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Public Policy
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August 21, 2024
Prometheum Plans To Support Two More Crypto 'Securities'
A cryptocurrency startup approved to safeguard crypto securities said Wednesday that it plans to support the tokens UNI and ARB when it launches in the fall, indicating it believes the digital assets implicate securities laws.
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August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
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August 21, 2024
Dartmouth's Refusal To Bargain Is Illegal, Hoops Union Says
The union representing men's basketball players at Dartmouth College accused the university of illegally refusing to negotiate, according to an unfair labor practice charge obtained by Law360 on Wednesday, as the school aims to challenge in federal court whether collegiate athletes are employees under federal labor law.
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August 21, 2024
Hunters, Breeder Want Puppy Import Ban Paused During Suit
Hunting groups and a breeder urged a Michigan federal court Wednesday to pause a health policy that bars them from bringing puppies younger than six months old into the U.S., arguing the ban will harm them if it remains active during their legal challenge.
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August 21, 2024
Judge Bars DOD Policy Blocking HIV-Positive Enlistees
A Virginia federal judge has struck down a U.S. Department of Defense policy barring HIV-positive people from joining the military, saying the DOD had failed to take current scientific evidence on HIV treatment and transmission into account.
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August 21, 2024
US Army Escapes Nebraska Tribe's Repatriation Suit
A federal district court judge won't order the U.S. Army to repatriate the remains of two Native American children from a boarding school cemetery in Pennsylvania, saying provisions of a law designed to protect Indigenous burial sites don't apply to the 180 children entombed there for more than a century.
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August 21, 2024
Fla. High Court Rejects Petition Against Abortion Measure Info
Florida's high court Wednesday rejected a petition from a group challenging the financial impact statement attached to a measure legalizing abortion up to 24 weeks that's slated to appear on the state's ballot in November, saying they never initially challenged a committee's authority to revise a statement they considered flawed.
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August 21, 2024
Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid
A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.
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August 21, 2024
Ga. Strip Clubs Push High Court For Tax-Free Dances
A coalition of Georgia strip clubs labored to convince the state's highest court Wednesday that a nearly decade-old tax on their businesses, used by the state to fund child trafficking prevention efforts, is unconstitutional by infringing upon their First Amendment rights to put on nude dances.
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August 21, 2024
Daughter Keeps $9.2M Win In Father's Med Mal Death Suit
A Georgia appeals court affirmed a $9.2 million wrongful death verdict in favor of a woman whose father died of complications following surgery, rejecting the medical center's argument that the evidence couldn't support the verdict.
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August 21, 2024
Feds Chide Iowa's 'Implausible' Immigration Law Defense
The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.
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August 21, 2024
Minn. Justices OK Denial Of Homestead Tax Break
A Minnesota property was correctly denied a homestead classification and property tax break because the owner did not live at the home as required, the state Supreme Court said Wednesday, affirming a state tax court decision.
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August 21, 2024
EPA Urges 8th Circ. Not To Delay Power Plant Effluent Rule
The U.S. Environmental Protection Agency and green groups on Tuesday asked the Eighth Circuit not to block the implementation of a rule that set new wastewater standards for coal-fired power plants, as utility companies, trade groups and nearly two dozen states that oppose the rule have urged.
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August 21, 2024
Dems At DNC Push For High Court Reform
Democratic lawmakers on Wednesday made the case at an event adjacent to the Democratic National Convention that U.S. Supreme Court reform is an issue that everyday Americans should care about and championed the progress made thus far.
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August 21, 2024
Oath Keepers Atty Pleads Guilty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group pled guilty Wednesday to charges connected to the Jan. 6, 2021, attack on the U.S. Capitol, copping to entering restricted Capitol grounds and advising Oath Keepers affiliates to delete incriminating digital evidence following the riot.
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August 21, 2024
Paxton Issues Warrants To Texas Counties In Election Inquiry
Texas Attorney General Ken Paxton said Wednesday that his office had executed multiple search warrants in Frio, Atascosa, and Bexar counties as part of an ongoing investigation into election integrity.
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August 21, 2024
Oregon Judge Grants EPA Partial Win In Water Pollution Suit
An Oregon federal judge rejected a conservation group's contention that the U.S. Environmental Protection Agency must step in and act because Oregon has effectively submitted no total maximum daily load plans to set appropriate pollution limits for hundreds of impaired waterways, some of which have been considered impaired for decades.
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August 21, 2024
Ohio Justice Pulls Appeals Judge Into Party Label Challenge
Ohio Court of Appeals Chief Judge Thomas J. Osowik is now ensnared in state Supreme Court Justice Jennifer Brunner's challenge to a state law requiring candidates for Ohio's appellate courts to list their political party affiliation on the ballot, appearing as a defendant in a retooled version of her complaint.
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August 21, 2024
City Health Administrator Says Firing Flouted Constitution
A former city of Bridgeport healthcare administrator says she learned via a one-page, hand-delivered letter at the close of business on April 1 that she was immediately losing her job, a move she says violated the 14th Amendment because she received neither a warning nor an opportunity for a hearing.
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August 21, 2024
Satanists Ask 1st Circ. To Rethink Boston's Prayer Scheme
A satanic temple wants the full First Circuit to rehear its suit seeking to participate in a blessing at Boston City Council meetings, arguing in a petition that the city's discriminatory prayer selection practice is straight out of a George Orwell novel.
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August 21, 2024
Alaska Seeks Pause In Mining Row Suit With EPA
The state of Alaska is calling on a district court judge to pause litigation accusing the U.S. Environmental Protection Agency of unlawfully prohibiting development of the Pebble mineral deposit in the southwestern region of the state, while the agency attempts to withhold documents from the public.
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August 21, 2024
Asylum Limits Litigation Remains In Settlement Talks
A pair of cases in the Ninth Circuit and D.C. federal court in which asylum-seekers are challenging a Biden administration rule limiting asylum at the southern border are still in the settlement-discussion stage.
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August 21, 2024
RI Pot Regulators Eye Dismissal Of Fla. Resident's Challenge
Rhode Island's marijuana regulator has asked a federal judge to toss a challenge brought by a Florida resident alleging the state's scheme for awarding retail cannabis licenses is unconstitutional, saying that process hasn't even been established yet.
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August 21, 2024
Nonprofit Can Step Into Ex-CFO's $40M Embezzlement Case
A Michigan federal judge said Tuesday that the Detroit Riverfront Conservancy can intervene in the federal government's embezzlement case against its former chief financial officer, who is alleged to have stolen $40 million from the nonprofit tasked with revamping Detroit's riverfront.
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August 21, 2024
Ex-Venezuelan Oil Employee Pleads Guilty To Sanctions Plot
The former procurement head at Petróleos de Venezuela SA, Venezuela's state-owned oil company, pled guilty to conspiring to obtain millions of dollars' worth of U.S. aircraft parts for the business, in violation of U.S. sanctions.
Expert Analysis
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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Series
After Chevron: Impact On CFPB May Be Limited
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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Opinion
Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.