Public Policy

  • October 04, 2024

    Posting Copyrighted Building Codes Is Fair Use, Pa. Judge Says

    The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

  • October 04, 2024

    Fed. Circ. Revives Boeing Contractual Cost Accounting Case

    The Federal Circuit on Friday revived Boeing's suit claiming the Defense Contract Management Agency wrongly adjusted contractual cost claims using a regulation that clashes with a federal cost accounting statute, finding the case was essentially a contract dispute and not a disallowed regulatory challenge.

  • October 04, 2024

    Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • October 04, 2024

    Europe Votes To Raise Tariffs On Electric Vehicles From China

    European Union member states voted Friday to impose higher tariffs on imports of battery electric vehicles from China for the next five years, adding to the already staggering tariffs imposed by the United States and Canada.

  • October 04, 2024

    Justices Accept Ex-Chicago Alderman's False Statement Case

    The U.S. Supreme Court said Friday that it would review the conviction of an ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman under a federal statute that prohibits making false statements to influence certain financial institutions.

  • October 04, 2024

    Ore. Court Reverses Transfer Of Pot Facility's Tax Account

    A property tax account for the interior improvements in an Oregon warehouse leased to a marijuana grower was improperly reassigned from the grower to the warehouse owner, the state's tax court said, reversing a change made by a local assessor.

  • October 04, 2024

    Ga. Tax Deadlines Extended To May After Hurricane Helene

    Certain state tax return and payment deadlines in Georgia are being postponed to May 1 in response to the damage wrought by Hurricane Helene, the state's Department of Revenue has said.

  • October 04, 2024

    Justices Won't Block EPA Methane Control Rule

    The U.S. Supreme Court on Friday rejected pleas by Republican-led states and fossil fuel industry groups to block implementation of an Environmental Protection Agency rule strengthening methane emissions control requirements for oil and gas infrastructure.

  • October 04, 2024

    Justices Won't Freeze EPA's Mercury Rule During Challenge

    The U.S. Supreme Court on Friday allowed the U.S. Environmental Protection Agency to implement its recent rule strengthening mercury air emission standards while red states' and fossil fuel groups' challenges proceed at the D.C. Circuit.

  • October 04, 2024

    High Court Will Hear Mexico's Suit Against Gun Cos.

    The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.

  • October 04, 2024

    High Court Takes Up E-Cig 'Forum Shopping' Appeal

    The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.

  • October 04, 2024

    High Court Will Hear TCPA Case Over Online Junk Faxes

    The U.S. Supreme Court said Friday it will review whether district courts must follow a Federal Communications Commission ruling that the Telephone Consumer Protection Act does not prohibit junk faxes that are received only via electronic inboxes.

  • October 04, 2024

    High Court Will Review 5th Circ. Bar On Nuclear Waste Site

    The U.S. Supreme Court on Friday said it will review the Fifth Circuit's decision to bar the U.S. Nuclear Regulatory Commission from issuing a license to a temporary nuclear waste storage facility in Texas.

  • October 03, 2024

    Trump Says Justices' Jan. 6 Ruling Shields Him From Charges

    Former President Donald Trump on Thursday told a Washington, D.C., federal judge that charges accusing him of scheming to subvert the 2020 election results cannot stand after the U.S. Supreme Court limited prosecutors' use of an obstruction statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021.

  • October 03, 2024

    WilmerHale Hired For DHS IG's Retaliatory Probe, Report Says

    U.S. Department of Homeland Security Inspector General Joseph Cuffari at one point tapped WilmerHale to conduct a retaliatory investigation into three staffers who complained about him, an abuse of his authority and waste of funds, a watchdog alleged in a report Wednesday.

  • October 03, 2024

    Ill. Top Court Asked To Restore $7B Power Line Permit

    Illinois utility regulators on Thursday urged the state's top court to reverse a lower court's decision striking a key permitting decision for part of the $7 billion Grain Belt Express high-voltage transmission line, saying the faulty ruling threatens the legislature's clean energy goals.

