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Public Policy
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July 31, 2024
Federal Judge Overturns NJ Ban On AR-15 Assault Rifles
A New Jersey federal judge has overturned the Garden State's 30-year-old ban on AR-15 assault rifles, finding that even though it is "hard to accept the U.S. Supreme Court's pronouncements that certain firearm policy choices are 'off the table,'" the court is bound to follow the high court's decisions.
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July 31, 2024
11th Circ. Revives Suit Over Ga. City's Ouster Of White Manager
A white ex-city manager of a small Georgia city who was fired after a new administration allegedly vowed to replace him with a Black person will get another shot at pressing his racial discrimination claims as the Eleventh Circuit gave the case new life Wednesday.
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July 31, 2024
EPA Looks To Dismiss States' Water Rule Challenge
The U.S. Environmental Protection Agency is asking a Louisiana federal court to toss a group of conservative-leaning states' and energy industry groups' lawsuit attempting to sink its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns.
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July 31, 2024
HSBC Says HUD Has Closed Fair Lending Probe
HSBC's U.S. banking arm said it is no longer facing a multicity fair lending investigation from federal housing authorities after an outside complaint that prompted the probe was withdrawn.
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July 31, 2024
9/11 MDL Judge Probes Saudi Arabia's Latest Exit Bid
A Manhattan federal judge peppered Saudi Arabia's lawyers with questions Wednesday as they argued that years of discovery have yielded no real evidence of a Saudi government spy helping organize the terrorist attacks of Sept. 11, 2001.
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July 31, 2024
After Sackett, A Colorado Town Grapples With Its Wetlands
Residents of a small town in Colorado have been left to spar over the fate of its wetlands in the wake of Sackett v. EPA, highlighting how the court's curtailment of Clean Water Act protections has placed local, state and tribal governments in a regulatory vacuum.
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July 31, 2024
Pipeline Cos. Can Join FERC Approval Fight
Companies behind a liquefied natural gas facility in Sonora, Mexico, and the Saguaro Connector Pipeline that will help serve it can weigh in on a challenge of Federal Energy Regulatory Commission approvals for the pipeline, the D.C. Circuit said Wednesday.
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July 31, 2024
Senators Aim To Increase Injunctions In Patent Battles
A new bipartisan bill in Congress would make it easier for federal courts to issue injunctions in patent cases, but critics say this would primarily help companies "that do not make any products or provide any services."
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July 31, 2024
Include Satellites In Broadband Updates, SpaceX Tells FCC
SpaceX urged the Federal Communications Commission to include provisions for gateway earth station satellite hubs like its own in proposed regulations to expand broadband access within certain spectrum bands, telling the regulator that doing so would be a "win-win-win" for stakeholders.
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July 31, 2024
Telecom Trespassing On Reservation Land, Oregon Tribes Say
Lumen Technologies Inc. is trespassing on territory that belongs to the Confederated Tribes of the Warm Springs Reservation and has been for years, according to a lawsuit accusing the telecom of continuing to operate on an expired lease instead of striking a new deal for miles of laid fiber.
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July 31, 2024
Meadows Appeal May Help Clarify Immunity Ruling, Attys Say
Legal scholars told Law360 on Wednesday that former White House Chief of Staff Mark Meadows' recent request to have the U.S. Supreme Court weigh in on whether his Georgia election interference case should be moved to federal court provides the justices with an opportunity to clarify key aspects of their recent presidential immunity ruling.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
WH Reviewing Green Card Rule For Mixed-Status Families
A new rule allowing certain foreigners who are married to U.S. citizens and their children to apply for green cards without leaving the United States is under review at the White House's Office of Information and Regulatory Affairs.
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July 31, 2024
GOP Senate Bill To Bar FCC's AI Disclosure Rule Blocked
A Republican effort in the U.S. Senate aiming to prevent the Federal Communications Commission from requiring broadcasters to disclose the use of artificial intelligence in political ads lost traction at the committee level Wednesday.
