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Public Policy
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October 09, 2024
SF Leaders Not Backing City's High Court Case Against EPA
With oral arguments just a week away, the San Francisco Board of Supervisors on Tuesday passed a resolution urging the city attorney to drop a U.S. Supreme Court case against the U.S. Environmental Protection Agency over a Clean Water Act permit.
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October 09, 2024
11th Circ. Told Fla. Venue Can't Show Injury In Drag Show Law
Florida told the Eleventh Circuit on Wednesday that it should be allowed to implement a law prohibiting children from attending drag shows, arguing that an Orlando bar that sued to stop the law's enforcement hasn't met its burden showing an injury traceable to the state.
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October 09, 2024
Texas Electric Co-Op Says EPA Mercury Rule Must Be Nixed
A Texas electricity co-operative on Tuesday backed a D.C. Circuit challenge to a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants, saying the agency fudged data to saddle the co-op with unachievable emissions reduction requirements.
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October 09, 2024
Settlement Approved For DACA Loan Discrimination Suit
A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.
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October 09, 2024
How Built Environment Interacts With Climate Risk
As worsening disasters result in skyrocketing property insurance rates, CoreLogic data shows that construction decisions can cause significant variations in climate risk, even in neighboring counties.
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October 09, 2024
European Parliament Backs Brazil's G20 Wealth Tax Plan
A majority of the European Parliament supports a 2% minimum tax on billionaires presented by Brazil at the Group of 20 nations meeting, asking the European Union to pursue the topic at the group's November summit, according to joint statements by members of Parliament on Wednesday.
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October 09, 2024
Tenn. Extends Tax Deadlines Due To Hurricane Helene
Tennessee will extend its franchise and excise tax filing deadlines to May 1 for taxpayers affected by Hurricane Helene, the state Department of Reveue announced.
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October 09, 2024
Yale Must Answer Ex-Student's 'Execution' Fears, Judge Says
A judge has ordered Yale University to respond to an expelled student's fears of execution if he is deported to Afghanistan as she mulls lifting a ban on naming a classmate who accused the ex-student of sexual assault in litigation connected to a key Title IX ruling.
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October 09, 2024
AT&T Fights Phone 'Unlocking' Rules Floated At FCC
AT&T called on the Federal Communications Commission to abandon plans to require the "unlocking" of cellphones after 60 days to let customers switch carriers, saying wireless competition is already "fierce" and the FCC's plan would only hurt consumers.
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October 09, 2024
Ag Groups Defend Farm Emissions Reporting Exemption
Agricultural industry groups called on a Washington, D.C., federal judge to toss green groups' claims alleging the U.S. Environmental Protection Agency overstepped its authority in exempting factory farms from pollution-reporting requirements, arguing the agency merely implemented Congress' command.
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October 09, 2024
NY Tribe Urges Court To Keep Door Open On 911 Lawsuit
The Cayuga Nation is fighting a bid by two New York counties to dismiss its lawsuit over their alleged refusals to forward 911 calls to tribal police, arguing that on its face, it's hard to deny that something is amiss in the municipalities' efforts to ensure its reservation members' protection.
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October 09, 2024
Louisiana Judge Reopens EPA's Enforcement Against Denka
A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.
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October 09, 2024
Unclear Road For $275M Biz Tax Plan, DC Panel Chair Says
The District of Columbia Tax Revision Commission may scrap a proposal for a business activity tax that could raise $275 million annually to reduce other business taxes, the panel chair said Wednesday.
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October 09, 2024
SEC Equity Trading Reforms Spark DC Circ. Challenge
The U.S. Securities and Exchange Commission is facing a legal challenge in the D.C. Circuit over recent equity trading regulatory changes that allow stocks to be quoted in half-penny increments and lower access fee caps.
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October 09, 2024
EPA Will Clean Up 7 Abandoned Mines On Navajo Land
The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.
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October 09, 2024
NYC Housing Bribe Case Is 'Guilt By Association,' Jury Told
Counsel for a New York City public housing superintendent accused of taking nearly $38,000 in bribes told a Manhattan federal jury Wednesday that the defendant is a victim of "guilt by association," kicking off the first trial after an antibribery sweep saw 70 people charged.
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October 09, 2024
12 More NJ Towns Join Affordable Housing Suit
Twelve more New Jersey municipalities have joined a lawsuit challenging new legislation intended to create more affordable housing, bringing the number of plaintiffs to 21.
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October 09, 2024
USPTO Won't Let Non-Patent Attys Take Lead At PTAB
The U.S. Patent and Trademark Office on Wednesday announced it would not move forward with its proposal to allow attorneys who don't belong to the patent bar serve as lead counsel at the Patent Trial and Appeal Board.
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October 09, 2024
Lame-Duck Judiciary Confirmations? Wait And See
Democrats have been signaling that they want to surpass former President Donald Trump's record on judicial confirmations, but President Joe Biden's prospects for the post-election period are likely going to be contingent on the election results, according to an analysis published Wednesday.
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October 09, 2024
Ex-NC Govs. Back Cooper In Power Struggle With Lawmakers
Five former governors of North Carolina have thrown their support behind the current Democratic governor as he wrestles with Republican lawmakers over appointment powers, telling the state appeals court that the legislature has trampled on "bedrock constitutional principle" by seeking to divest the governor of his ability to select members of executive branch agencies.
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October 09, 2024
47 Members Of Congress Urge EPA To Ban Paraquat
Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."
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October 09, 2024
Final Treasury Rules Shut Off Inclusion For Repatriated IP
The U.S. Treasury Department adopted final rules Wednesday that shut off an annual income inclusion associated with intangibles for companies in certain situations that have transferred intellectual property back to the U.S. from overseas.
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October 08, 2024
NY Discharge Law Usurps Feds, Nuclear Plant Owner Says
The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.
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October 08, 2024
Texas Looks To Sink Suit Challenging Anti-ESG Law
Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.
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October 08, 2024
PetroSaudi Says US Not Entitled To All Of $380M Award
A PetroSaudi unit said it wants a California federal court to make clear that only 5% of funds should go to the Biden administration in a dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds.
Expert Analysis
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.