  • October 03, 2024

    Biden Admin's Latest Debt Relief Plan Blocked In Missouri

    A Missouri federal judge Thursday blocked the Biden administration's latest student debt relief proposal, finding that the six Republican-led states leading the challenge will likely show the plan is unlawful, just a day after a Georgia federal judge knocked the Peach State out and punted the case to St. Louis.

  • October 03, 2024

    UC Regents Sued Over Ban On Undocumented Student Jobs

    The University of California has the authority to hire undocumented students to fill campus jobs, but it's refusing to exercise that authority and thus discriminating against thousands of students enrolled at campuses across the state, according to a petition filed in California appellate court.

  • October 03, 2024

    SEC, Texas Crypto Co. Duel Over Pre-Enforcement Challenge

    In dueling briefs filed Thursday, both the U.S. Securities and Exchange Commission and a nascent cryptocurrency exchange asked a Texas federal judge to grant an early win, arguing over whether the exchange can preemptively sue the regulator for a determination that its planned business won't offend securities laws.

  • October 03, 2024

    'Charlatan' Colo. Clerk Gets 9 Years In Election Breach Case

    A Colorado state judge on Thursday called a former county clerk an attention-seeking "charlatan" before sentencing her to nine years behind bars for helping a man get unauthorized access to county voting equipment based on unfounded theories of a stolen 2020 election.

  • October 03, 2024

    Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal

    A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.

  • October 03, 2024

    Justices Urged To Ax Google's Ad Tech Subpoena

    A South Carolina agency has asked the U.S. Supreme Court to review its challenge of Google's document request in a case accusing the tech giant of monopolizing key digital advertising technology after the Fourth Circuit ruled the agency has to respond.

  • October 03, 2024

    DHS Vetting Not Enough To Curb Travel Risks, Watchdog Says

    Gaps in the federal immigration system's vetting policies are creating a risk that noncitizens who pose a public safety threat are being cleared for domestic air travel, the U.S. Department of Homeland Security's internal watchdog reported.

  • October 03, 2024

    11th Circ. Rejects Bid To Block Fla. Law Banning Trans Care

    The Eleventh Circuit said Thursday it would not reconsider a decision that allowed a Florida law that bans gender-affirming care for transgender minors and restricts it for adults to take effect.

  • October 03, 2024

    14 States Challenge FCC Over Prison Phone Rate Caps

    Fourteen states from Alabama to Virginia have sued the Federal Communications Commission in the Eighth Circuit over regulations it enacted this summer capping prison phone rates.

Expert Analysis

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

  • Crypto Regs Could See A Reset Under The Next President

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    Donald Trump has taken a permissive policy stance favoring crypto, while Kamala Harris has been silent on the issue, but no matter who wins the presidential election, we may see a more lenient regulatory climate toward the digital currency than from the Biden administration, says Liam Murphy at McKool Smith.

  • How DOJ May Change FARA Exemption In Forthcoming Rule

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    Any day now, the U.S. Department of Justice is expected to issue proposed revisions to the Foreign Agents Registration Act regulations, and signs suggest that it will likely narrow one of FARA's broadest exemptions, which may compound public confusion about the law's requirements, says Murad Hussain at Arnold & Porter.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Key Concerns To Confront In FDIC Brokered Deposit Proposal

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    Banks and fintech companies should note several fundamental issues with the Federal Deposit Insurance Corp.'s recent proposal to widen how it classifies brokered deposits, an attempt to limit prudential risk that could expose the industry and underbanked consumers who rely on bank-fintech apps to widespread unintended consequences, say attorneys at Gibson Dunn.

  • 3 Presidential Privilege Questions After Trump Ruling

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    The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • 4 Steps To Address New Sanctions Time Bar Extension

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    Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.

  • Implementing Proposed AML Rules May Take More Guidance

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    Two recent rules proposed by financial regulators would modernize requirements for programs aimed at countering money laundering and terrorist financing by centering more robust risk assessments, but financial institutions may need more specific guidance before they could confidently comply, say Meghann Donahue and Nikhil Gore at Covington.

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

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