Circ. Strikes Down FCC's Universal Service Fund
The full Fifth Circuit struck down the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users as unconstitutional Wednesday, reversing a panel decision and triggering a circuit split with three other appeals courts that upheld the fee regime.
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July 24, 2024
USCIS Updates Immigrant Entrepreneur Requirements
Immigrant entrepreneurs hoping to take advantage of the international entrepreneur parole program will now have to meet higher investment and revenue thresholds, according to an updated U.S. Citizenship and Immigration Services regulation.
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July 24, 2024
Hemp Cos. Get Stay Of DEA Subpoenas Seeking Records
A Texas federal judge on Wednesday stayed enforcement of U.S. Drug Enforcement Administration subpoenas seeking financial and other records from a group of hemp and vape sellers, who had argued earlier this week that the subpoenas were overbroad and unlinked to any federal investigation.
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July 23, 2024
Knives Out For Another Pro-Agency Landmark After Chevron
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.
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July 23, 2024
Kroger And Colo. Talks To Avoid Merger Hearing Stall Out
Negotiations between Kroger Co. and Colorado enforcers to avoid an injunction hearing in the state's challenge to a $24 billion merger with Albertsons appeared to have stalled, prompting the grocers Tuesday to pitch a state judge on other options to avoid the fast-approaching proceeding.
Expert Analysis
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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New Crypto Reporting Will Require Rigorous Recordkeeping
The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.