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Public Policy
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August 16, 2024
Florida Unlikely To Act Quickly On Condo Law Cost Concerns
Florida lawmakers appear unlikely to take preemptive action to modify condominium safety laws enacted after the deadly 2021 building collapse in the town of Surfside, despite concerns that approaching year-end deadlines for mandated structural inspections and reserve studies will lead to overwhelming financial burdens for many residents.
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August 16, 2024
Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight
The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.
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August 16, 2024
Chinese Router Maker Must Be Looked Into, Reps. Say
A House committee that weighs potential dangers posed by the Chinese Communist Party is raising the alarm about the routers sold by a Chinese-owned company, saying the panel believes the devices could pose a risk to national security.
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August 16, 2024
Baltimore Inks $152.5M Opioid Deal With Cardinal Health
Baltimore announced Friday that it settled claims for $152.5 million with Cardinal Health over its alleged role in helping fuel the city's opioid crisis, reaching the deal with the pharmaceutical distributor ahead of a September trial against five remaining defendants and following separate $45 million settlements with Allergan and CVS.
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August 16, 2024
New Study Sought On Uranium Mine Near Grand Canyon
Arizona Attorney General Kris Mayes is asking the U.S. Forest Service for an updated environmental impact study on the state's only working uranium mine at the center of a dispute with the Navajo Nation, saying the original assessment is based on outdated information about risks to the region's groundwater.
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August 16, 2024
SG Tells High Court No Reason To Unblock Ariz. Voter Law
Solicitor General Elizabeth Prelogar urged the U.S. Supreme Court on Friday to reject an argument from the Republican National Committee and two top Arizona lawmakers that federal law can't preempt the state from requiring proof of citizenship to vote.
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August 16, 2024
DHS Unit Unveils Guide Ahead Of New Parole Program Start
The Biden administration released a guide Friday about a program set to roll out Monday that will allow certain foreigners married to U.S. citizens and their children to apply for green cards and get work authorization without leaving the U.S.
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August 16, 2024
Voters' Bid To Revive Ga. Election Suit Slammed As Hail Mary
Georgia Secretary of State Brad Raffensperger is asking a federal judge to "make clear" a case alleging a biased system to elect Georgia Public Service Commission members "is over," as Black voters behind the suit fight to keep it alive.
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August 16, 2024
Harris Proposes Tax Break For Homebuilders
Vice President Kamala Harris, the presumptive Democratic nominee for president, proposed several housing-related tax proposals, including creating a tax incentive for homebuilders that sell to first-time homebuyers, during a campaign speech Friday.
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August 16, 2024
9th Circ. Keeps Part Of Block On Calif. Kids' Privacy Law
The Ninth Circuit on Friday refused to completely scrap an injunction halting a groundbreaking new California law requiring social media platforms to bolster privacy protections for children, finding that a tech trade group was "likely to succeed" on its argument that the mandate for companies to identify and address potential risks to minors violates the First Amendment.
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August 16, 2024
States Get Teva Generic Price-Fix Case On Docket As 1st Trial
A Connecticut federal judge has granted a request from a coalition of state attorneys general suing a slew of generic-drug makers to try a case focused on Teva before proceeding with a different case that was first filed.
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August 16, 2024
FCC Plans To Overhaul Citizens Broadband Radio Service
The Federal Communications Commission plans to give the Citizens Broadband Radio Service a makeover that it says will ensure better interference protections for both current and future users of the spectrum.
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August 16, 2024
State Dept. Issues Interim Australia, UK Export Waiver Rule
The U.S. Department of State issued an interim rule Friday easing export restrictions for Australia and the United Kingdom to facilitate the trilateral AUKUS agreement, after determining the allied countries' export controls were comparable to those of the U.S.
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August 16, 2024
UN Votes For Global Services As First Priority Under Tax Pact
The United Nations voted Friday to make taxation of cross-border services the most prioritized topic for a legally binding agreement to be finalized by late 2027 alongside the organization's framework convention on international tax cooperation.
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August 16, 2024
24-Hour Abortion Delay Violates Ohio Constitution, Court Told
In the wake of an Ohio constitutional amendment enshrining the right to abortion, a state court heard arguments Friday as it considers whether to block laws requiring pregnant individuals to wait at least 24 hours before they can access abortions in the state.
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August 16, 2024
TCJA's Estate Tax Treatment Shouldn't Change, Panel Told
If the Tax Cuts and Jobs Act's estate tax exemption increase is allowed to lapse in 2025, many family farms in the Midwest would face tough choices, including whether to sell to large corporations, panelists told the House of Representatives' Ways and Means Committee on Friday.
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August 16, 2024
Off The Bench: WNBA Suit, Olympic Fallout, Swimming Ban
In this week's Off The Bench, a WNBA star accuses her former team of discrimination for trading her once she became pregnant, questions swirl around the revocation of a U.S. gymnast's Olympic medal, and a BigLaw investigation prompts the University of Notre Dame to suspend its men's swimming program.
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August 16, 2024
Atty Gets 32 Months In Prison For Bribing Chicago Alderman
An Illinois federal judge on Friday sentenced an immigration attorney and real estate developer convicted of bribing former Chicago Alderman Ed Burke to two years and eight months in prison, maintaining prison time is warranted because the lawyer initiated the bribe and tried to hide it from federal agents and the grand jury.
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August 16, 2024
5th Circ. Nixes Injunction Denial In Texas Electioneering Suit
The Fifth Circuit blocked a Texas county's new electioneering rules Thursday, reversing a district court's ruling rejecting a preliminary injunction motion from local conservative groups and holding that the regulations on signage near county-owned voting locations and other provisions likely violate the First Amendment.
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August 16, 2024
DC Circ. Rolls Back Pipeline Safety Rules
The D.C. Circuit on Friday threw out a handful of new safety standards for gas transmission pipelines set by the U.S. Department of Transportation, ruling that federal regulators failed to explain why their benefits outweighed their costs.
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August 16, 2024
Public Interest Orgs. Press For FCC's AI Ad Disclosure Rule
As the fall elections loom, more than 40 public interest groups are advocating for the Federal Communications Commission to require radio and TV broadcasters to disclose the use of artificial intelligence in political ads.
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August 16, 2024
5th Circ. Tosses Appeal In FTC's Anesthesia Antitrust Case
The Fifth Circuit has agreed with the Federal Trade Commission and tossed an early appeal from U.S. Anesthesia Partners in the agency's case accusing the group of monopolizing the Texas anesthesiology market through a "roll-up" strategy.
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August 16, 2024
1st Circ. Smooths Path For Title VII Retaliation Claims
The First Circuit affirmed a lower court's grant of summary judgment for Bentley University in an employment discrimination lawsuit brought by a former program coordinator, but also took the opportunity to lower the bar for retaliation claims.
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August 16, 2024
Ch. 7 Trustee Can't Recover Tax Payment, States Tell Justices
A group of roughly two dozen states threw their support behind the federal government in asking the U.S. Supreme Court to overturn a ruling that forced the IRS to return a tax payment after a bankruptcy trustee argued it was a fraudulent transfer and recoverable under state law.
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August 16, 2024
NC AG Readies Appeal In Fight Over Smithfield Foods Funds
North Carolina Attorney General Josh Stein is taking a fight over millions of dollars in environmental grants to the state appeals court, after a trial judge found the funds should be exclusively set aside for use in public schools.
Expert Analysis
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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How Congress Is Tackling The US Healthcare Shortage
With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI
Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.
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6 Tips For Maximizing After-Tax Returns In Private M&A Deals
With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.