Public Policy

  • July 23, 2024

    India Eyes End Of Digital Tax For E-Commerce, But Not Ads

    Foreign e-commerce companies would be exempted from India's equalization levy, a 2% digital tax, but online advertisers would continue to pay a 6% rate on gross revenues sourced to Indian customers under a budget bill presented Tuesday by the government.

  • July 23, 2024

    On Capitol Hill, PBM Execs Deny Role In High Drug Costs

    Executives from the nation's three largest pharmacy benefit managers told members of a U.S. House committee on Tuesday that they lower drug costs while pointing the finger at pharmaceutical manufacturers.

  • July 23, 2024

    NY Judge OKs Public Disclosure In Atty Misconduct Cases

    A New York federal judge ruled Monday that the First Amendment does allow those who filed grievances against attorneys to access disciplinary hearings before the Appellate Division's Second Judicial Department, records related to those hearings and some of the grievance committee's final dispositions.

  • July 23, 2024

    Stay Of Power Plant Mercury Rule Unwarranted, EPA Says

    The U.S. Environmental Protection Agency, joined by states, cities and public health and environmental groups, is urging the D.C. Circuit not to block a new rule tightening standards for mercury and other toxic metal emissions from some coal-fired power plants.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Ariz. Court OKs Hospital District Tax For Legal Costs

    A property tax levied to fund an Arizona hospital district's expenses including legal fees was properly authorized and did not require approval by voters, the Arizona Tax Court said, rejecting a suit by a local taxpayer.

  • July 23, 2024

    NJ Gov. Gets Partial Win In Ex-Elections Chief's Suit

    A New Jersey state judge has handed Gov. Phil Murphy a partial win over claims from the state's former elections chief alleging that his civil rights were violated, dismissing a claim that former official had a legal right to his job.

  • July 23, 2024

    FCC Urged To Protect Public Safety In 5.9 GHz Band

    A public interest group urged the Federal Communications Commission to keep public safety as the top priority for licensees of the 5.9 gigahertz airwaves as the FCC considers rules to allow advanced car connectivity uses in the band.

  • July 23, 2024

    EPA Says High Court's Chevron Ruling Doesn't Doom Air Rule

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit that a U.S. Supreme Court decision eliminating judges' obligation to defer to federal agencies in rulemaking litigation does not impact its decision to reject states' ozone air pollution plans.

  • July 23, 2024

    Feds Say Student Must Fight Sanctions In Treasury, Not Court

    The White House told a D.C. federal court that an international student can't sue over being blacklisted based on her father's business dealings in Myanmar, as she hadn't yet challenged the sanctions through an agency appeals system.

  • July 23, 2024

    Convicted Sen. Menendez Of NJ Resigning Aug. 20

    U.S. Sen. Bob Menendez has decided to resign as the U.S. Senate Ethics Committee was moving swiftly to consider whether he should be expelled or censured after his conviction last week on 16 corruption charges.

  • July 23, 2024

    Mass. Pig Farming Law Survives Pork Industry Challenge

    A Massachusetts federal judge on Tuesday shot down a suit from out-of-state hog farmers and food producers challenging a state law that bans the sale of pork from pigs that are kept in tightly confined spaces, saying nothing in the law conflicts with federal statutes.

  • July 23, 2024

    Wyoming Hemp Regulations Not Preempted By 2018 Farm Bill

    A Wyoming federal judge won't block enforcement of a newly enacted law regulating hemp-derived intoxicating products, saying the 2018 Farm Bill that legalized hemp products doesn't preempt the regulation.

  • July 23, 2024

    Northern District Of NY Judge To Take Senior Status

    U.S. District Judge Glenn Suddaby of the Northern District of New York will take senior status as of Sept. 1.

  • July 23, 2024

    Chemours Loses 3rd Circ. Fight Over EPA Water Advisories

    In a precedential ruling Tuesday, the Third Circuit shot down Chemours Co.'s challenge to the U.S. Environmental Protection Agency's health advisories over chemicals in drinking water, finding that the advisories couldn't be reviewed by a court.

  • July 23, 2024

    Secret Service Chief Out Amid Trump Rally Shooting Probes

    U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.

  • July 23, 2024

    Chase, McKinsey Get FTC Inquiry Over 'Surveillance Pricing'

    The Federal Trade Commission has issued orders to eight companies — including Mastercard, Chase, Accenture and McKinsey & Co. — seeking more information about the potential impact their practices of "surveillance pricing" products and services have on privacy, competition and consumer protection, the FTC said Tuesday.

  • July 22, 2024

    AbbVie Challenges Mo. Drug Discount Program Requirements

    AbbVie Inc. on Monday asked a Missouri federal court to block a state law that adds requirements to participate in the federal drug discount program, claiming that the measure violates both the federal and Missouri constitutions.

  • July 22, 2024

    Conn. PFAS Judge Needs More Info Before Deciding Toss Bid

    A water utility and a proposed class of water customers agreed to submit additional briefs to a Connecticut state court judge tasked with determining whether those who claim to have experienced "subclinical cellular changes" after drinking water that allegedly contains "forever chemicals" have alleged an injury sufficient for judicial review.

  • July 22, 2024

    Verizon's TracFone Hit With $16M FCC Data Breach Penalty

    Verizon's prepaid service subsidiary TracFone Wireless has agreed to shell out a $16 million civil penalty to resolve Federal Communications Commission probes into whether it failed to protect customer information during three data breaches, the agency announced Monday.

  • July 22, 2024

    EPA Awards $4.3B In Grants For Climate Change Projects

    The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.

  • July 22, 2024

    FCC, Industry Debate If Brand X Case Set Broadband In Stone

    Industry groups are pushing their case to the Sixth Circuit that the Federal Communications Commission's net neutrality rules should be tossed because the demise of the Chevron doctrine trimmed agency's legal authority, but the FCC argues that the recent paring back of federal regulators' discretion means nothing for the agency's restrictions on broadband providers.

  • July 22, 2024

    House Dems Urge Tai To End Investor-State Dispute Deals

    House Democrats are urging the U.S. Trade Representative to nix a mechanism allowing foreign investors to challenge government policies outside Western Hemisphere countries' judicial systems, saying corporations have used it as "ransom" to gain more industry-friendly results.

  • July 22, 2024

    Equifax Bracing For CFPB On Dispute-Handling, Coding Glitch

    Equifax said Monday that the Consumer Financial Protection Bureau plans to pursue fines over the credit reporting giant's handling of consumer disputes and a separate, short-lived "coding issue" that affected some credit score calculations in 2022.

  • July 22, 2024

    Trade Court Nixes Steel Duty Case Filed Years Too Late

    The U.S. Court of International Trade dismissed an importer's efforts to escape a duty on Turkish steel, saying Monday it should have sued once the duty was greenlighted, even if the legal grounds to do so weren't yet available.

Expert Analysis

  • Fla. HOA Reforms Bring Major Wins For Homeowners

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    A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.

  • How Congress Is Tackling The US Healthcare Shortage

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    With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.

  • How Justices' Chevron Ruling May Influence Wind Projects

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    Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.

  • Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI

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    Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.

  • 6 Tips For Maximizing After-Tax Returns In Private M&A Deals

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    With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.

  • Opinion

    Why The Patent Eligibility Restoration Act Can Spur Progress

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    Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.

  • Lower Courts May Finally Be Getting The Memo After Ciminelli

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    A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Protecting Trade Secrets In US, EU Gov't Agency Submissions

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    Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.

  • Big Banks Face Potential Broader Recovery Plan Rules

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    The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

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