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Public Policy
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September 04, 2024
2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.
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September 04, 2024
2nd Circ. Says Free E-Book Library Not Fair Use
The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.
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September 04, 2024
A Federal Judge On Being Married To A Congresswoman
There's a lot of talk about "power couples" in Washington, D.C., but they are not exclusive to the nation's capital.
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September 04, 2024
Mass. Tax Panel OKs Nix Of Value Cut On Renovated Housing
The owner of a Massachusetts apartment building that contains a commercial space was unable to have the property's valuation reduced because its evidence of comparable sales didn't account for differences in the properties, the state Appellate Tax Board affirmed.
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September 04, 2024
Election Year Surprise? GOP Judges Opening Seats For Biden
Well ahead of fall elections that could flip the White House and U.S. Senate to Republicans, many GOP-appointed judges are retiring and giving Democrats opportunities to fill key seats before Republicans can capitalize on any wins at the polls, and several of the judges discussed the political backdrop with Law360.
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September 04, 2024
Ex-Mass. Pol 'A Little Sloppy' But Not Criminal, Jurors Told
Former Massachusetts state senator Dean A. Tran denied charges Wednesday that he stole pandemic unemployment assistance and cheated on his taxes, with his attorney telling a jury that the lawmaker simply made a series of paperwork "mistakes."
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September 04, 2024
Ga. Justices Affirm Class Cert. Denial In Patient Privacy Suit
The Georgia Supreme Court said a Fulton County trial court acted within its discretion when it denied class certification for a suit over a release of patient records from a private mental health hospital, overturning a Georgia Court of Appeals ruling.
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September 04, 2024
EPA Coke Ovens Rule Challenged By Green Groups, Industry
Green groups and a coke-making business have kicked off challenges to the U.S. Environmental Protection Agency's rule strengthening emission standards for hazardous air pollutants like benzene, mercury, lead and arsenic that are emitted by coke oven facilities.
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September 04, 2024
Cos. Tell High Court Biden Can't Hike Contractors' Min. Wage
The Tenth Circuit pushed the borders of the Procurement Act too much when it blessed President Joe Biden's decision to increase federal contractors' hourly minimum wage, two outdoor groups told the U.S. Supreme Court, arguing that the law doesn't authorize wage increases.
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September 03, 2024
Louisiana Frees Aurobindo, Sandoz From Price-Fixing Suits
The state of Louisiana has dropped its remaining claims in three Connecticut-based lawsuits by a collection of state attorneys general against more than three dozen pharmaceutical companies alleging a generic drug price-fixing scheme, truncating assertions that accuse myriad drugmakers of Sherman Act violations.
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September 03, 2024
Feds Abandon $12M Somali Fraud Case Against Atty
The U.S. government has dropped its Maryland federal court case against a lawyer who was set for trial this year on charges of misappropriating over $12 million in Somali state assets, citing "pre-trial evidentiary rulings."
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September 03, 2024
11th Circ. Won't Revive Fla. School's Loudspeaker Prayer Suit
The Eleventh Circuit on Tuesday affirmed a decision in favor of the Florida High School Athletic Association and its decision denying the use of a loudspeaker for prayer before sporting events, ruling that it could be regulated because it was government speech.
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September 03, 2024
5th Circ. Hesitant To Call Tornado Cash 'Entity'
A Fifth Circuit panel prodded the U.S. Department of the Treasury's argument that Tornado Cash counts as a corporation-like organization, telling the agency that its reasoning for calling the sanctioned crypto mixer an entity was "slippery" during oral arguments Tuesday.
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September 03, 2024
Feds Ask Sixth Circ. To Uphold Highway GHG Rule
The federal government called on the Sixth Circuit to overturn a district court ruling finding the Federal Highway Administration overstepped its authority by directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects, arguing the rule aligns with Congress' instructions.
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September 03, 2024
FCC Moves Ahead On Indie Video Competition, Congress Told
The Federal Communications Commission could soon advance new rules that would make it easier for independent video programmers to gain a foothold in the market, the FCC's chief has told a key Democratic senator on communications policy.
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September 03, 2024
Utah Tribe Seeks Quick Win In Farm Water Diversion Fight
The Ute Indian Tribe is seeking a quick win in its challenge to a Utah farm that it claims diverted protected water to use for its cattle, arguing that in addition to a lack of jurisdiction, it's undisputed that the defendant willingly interfered with the tribe's property.
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September 03, 2024
3rd Circ. Preview: Starbucks Firing, Liquor Law In September
Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.
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September 03, 2024
Union-Backed 'Captive Audience' Bill Heads To Calif. Governor
The California Senate voted in favor of a union-backed bill that would bar employers from requiring employees to attend meetings related to religious or political matters — including company-organized meetings used to discourage union-formation — sending the so-called captive audience bill to the governor's desk.
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September 03, 2024
Justices Deny Oklahoma's Bid To Block HHS Funding Cut
The U.S. Supreme Court on Tuesday denied Oklahoma's request to stop the U.S. Department of Health and Human Services from cutting funding over the state's refusal to refer family planning patients for abortion after the high court's Dobbs decision last year.
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September 03, 2024
Calif. Backs EPA's High Court Fight To Keep SF Water Limits
The U.S. Environmental Protection Agency's water quality standards for San Francisco are legal and should be upheld in the face of a challenge from the city, California and various green groups told the U.S. Supreme Court on Tuesday.
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September 03, 2024
Colo. Justices To Parse Public Interest Under Anti-SLAPP Law
Colorado's high court will consider whether the state's anti-SLAPP law requires a person to actually contribute to public discourse in order for their speech to be covered by the statute, and whether their motive matters, in a case concerning negative online posts about a veterinary clinic.
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September 03, 2024
NAACP, Others Fight Ga.'s Bid To Undo Election Law Block
The Georgia branch of the NAACP and a host of other groups are asking the Eleventh Circuit to affirm and expand a preliminary injunction blocking parts of a controversial Peach State election law as state officials are pushing to have the injunction overturned.
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September 03, 2024
NC Suit Over Blackbeard Ship Survives Another Attack
North Carolina's cultural resources agency isn't responsible for enforcing the terms for third-party usage of an image and video of Blackbeard's shipwreck, the state's Business Court ruled Friday in paring damages claims by the organization that discovered the pirate's wreckage.
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September 03, 2024
FCC Urged To Trim Rule Proposal For Blocking Spam Texts
Wireless carriers want the Federal Communications Commission to scale back a proposed rule for blocking spam texts to ensure legitimate messages can still go through despite tighter standards.
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September 03, 2024
UAW Loses Bid To Include Casinos In NJ Smoking Ban
A New Jersey state court judge on Friday tossed the United Auto Workers' complaint claiming a law excluding casino workers from secondhand smoking protections violates the state constitution, reasoning that the law doesn't inhibit the employees' right to pursue safety.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Opinion
CFPB's AI Stance Backslides On Innovation Issues
The Consumer Financial Protection Bureau's recent response to a Treasury Department's request for information about artificial intelligence in the financial services sector uses alarmist rhetoric about the technology's risks, ceding an opportunity to help shape this important discussion, says Mike Silver at Husch Blackwell.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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Assessing Whether Jarkesy May Limit FINRA Prosecutions
The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Examining Patent Subject Matter Eligibility Of AI Inventions
In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.