Public Policy

  • July 16, 2024

    FCC Says Call Routing Protocols Need Better Security

    The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.

  • July 16, 2024

    Chinese Exile Guo Guilty On Most Counts In $1B Fraud Case

    A Manhattan federal jury on Tuesday convicted prominent Chinese Communist Party critic Miles Guo on most charges alleging he operated a vast fraud that solicited more than $1 billion worth of sham investments from his supporters.

  • July 16, 2024

    Fed. Circ. Denies US Cos. Interest From Late Duty Payments

    Domestic companies that are entitled to antidumping and countervailing duty payments under the now-defunct Continued Dumping and Subsidy Offset Act aren't entitled to the interest that accrues when the tariff is paid late, the Federal Circuit ruled.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    Menendez Guilty Of 'Shocking Corruption,' Urged To Resign

    A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.

  • July 16, 2024

    Ex-Philly Charter School Exec Gets 7 Years For Embezzlement

    Abdur Rahim Islam, who ran famed R&B producer Kenny Gamble's Philadelphia-based housing and education nonprofit, was sentenced Tuesday to seven years in prison for stealing hundreds of thousands of dollars from the organization and using the ill-gotten gains for Caribbean vacations.

  • July 15, 2024

    9th Circ. Won't Revive Challenge Of US Military Aid To Israel

    Palestinian human rights activists cannot revive their lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, the Ninth Circuit ruled Monday, saying the decision to provide military or other aid to a foreign nation is a political arrangement that does not belong in the courts.

  • July 15, 2024

    Tribes Fight Red States' Bid To Halt EPA Water Rule

    Tribal nations are seeking to challenge a bid by red states in North Dakota federal court to block a U.S. Environmental Protection Agency rule revision requiring states to consider tribes in addressing water quality standards under the Clean Water Act, arguing that the agency has the power to change its regulations.

  • July 15, 2024

    Green Groups, Industry Spar Over Feds' Offshore Leasing Plan

    Conservation groups and the American Petroleum Institute are weighing in with starkly contrasting opening briefs for D.C. Circuit challenges of a 2024-2029 offshore oil and gas leasing program and arguments for why it should be scaled back or expanded.

  • July 15, 2024

    Bannon Wants Full DC Circ. To Revisit Contempt Conviction

    Ex-Trump White House aide Steve Bannon asked the D.C. Circuit on Monday for an en banc rehearing as he seeks to overturn his contempt of Congress conviction, saying a three-judge panel's determination that he "willfully" flouted a subpoena from the Jan. 6 House select committee ignored U.S. Supreme Court precedent.

  • July 15, 2024

    Farm, Fuel Groups Challenge Feds' Land Conservation Rule

    The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.

  • July 15, 2024

    SEC Pans Database Privacy Challenge As Too Little, Too Late

    The U.S. Securities and Exchange Commission is looking to rid itself of a proposed class action targeting a market surveillance tool known as the consolidated audit trail, telling a Texas federal judge that shutting down a critical market stability tool 12 years after its creation would harm the public without providing any benefit to suing investors.

  • July 15, 2024

    Feds Say New Migrant Detention Rules Moot Lawsuit

    The Biden administration asked a California federal court to end a long-running lawsuit challenging the government's practices for placing unaccompanied migrant children, saying it addressed all the issues identified by the court with an April policy change.

  • July 15, 2024

    Detroit Must Face Bus Rider's Injury Suit, Mich. Panel Says

    The city of Detroit can't escape a lawsuit claiming one of its bus drivers intentionally hit the brakes in an effort to injure a passenger she was arguing with, causing injuries to another commuter, a Michigan appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to governmental immunity.

  • July 15, 2024

    BEAD Should Not 'Impede' Rural 5G Fund, FCC Says

    The chair of the Federal Communications Commission told Congress the fear of overlapping deployment is no reason for the government to spend infrastructure dollars on building out fixed internet service before auctioning spectrum for rural mobile broadband projects.