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July 31, 2024
Fla. Electric Co. Ex-CEO Gets 4 Years For Privatization Plot
A Jacksonville, Florida, federal judge sentenced a former CEO of the city's electric company to four years in prison after a jury convicted him of fraud conspiracy charges in a multimillion-dollar embezzlement scheme connected to a process to privatize the public utility, prosecutors said Wednesday.
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July 31, 2024
EPA Floats Ban On Many Uses Of Carcinogen 1-BP
The U.S. Environmental Protection Agency on Wednesday proposed banning all consumer uses of the carcinogen 1-bromopropane — except in insulation — as well as some industrial and commercial uses.
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July 31, 2024
Senate Confirms State Judges To US District Courts In NY, PA
The Senate on Wednesday confirmed Judge Meredith Vacca to the Western District of New York and U.S. Magistrate Judge Joseph F. Saporito Jr. to the Middle District of Pennsylvania.
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July 31, 2024
Steward Health Care Gets OK To Close 2 Mass. Hospitals
A Texas bankruptcy judge Wednesday approved the closure of two Massachusetts hospitals owned by Steward Health Care after the debtor said that it was unable to find buyers for them.
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July 31, 2024
Historical Association Backs Tribes In SunZia Power Line Row
The National Association of Tribal Historic Preservation Officers is asking the Ninth Circuit to intervene in a challenge by a coalition of Native American tribes and environmentalists seeking to block SunZia Transmission from routing a 520-mile power line through important cultural and historical sites in the San Pedro Valley.
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July 31, 2024
Sens. Reveal Bipartisan Trade Bill Streamlining Customs Laws
Two senators from opposite sides of the aisle released a discussion draft and bill Wednesday of their proposed Customs Facilitation Act of 2024, which seeks to modernize U.S. customs laws and streamline processing goods and services crossing U.S. borders.
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July 31, 2024
Final DOI Report Finds Nearly 1,000 Died At Boarding Schools
Nearly 1,000 Indigenous children died while attending federal government-run boarding schools, according to the Department of Interior's second — and final — report that follows a three-year investigation into harsh conditions the students were forced to endure over the course of more than a century.
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July 31, 2024
Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies
The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.
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July 31, 2024
Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards
A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.
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July 31, 2024
Separate Easement Contribution Docs Critical, IRS Atty Says
Conservation easement donors must always keep separate documents from their donees that acknowledge the gifted property to qualify for a charitable tax deduction in the event the IRS requests such information during an audit, according to an agency counsel Wednesday.
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July 31, 2024
SEC Asked For Public Tax Reporting By Group With $2.3T
The U.S. Securities and Exchange Commission was asked Wednesday to begin a rulemaking procedure to require public country-by-country reporting of tax by nearly 90 investment funds, labor unions, activists and others with combined assets over $2.3 trillion.
Expert Analysis
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How SEC Could Tackle AI Regulations On Brokers, Advisers
The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Biden Admin Proposals May Facilitate US, UK, Australia Trade
Recent proposals that create exceptions to U.S. export licensing requirements for defense trade with Australia and the U.K. would remove hurdles that have hindered trade among the three countries, and could enable smaller companies in the sector to greatly expand their trade horizons, say Keil Ritterpusch and Grace Welborn at Buchanan Ingersoll.
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What To Know As CFPB Late Fee Rule Hangs In Limbo
Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.
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Short-Term Takeaways From CMS' New Long-Term Care Rules
The Centers for Medicare & Medicaid Services' new final rule on nursing home staffing minimums imposes controversial regulatory challenges that will likely face significant litigation, but for now, stakeholders will need to prepare for increased staffing expectations and more specialized facility assessments without meaningful funding, say attorneys at Morgan Lewis.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline
The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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What High Court Ruling Means For Sexual Harassment Claims
In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Opinion
New Guidance On Guilty Plea Withdrawals Is Long Past Due
In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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The Uncertain Scope Of The First Financial Fair Access Laws
With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.