Public Policy

  • November 21, 2024

    Defamation Suit Against Ga. Election Chief Likely To Proceed

    A federal judge said Thursday that she was likely to allow a Texas attorney to continue with her defamation suit against Georgia Secretary of State Brad Raffensperger over comments that suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election.

  • November 21, 2024

    Connecticut Politician Gets Probation In Ballot Fraud Case

    A former city councilor in Bridgeport, Connecticut, will serve probation for his role in a ballot fraud scheme that affected four elections from 2017 to 2018, prosecutors in his federal criminal case said Thursday.

  • November 21, 2024

    New SEC 'Dealer' Rule Tossed In Win For Hedge Funds, Crypto

    A Texas federal judge on Thursday overturned a U.S. Securities and Exchange Commission rule that expanded the definition of "dealer" to include proprietary trading firms, some hedge funds and crypto firms, saying the agency overstepped its authority when it adopted the rule.

  • November 21, 2024

    SEC Chair Gensler To Step Down When Trump Takes Office

    U.S. Securities and Exchange Commission Chair Gary Gensler said Thursday that he will be leaving the agency on Jan. 20, clearing the way for new leadership under an incoming Trump administration that is expected to dismantle Gensler's climate disclosure regulation and open the SEC's door to more crypto-friendly policies.

  • November 21, 2024

    House Dems Tell Gorsuch To Recuse Over NEPA Case Conflict

    A group of House Democrats has called for U.S. Supreme Court Justice Neil Gorsuch to recuse himself from a dispute over federal environmental review requirements, arguing the court's decision could directly benefit a Colorado billionaire and former client who campaigned for the justice's first judicial appointment.

  • November 21, 2024

    Gaetz Ends AG Bid, Citing 'Distraction' To Trump Transition

    Former U.S. Rep. Matt Gaetz withdrew his name from consideration Thursday as President-elect Donald Trump's nominee for attorney general amid allegations of sexual misconduct and drug use.

  • November 21, 2024

    Biden's FCC Chair Stepping Down From Agency Jan. 20

    The Democratic head of the Federal Communications Commission said Thursday she will be leaving the agency on Jan. 20.

  • November 21, 2024

    CFPB Wraps Rule To Pull Big Payment Apps Into Supervision

    The Consumer Financial Protection Bureau said Thursday that it has finalized a measure to bring providers of major digital payment apps under its supervisory umbrella, expanding the reach of its oversight deeper into the technology sector and drawing fresh calls to reverse course.

  • November 21, 2024

    DOJ Urges Chrome, Android Sales In Google Case

    The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.

  • November 20, 2024

    Not So Fast: Lenders Say CFPB Payday Rule Must Stay On Ice

    Lender trade groups challenging the Consumer Financial Protection Bureau's payday loan rule have told the Fifth Circuit that they anticipate pursuing another U.S. Supreme Court appeal in their case, and that the rule should be kept on hold for even longer in the meantime.

  • November 20, 2024

    Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

    Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

  • November 20, 2024

    House Dem Proposes Vote Forcing Release Of Gaetz Report

    U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

  • November 20, 2024

    DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

    A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

  • November 20, 2024

    Election Exit Poll On Native Voting Likely Wrong, Groups Say

    An exit poll of Native American voters in this year's presidential election is likely an inaccurate representation of Indigenous communities and perspectives, two nonprofit organizations say, with one group calling for more accurate reporting on issues affecting Indian Country.

  • November 20, 2024

    Prison Phone Cos. Say FCC Reg Fight Belongs In 5th Circ.

    There should have been no lottery to decide where to place an appeal challenging the Federal Communications Commission's new caps on rates charged for prison phone calls — the matter belongs in the Fifth Circuit, a pair of prison phone service providers told the First Circuit.

  • November 20, 2024

    2nd Circ. Doubts Error In Tenant Screener's FHA Suit Win

    A Second Circuit panel appeared skeptical Wednesday that a Connecticut federal judge used the wrong analysis to find that a tenant screener's criminal history reporting practices do not violate the Fair Housing Act, grilling counsel for the federal government about the lower court's process.

  • November 20, 2024

    Arizona Governor Settles Tribal Water Rights Claims

    Two agreements signed by Arizona Gov. Katie Hobbs settled four tribal nations' water rights claims and will help to provide safe drinking water to thousands of Native Americans on reservation lands that depend on the Colorado River Basin System.

  • November 20, 2024

    Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use

    The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.

  • November 20, 2024

    USPTO Unveils Patent Fee Hikes Set To Take Effect In January

    The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.

  • November 20, 2024

    Va. Gov. Can't Exit Carbon Trading Program, Judge Says

    Virginia Gov. Glenn Youngkin's administration can't withdraw from a regional carbon emissions-trading program the Legislature ordered the state to join three years ago without first securing legislative approval, a Virginia circuit court judge ruled Wednesday.

  • November 20, 2024

    Judge Opens Path For Ex-Yale Student's Asylum Bid

    A Connecticut federal judge has illuminated a potential path for an expelled Yale student to send his sex assault accuser's name to immigration officials, suggesting that submitting a state trial transcript would "not seem to run afoul" of a magistrate judge's ban on otherwise naming the woman.

  • November 20, 2024

    Mountain West Says Trans Athlete Policy Was No Secret

    The Mountain West Conference has said that a motion for an emergency injunction that would force it to ban a transgender athlete from competition ahead of a volleyball tournament comes way too late and is a "manufactured" emergency, while Utah State University lodged an intervening complaint in support of banning the athlete.

  • November 20, 2024

    DEA Accused Of Colluding With Reform Foes In Pot Row

    Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.

  • November 20, 2024

    Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

    The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

  • November 20, 2024

    Fla. Couple Ask To Revive Suit Over Unclaimed Property

    A Florida couple asked the Eleventh Circuit Wednesday to revive their proposed class suit against the state's chief financial officer over a law that allows officials to hold unclaimed money indefinitely, arguing that it is a taking without just compensation because the state never pays interest on the amount held.

Expert Analysis

  • Opinion

    Barrett Is Right: Immunity Is Wrong Framework In Trump Case

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    Justice Amy Coney Barrett’s concurrence in Trump v. U.S., where the majority opinion immunized former presidents almost entirely from criminal prosecution for official actions, rests on a firmer constitutional foundation than the majority’s immunity framework, says Matthew Brogdon at Utah Valley University.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • The Complex Challenges Facing Sustainable Food Packaging

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    More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.

  • Navigating HHS' New Reproductive Healthcare Privacy Rule

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    The U.S. Department of Health and Human Services' new final rule regarding protections for the privacy of reproductive health information will require regulated entities to grapple with difficult questions about whether to comply with state law requirements or federal privacy prohibitions, says Christine Chasse at Spencer Fane.

  • Illinois May Be Gearing Up To Ban E-Verify

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    Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Mental Health Parity Rules: Tips For Plans And Issuers

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    Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • Applying High Court's Domestic Corruption Rulings To FCPA

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    After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.

  • Proposed Mortgage Assistance Rule: Tips For Servicers

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    The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • New Law May Move Calif. Toward Fashion Sustainability

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    California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

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    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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