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Public Policy
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July 05, 2024
SEC Issues Guidance On Confidential IPOs
The U.S. Securities and Exchange Commission's Corporation Finance Division has issued updated guidance explaining how companies can file confidential registration statements when preparing go-public transactions such as initial public offerings and blank check company mergers.
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July 05, 2024
Full 5th Circ. Urged To Revisit Fight Over CFPB Payday Rule
Payday lender trade groups have formally asked the Fifth Circuit to take another look at parts of their long-running challenge to a payday loan regulation issued by the Consumer Financial Protection Bureau, filing a petition that seeks to reopen the case after the U.S. Supreme Court overturned their prior win.
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July 05, 2024
Justices Told Revoked Visa Petition Is Reviewable
A woman whose visa petition for her Palestinian husband was revoked two years after being approved urged the U.S. Supreme Court to rule that courts can review secondary decisions, saying that lower courts' refusal to do so creates an irrational system in which only initial decisions can be reviewed.
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July 05, 2024
Mich. Atty Ethics Board Moves Trump Allies' Cases Forward
The Michigan Attorney Discipline Board has refused to dismiss misconduct claims against six attorneys for challenging the results of the 2020 election in the Great Lakes State and ordered their disciplinary proceedings to move forward.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Farmworkers Union Wins Partial Block Of DOL Wage Rules
A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.
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July 05, 2024
Georgia DAs Say Discipline Panel Already Harming Them
A legal challenge to Georgia's new prosecutor disciplinary panel should move forward now that the panel has been cleared to begin investigating prosecutors, a bipartisan group of district attorneys told a Georgia state court.
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July 05, 2024
Trump-Appointed Alaska Judge Abruptly Resigns
Judge Joshua Kindred of the District of Alaska informed President Joe Biden on Wednesday that he will be resigning Monday.
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July 05, 2024
Unilateral Climate Policies Threaten Trade, WTO Deputy Says
Touting a new trade agreement between Costa Rica, Iceland, New Zealand and Switzerland, a World Trade Organization deputy director-general said the multilateral system is at a crossroads where more countries must work together to address the link between trade and climate change or risk harming progress on both fronts.
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July 05, 2024
Monthly Merger Review Snapshot
A Federal Trade Commission loss became a win when a Fourth Circuit pause spurred Novant Health to walk away from its plans to purchase two North Carolina hospitals, Assa Abloy complained about the monitor observing its compliance with a U.S. Department of Justice merger clearance deal, and a Colorado judge preserved the state attorney general's challenge to Kroger-Albertsons.
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July 05, 2024
4 Benefits Policy Moves To Watch In 2024's 2nd Half
The U.S. Department of Labor and other agencies are expected to issue a final rule implementing a mental health parity-in-coverage statute, and DOL regulations expanding who qualifies as a fiduciary under federal benefits law are set to take effect in the fall. Here are four policy developments benefits attorneys are watching out for in the second half of 2024.
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July 05, 2024
3rd Circ. Preview: Ponzi Scheme, Merck Vaccine Heat Up July
The Third Circuit's July argument schedule is sizzling with several high-stakes cases, including two whistleblowers attempting to make drugmaker Merck answer for allegedly inducing the U.S. government to pay for substandard mumps vaccines.
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July 05, 2024
DOJ Says Ayahuasca Church Doesn't Deserve $2.2M Fees
The U.S. government is urging an Arizona federal judge to deny a Phoenix church's request for $2.2 million in fees and costs following a settlement allowing it to use ayahuasca in its religious practices, saying no fees are warranted for an unnecessary suit that would've reached the same resolution through normal processes.
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July 03, 2024
HHS Scores Early Win In Boehringer's Medicare Pricing Suit
A Connecticut federal judge on Wednesday sided with the U.S. Department of Health and Human Services in Boehringer Ingelheim's challenge to a new Medicare drug price negotiation program, rejecting the pharmaceutical company's claim that the program is unconstitutional.
