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Public Policy
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October 08, 2024
House Oversight Chair Targets Khan's 'Political Activities'
House Oversight Committee Chairman James Comer, R-Ky., put Federal Trade Commission Chair Lina M. Khan on blast Tuesday for participating in official events held by Democratic lawmakers running for reelection or higher office, castigating the leader of the FTC's Democratic majority for "partisan political activities."
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October 08, 2024
New Testimony Can't Revive Seattle Police Pursuit Crash Suit
A Washington state appeals court won't upend a verdict clearing the city of Seattle from liability in a suit by a woman injured in a car accident after the man driving her vehicle fled the police, finding that testimony taken after one of the officers involved died by suicide would not have altered the case's outcome.
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October 08, 2024
Mich. Judge Won't Halt EV Battery-Plant Build During Appeal
A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.
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October 08, 2024
Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit
AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy encompasses greenhouse gas emissions.
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October 08, 2024
Broadband Study No Longer Justifies New Rules, Group Says
The end of Chevron deference to agencies means the Federal Communications Commission can no longer use an annual report on the state of broadband deployment to claim new regulatory powers, a free-market group has argued.
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October 08, 2024
IRS Appeals Office's Easement Deals May Sap Independence
The IRS Independent Office of Appeals plans to settle certain conservation easement cases with similar terms offered by other IRS divisions, but these upcoming offers might be challenging for taxpayers to navigate and could undermine the office's independence from the rest of the agency.
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October 08, 2024
Neb. Officials Cast Doubt On Medical Pot Legalization Effort
Nebraska state officials are alleging that signatures gathered by activists trying to put medical marijuana legalization on the ballot may be invalid because of purported irregularities and have asked a state judge to determine whether to void the legalization effort.
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October 08, 2024
Avian Orgs Say FWS Unlawfully Tossed Bid To Import Parrots
Two exotic bird nonprofits told the Eleventh Circuit Tuesday that they should have the chance to make their case for importing two parrot species to the U.S. Fish and Wildlife Service, which the nonprofits say unlawfully refused to even consider the petitions.
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October 08, 2024
1st Circ. Warned Not To 'Speculate' In Union Debt Ceiling Suit
A lawyer for a governmental workers' union challenging the constitutionality of the federal debt limit told a First Circuit panel on Tuesday that a January default is a virtual certainty under existing law, and urged the judges to avoid trying to predict whether President Joe Biden and a lame-duck Congress might extend the ceiling.
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October 08, 2024
Texas Tribune Can Attend Bail Hearings, 5th Circ. Told
A Fifth Circuit panel pushed back on a Texas county's argument that the Texas Tribune and other news organizations do not have the right to enter magistration proceedings, asking why the process of setting bail would count as an informal procedure during oral arguments Tuesday.
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October 08, 2024
Freelancers' Challenge To DOL's Contractor Rule Can't Stand
Four freelance writers and editors failed to show how they are being hurt by the U.S. Department of Labor's final rule determining whether workers are independent contractors under federal law, a Georgia federal judge ruled, tossing their suit challenging the rule.
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October 08, 2024
Colo. Supreme Court Punts On Transgender Cake Case
The Colorado Supreme Court said Tuesday it couldn't consider the merits of a discrimination case alleging a bakery refused to make a cake to celebrate a customer's gender transition, finding a trial court didn't have jurisdiction to hear the case in the first place.
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October 08, 2024
DC Judge Won't Rethink Striking Down USDA Wetland Rule
A Washington, D.C., federal judge on Tuesday refused to reconsider her decision to vacate a U.S. Department of Agriculture rule designed to stop the development of wetlands on farmland and struck down those regulations.
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October 08, 2024
Industry, Utilities Take Aim At EPA's Drinking Water PFAS Rule
Water utility associations and chemical industry players asked the D.C. Circuit to strike down the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water.
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October 08, 2024
Fla. Riot Law Targets Only Violent Protesters, 11th Circ. Says
The Eleventh Circuit reversed a lower court's preliminary injunction putting a halt to a recent Florida riot law put in place in the wake of the George Floyd protests, saying the law only targets violent agitators after the state's high court clarified that it doesn't apply to peaceful demonstrations.
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October 08, 2024
Hemp Cos. Say 'Protectionist' NJ Law Violates Farm Bill
A group of hemp makers and distributors is urging a New Jersey federal court to grant them a win in their challenge to the state's soon-to-be-enacted restrictions on hemp products, saying the restrictions violate the 2018 Farm Bill and favor Garden State companies over out-of-state ones.
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October 08, 2024
Mass. Seeks Order Forcing Steward To Maintain Coverage
Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.
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October 08, 2024
3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits
The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.
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October 08, 2024
SEC Approves Nasdaq Plan To Accelerate Delistings
The U.S. Securities and Exchange Commission has approved a Nasdaq rule change that would enable the stock exchange to accelerate removals of struggling companies that try to delay delistings through the use of reverse stock splits.
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October 08, 2024
3rd Circ. Preview: Constitutional Rights Fears Top October
Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun.
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October 08, 2024
Crypto.com Sues SEC Over 'Unlawful' Crypto Approach
Crypto.com became the latest crypto exchange to push back on a potential enforcement case from the U.S. Securities and Exchange Commission on Tuesday when it sued the regulator after allegedly receiving a notice that the agency believes it operates as an unregistered broker-dealer and clearing agency.
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October 08, 2024
Airlines Say Chicago Sick Leave Law Would Impact Business
An organization representing the largest U.S. airlines urged an Illinois federal court to keep afloat its challenge to Chicago's new paid sick leave law, saying its claims that the statute would impact flight prices and routes are fact-intensive and should proceed to discovery.
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October 08, 2024
Justices Divided Over 'Prevailing Party' Status For Atty Fees
The U.S. Supreme Court appeared noncommital on Tuesday while grappling with what constitutes a "prevailing party" for the purpose of awarding attorney fees in civil rights lawsuits, a question that has broad implications for both government agencies and legal advocacy groups.
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October 08, 2024
Judge Security Data Reflects Policy Shifts As Much As Threats
Former employees of the U.S. Marshals Service say that while judicial security has never been more urgent, finding trends is nearly impossible: The way threats against federal judges are tracked has varied so much from year to year, the data is essentially meaningless.
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October 08, 2024
Mass. High Court Won't Loosen Bail Rules In Rape Cases
Massachusetts' highest court ruled Tuesday that a provision in state law allowing judges to deny bail to defendants charged with crimes involving physical force applies to rape cases, rejecting an argument on behalf of an accused serial rapist seeking release from custody.
Expert Analysis
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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What's In The Cards For CFTC's Election Betting Case
A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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FDIC's Cautious Approach To Industrial Banks, Reaffirmed
Although the Federal Deposit Insurance Corp. recently approved an industrial loan company's deposit insurance application and proposed new rules regarding parent companies, these developments do not represent a liberalization or modernization of the FDIC's regulatory framework, say Max Bonici and Andrew Bigart at Venable.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Ruling On Foreign Dividend Break Offers 2 Tax Court Insights
In Varian v. Commissioner, the U.S. Tax Court allowed a taxpayer's deduction for dividends from foreign subsidiaries, providing clarity on how the U.S. Supreme Court’s Loper Bright decision may affect challenges to Treasury regulations, and revealing a potential disallowance of foreign tax credits, say attorneys at Davis Polk.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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USPTO Guidance Suggests 2 Strategies For AI Inventions
Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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4 Takeaways From The FDIC's Proposed Recordkeeping Rule
The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.