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Public Policy
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August 05, 2024
9th Circ. Denies Rehearing Bid In ESA Fish Protection Suit
The Ninth Circuit denied conservation groups' request to rehear a ruling affirming the federal government's approval of water supply contracts for the Central Valley Project in California.
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August 02, 2024
5th Circ. Upholds Challenge To Surprise Medical Billing Rule
The Fifth Circuit on Friday affirmed wins for plaintiffs challenging provisions of a federal surprise medical billing rule that relate to payment fights between out-of-network providers and health insurers, agreeing with a Texas federal judge that the rule places "a thumb on the scale" in insurers' favor.
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August 02, 2024
CFPB Takes Fintech Flak Over Credit Card-Like BNPL Policy
The Consumer Financial Protection Bureau is facing fresh industry pushback to its guidance that aims to extend more credit card-like protections to the fintech-dominated market for buy-now, pay-later loans, with key providers arguing it is trying to squeeze a square peg into a round hole.
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August 02, 2024
Fla.'s Trans Healthcare Ban Violates Title VII, Judge Says
A Florida federal judge has ruled the state's Department of Management Services illegally excluded gender-affirming treatment for transgender employees under state-sponsored health benefits plans, finding the state's exclusion only applies to trans individuals and is facially discriminatory under Title VII of the Civil Rights Act.
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August 02, 2024
Uber Legal Chief Takes Leave To Aid Kamala Harris' Campaign
Uber Technologies' Tony West, who has served as its chief legal officer since 2017, will take a leave of absence to volunteer for his sister-in-law Vice President Kamala Harris' presidential campaign, a representative of the ride-share company confirmed Friday.
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August 02, 2024
Connecticut City Gets Ex-Cop's Arbitration Win Vacated
In a legally rare decision, a Connecticut state judge vacated an arbitration panel's determination that forced a city to reinstate a fired police lieutenant, ruling the arbiters were wrong to ignore an earlier court order banning the lieutenant from coming within 100 yards of the city's police chief.
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August 02, 2024
BigLaw Insurer Calls FirstEnergy Ruling Threat To Privilege
The Attorneys' Liability Assurance Society and the U.S. Chamber of Commerce threw their support Friday behind FirstEnergy's call for the Sixth Circuit to block investors' access to internal investigative documents produced by two BigLaw firms after a $1 billion bribery scandal became public.
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August 02, 2024
OT Rule Exceeds DOL's Authority, Red States Argue
A group of 14 red states joined Texas in calling for a federal court to strike down the U.S. Department of Labor's rule raising salary thresholds for a federal overtime exemption, claiming in a brief that the new rule would hit their states particularly hard.
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August 02, 2024
Dems Launch Bill To Expand Zelle, Venmo Fraud Protections
U.S. Senate and House Democrats on Friday proposed revisions to the Electronic Fund Transfer Act aimed at bolstering protections for consumers who fall victim to scams perpetrated by means such as mobile wallets, payment apps and wire transfers.
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August 02, 2024
Unnamed Auditor Suing PCAOB Ordered To Disclose Identity
A Washington, D.C., federal judge has ordered an anonymous auditor to disclose their identity in their constitutional challenge attacking the Public Company Accounting Oversight Board amid their disciplinary proceedings, ruling Friday disclosure won't reveal any sensitive information and won't have a chilling effect deterring future litigants from suing the board.
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August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
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August 02, 2024
5th Circ. Remands FDA's E-Cigarette Product Denials
The Fifth Circuit has once again said that the U.S. Food and Drug Administration acted unlawfully when the agency denied a number of requests from e-cigarette manufacturers seeking permission to sell their flavored vapes.
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August 02, 2024
Iowa, ND Move For Win In NEPA Rule Fight
States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.
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August 02, 2024
Supporters Of TikTok Ban Make Case To DC Circ.
Federal lawmakers, state governments, former U.S. national security officials, human rights nonprofits and antimonopoly advocates all urged the D.C. Circuit to uphold Congress' TikTok sale-or-ban law Friday, the final day for amici briefs to be filed in the Chinese company's challenge.