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July 03, 2024
6 Things To Know About The Post-Chevron Finreg Impact
The U.S. Supreme Court's decision to overturn the Chevron deference last week may make it tougher for financial regulators to defend a range of rules and regulations pursued by the Biden administration, although experts anticipate the ruling will have an uneven impact across the financial services industry.
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July 03, 2024
Menendez's Focus On Ally's Case Was Legitimate, Jury Told
Sen. Robert Menendez rested his bribery defense Wednesday after a prominent criminal defense attorney testified that Menendez was not alone in finding a certain prosecution "abusive," rebutting the notion that the lawmaker's interest was part of a quid pro quo.
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July 03, 2024
Ex-Conn. Goodwill Exec Says Whistleblowing Ended His Job
The former top executive at Goodwill of Western and Northern Connecticut Inc. has launched a state court lawsuit alleging he was fired for complaining about the nonprofit's governance, questioning statements on its IRS filings and expressing doubts about a proposed merger.
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July 03, 2024
24 AGs Urge High Court To Preserve Ghost Gun Regs
A coalition of 24 attorneys general urged the U.S. Supreme Court to uphold a new federal regulation regarding the weapon parts kits consumers can purchase and use to build ghost guns — firearms without serial numbers — treating them the same way preassembled firearms are, saying the new rule is "crucial to preventing and solving violent, firearm-related offenses."
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July 03, 2024
Alaskan Tribe Says It Can't Get Access To Burial Site
The governing body of an Alaska Native Tribe is suing several state entities and the Federal Aviation Administration, claiming they are preventing the tribe from performing excavations of archaeological artifacts and ancestral remains found during construction of an airport runway.
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July 03, 2024
Chevron Irrelevant To Spouse Work Permit Case, Group Says
The U.S. Supreme Court's ruling that courts don't have to defer to federal agencies' interpretations of ambiguous statutes doesn't pertain to a lawsuit challenging an Obama-era program allowing work permits for spouses of highly skilled foreign workers, a nonprofit group intervening in the case told the D.C. Circuit.
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July 03, 2024
SEC Says Apparel Co.'s Preemptive Crypto Suit Is Unripe
The U.S. Securities and Exchange Commission told a Texas federal judge on Wednesday a crypto industry group and apparel company can't sue the regulator over its alleged "digital-asset policy" since the parties can't point to any rule or action to challenge.
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July 03, 2024
NYC Pensions Defeat Challenge To Fossil Fuel Divestments
A trio of New York City pension plans on Wednesday beat a lawsuit claiming they'd damaged public employees' retirement funds by removing $3.9 billion from investments in fossil fuels, with a New York state judge ruling the workers hadn't shown they'd been harmed by the divestments.
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July 03, 2024
Vietnam Wood Circumvention Duties Are Sound, Feds Say
The U.S. Department of Commerce urged the U.S. Court of International Trade to uphold its circumvention duties on Vietnamese plywood found to contain materials from China, saying that importers and producers failed to provide timely evidence disproving the allegations, despite having ample opportunity.
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July 03, 2024
Rochester Says Chevron Ruling May Impact Telecom Fee Deal
The city of Rochester is clashing with Verizon Wireless, Crown Castle and Extenet in New York federal court over the impact of the U.S. Supreme Court's recent ruling overturning the Chevron deference amid litigation over how much the city can charge telecoms to do business.
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July 03, 2024
Red States Get ACA Trans Discrimination Rule Blocked
Federal judges in Mississippi and Texas granted conservatives states' requests Wednesday to freeze a new rule protecting access to healthcare for the LGBTQ+ community, with both judges ruling that states are likely to succeed in showing that the U.S. Department of Health and Human Services overstepped when it created the regulations.
Expert Analysis
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Takeaways From New HHS Substance Use Disorder Info Rules
A new U.S. Department of Health and Human Services rule continues the agency's efforts to harmonize complex rules surrounding confidentiality provisions for substance use disorder patient records, though healthcare providers will need to remain mindful of different potentially applicable requirements and changes that their compliance structures may require, say attorneys at Ropes & Gray.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.