  • July 15, 2024

    10th Circ. Rejects Okla. Title X Funding Cut Challenge

    A Tenth Circuit panel on Monday rejected Oklahoma's challenge to federal cuts of its Title X funding over the state's refusal to provide referrals for abortions, affirming it was likely the state knowingly and voluntarily accepted the Department of Health and Human Services' requirements for the grant funding.

  • July 15, 2024

    La., Miss. Utility Regulators Launch FERC Grid Policy Fight

    Louisiana and Mississippi utility regulators called on the Fifth Circuit on Monday to review the Federal Energy Regulatory Commission's sweeping overhaul of how major electric transmission projects are planned and paid for.

  • July 15, 2024

    Colo. Judge Asks If Campaign Limits Hinge On Experts

    A Colorado federal judge wondered Monday who had the right to decide whether political corruption is enough of a problem to justify state campaign contribution limits, questioning the weight of expert opinion in a bench trial over the constitutionality of those limits.

  • July 15, 2024

    Menendez Jury Seeks Deliberation Guidance In 2 Notes

    The Manhattan federal jury weighing bribery charges against Sen. Robert Menendez and two businessmen sent two notes Monday indicating confusion as to fundamental issues.

  • July 15, 2024

    JD Vance's Wife Leaves Munger Tolles As Campaign Launches

    Usha Chilukuri Vance, the wife of vice presidential candidate J. D. Vance, has resigned as a litigator at Munger Tolles & Olson LLP, her now-former law firm told Law360 on Monday afternoon, presumably to trade her Washington, D.C.- and San Francisco-based litigation career for the campaign trail.

  • July 15, 2024

    Monsanto Doubles Down In Push To Undo $82M PCB Verdict

    Monsanto has urged a Washington state appeals court to toss an $82 million jury verdict awarded over polychlorinated biphenyls exposure at a school, saying the findings by the same court in a similar case should apply.

  • July 15, 2024

    NRA's Policies Called 'Dumpster Fire' As 2nd NY Trial Opens

    The New York attorney general cast the National Rifle Association as unrepentant and unreformed as a second-phase bench trial began in state court Monday, after a jury had found the group and its ex-officers liable for misspending millions.

  • July 15, 2024

    Fed's Powell Says He's Not Going Anywhere As Chairman

    Federal Reserve Chair Jerome Powell said Monday that he will serve out the remaining two years of his appointment leading the central bank, signaling his intent to stick around despite questions about his future in a second potential Trump administration.

  • July 15, 2024

    Calif. Justices Nix 3 Charter Arb. Terms, Remand Severability

    The California Supreme Court held Monday that three of four challenged provisions in Charter Communications Inc.'s employee arbitration agreement are "substantively unconscionable" but remanded a worker's discrimination case back to the trial court to determine if those provisions can be severed and the agreement can still be enforced.

Expert Analysis

  • Ohio Tax Talk: The Legislative Push For Property Tax Relief

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    As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • Aviation Watch: Mostly Smooth Landing For New FAA Law

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    The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    In The CFPB Playbook: Regulatory Aims Get High Court Assist

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    Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.

  • NY Public Campaign Funding May Attract Scrutiny From Feds

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    The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • National Security And The Commercial Space Sector: Part 2

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    Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.

  • FTC Hearing On Fake Review Rule Stressed Compliance Costs

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    The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Perspectives

    Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle

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    The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

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    Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.

  • Opinion

    Exec Liability Bill For Failed Banks Is Unnecessary, Unwise

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    A bill before the U.S. Senate, which would effectively empower the Federal Deposit Insurance Corp. to hold senior bank executives strictly liable for reasonable business decisions that lead to bank failures, needlessly overwrites the existing negligence standard and rewards counterproductive caution in management, say attorneys at Davis Polk.

  • National Security And The Commercial Space Sector: Part 1

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    The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

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