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August 02, 2024
British Air Parent Drops Air Europa Deal Due To EU Scrutiny
British Airways' parent company has abandoned its €400 million ($436 million) plan to buy the rest of Air Europa from Spanish tourism company Globalia amid pushback from European competition authorities, telling investors that the merger was "no longer probable."
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August 02, 2024
5th Circ. Tosses 1988 Case In Galveston Voting Rights Ruling
Multiple minority groups cannot "combine forces" to bring vote dilution claims under a portion of the Voting Rights Act that prohibits race discrimination, the Fifth Circuit said, overruling a decades-old case in a blockbuster decision regarding Galveston County's voting districts.
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August 02, 2024
US Cannabis Policy Thwarts Research, Health Officials Say
A recent report from federal health regulators confirms what cannabis reform advocates have long said, that placing marijuana in the most restrictive tier under the federal Controlled Substances Act has hindered researchers' ability to study the drug's potential benefits and risks.
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August 02, 2024
Ill. Gov. Pritzker Signs BIPA Reform Into Law
Illinois Gov. J.B. Pritzker signed biometric privacy reform legislation into law on Friday, significantly reducing companies' potential liability for collecting or sharing individuals' fingerprint and other biometric data without informed consent.
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August 02, 2024
Panel Says Co. Forfeited $12.7M Claim Over Rail Project
A Colorado Court of Appeals panel has found that a construction company overstated how much it was owed from a public project to build a new Denver rail line and can't seek any remedy for that $12.7 million claim, according to an opinion that applied provisions of a public works law for the first time.
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August 02, 2024
Public Interest Groups Back ISP Bulk Billing Opt-Out
More than 30 public interest groups urged the Federal Communications Commission to allow consumers in multitenant environments to "escape" bulk billing for broadband service but quickly saw pushback from an industry group that calls the arrangements beneficial.
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August 02, 2024
DOJ, LA County Settle Disabled Voter Discrimination Suit
The County of Los Angeles has settled the federal government's suit alleging it discriminated against people with disabilities who were trying to vote during recent elections and has agreed to work with an accessibility expert for three years to ensure its voting centers are accessible or can be made accessible.
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August 02, 2024
Wells Fargo's AML, Sanctions Programs Facing Investigation
Wells Fargo & Co. has said it is facing scrutiny from "government authorities" over issues with its anti-money laundering and sanctions compliance programs, further noting it is in talks with the U.S. Securities and Exchange Commission to settle an investigation into its investment account cash sweep offerings.
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August 02, 2024
Nonprofit Presses 5th Circ. To Keep 'Life-Saving' Parole Policy
A Massachusetts community group called on the Fifth Circuit Friday to maintain an embattled immigration program allowing Haitian nationals to be paroled into the U.S., arguing the policy's critics haven't shown the program harms them.
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August 02, 2024
Ex-Dropbox Exec Says JPMorgan Can't Block Arbitration
A billionaire co-founder of the file sharing platform Dropbox has asked a California federal court to declare that he can take a JPMorgan wealth management unit to arbitration for more than $225 million in damages he says he suffered at the hands of an investment adviser who previously worked for units of First Republic Bank that JPMorgan acquired last year.
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August 02, 2024
Shuttered Paper Mill Says NC Can't Claw Back $12M Incentive
Food and beverage packaging company Pactiv Evergreen has said it shouldn't have to repay the state of North Carolina $12 million in economic incentives after it shut down a local mill, arguing the underlying agreement is contradictory and the state is purely out for punishment.
Expert Analysis
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A Refresher On Calculating Political Advertising Costs
With election season well underway, it is important for broadcasters, political candidates, time buyers and others concerned with how the cost of broadcast political advertising is determined to know what the Federal Communications Commission factors into lowest unit calculations, and how the commission has defined "commercial advertisers," says Gregg Skall at Telecommunications Law Professionals.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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Series
After Chevron: Impact On CFPB May Be Limited
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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Opinion
Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.