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Public Policy
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September 27, 2024
Constitution Permits Blocked Anti-Laundering Law, Panel Told
The U.S. government urged the Eleventh Circuit on Friday to reinstate the Corporate Transparency Act passed in 2021, arguing that the anti-money laundering law is within Congress' powers to regulate economic activity and necessary to have businesses report beneficial ownership to combat crimes like tax evasion and terrorist financing.
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September 27, 2024
States Tell Justices They Belong In Asylum Settlement Talks
Five Republican-led states pressed the U.S. Supreme Court to let them participate in the Biden administration's settlement discussions with immigration groups challenging asylum restrictions, arguing their input is necessary to prevent the administration from ceding the policy at the table.
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September 27, 2024
NJ Town Urges Court To Keep $1B DuPont Pollution Suit Alive
Carneys Point Township urged a New Jersey state judge Friday to keep alive its billion dollar lawsuit over pollution from the former Dupont Chambers Works facility, arguing its complaint and the Garden State environmental regulator's enforcement action seeking the remediation of the same site have nothing to do with each other.
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September 27, 2024
Washington Judge Refuses To Halt State Assault Weapon Ban
A Washington federal judge has declined to pause enforcement of an Evergreen State ban on the sale of assault weapons, ruling the Olympian shooter and gun sellers challenging the law had failed to show such weapons are commonly used for self-defense and thus protected by the Second Amendment.
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September 27, 2024
Feds Subpoena NYC Mayor's Top Aide, DA Seizes Phone
A senior aide and confidante of New York City Mayor Eric Adams had her phone and records seized by state prosecutors and was separately subpoenaed by federal agents on Friday, the same day Adams was arraigned on federal corruption charges.
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September 27, 2024
RealPage Wants DOJ Antitrust Case Moved To Tennessee
RealPage has asked a North Carolina federal court to transfer the government's antitrust case against it to Tennessee, where private litigation has been playing out over claims the software company helps residential landlords fix rental prices.
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September 27, 2024
Sen. Says Contractors Trying To Block DOD 'Right-To-Repair'
Sen. Elizabeth Warren, D-Mass., has chided defense contractors for seeking to "sabotage" efforts to require them to cough up parts and data allowing the U.S. Department of Defense to repair its own equipment, while urging the DOD to take action on related restrictions.
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September 27, 2024
Hemp Org., Cheech & Chong Take Aim At New Calif. THC Ban
A leading hemp industry trade organization has teamed up with the cannabis brand fronted by stoner comedians Cheech and Chong to challenge new emergency regulations in California that ban the sale of hemp products containing the psychoactive cannabinoid THC.
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September 27, 2024
Group Says GOP Out 'To Sow Chaos' With NC Voter ID Appeal
The Democratic National Committee and others urged a North Carolina state appeals court to reject the Republican National Committee's effort to block student and faculty IDs from the University of North Carolina from being accepted as valid voter IDs, arguing the RNC is trying to undermine the presidential election.
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September 27, 2024
Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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September 27, 2024
Energy Cases To Watch In This US Supreme Court Term
The new U.S. Supreme Court term could be just as action-packed as the previous term was for the energy industry, as the justices will weigh in on how federal agencies conduct environmental reviews and field petitions over climate change policies and lawsuits. Here's a list of energy-related cases to watch this term.
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September 27, 2024
A Jury Found Them Not Guilty. They're Still Serving Life
Despite a federal jury acquitting Terence Richardson and Ferrone Claiborne for the murder of a Virginia police officer nearly 25 years ago, the two men remain in prison for the crime. But with new evidence and a new lawyer, they're hoping to reverse the fraught, state-level guilty pleas that a federal judge later relied on to sentence them both to life behind bars.
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September 27, 2024
4th Circ. Judge Startled By 'Really Odd' $9M Wage Suit Win
A Fourth Circuit panel on Friday grappled with the degree of control nurses have over their work and if they automatically become employees by signing a noncompete, as it considered a medical staffing company's bid to overturn a $9 million misclassification suit judgment following a bench trial.
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September 27, 2024
FCC Chief Says Chevron's Fall Won't Slow Needed Regs
Upcoming Federal Communications Commission rules are likely to survive judicial scrutiny even after the Chevron doctrine's demise because the policies are grounded on not only legal analysis but in-depth economic and engineering studies, the agency's chief said Friday.
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September 27, 2024
IRS Plans Transition Rules In Basis-Shifting Regs, Atty Says
The IRS plans to include transition rules in forthcoming proposed regulations that aim to clamp down on abusive tax avoidance practices through complex partnership transactions known as basis shifting, an agency attorney said Friday.
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September 27, 2024
Miami Approves $12.5M Deal To End Little Havana Bar's Suit
The city of Miami has agreed to pay $12.5 million to settle claims from the owners of several popular Little Havana businesses who alleged city officials repeatedly harassed them and deliberately crafted ordinances to destroy their business rights.
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
Ex-Mass. State Sen. Says Conviction By All-White Jury Unfair
A former Massachusetts state senator has said his conviction on pandemic unemployment aid and tax fraud charges should be thrown out in part because the jury was all white.
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September 27, 2024
Connecticut City Denies HR Chief Had Viable Work Contract
A Connecticut federal judge should toss a lawsuit against the city of Derby in which the municipal human resources director alleges that her pay was inexplicably cut because the plaintiff has not shown that she had a valid employment contract in the first place, the city has argued.
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September 27, 2024
NY's Midtown Bus Terminal Clears Enviro Review Hurdle
The Port Authority of New York and New Jersey and the Federal Transit Administration said on Friday that the agencies have signed the final environmental impact statement for the replacement of Manhattan's Port Authority Bus Terminal, bringing the $10 billion proposed project closer to becoming reality.
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September 27, 2024
EPA Will Review Wood Stove Emissions Rules To Settle Lawsuit
The U.S. Environmental Protection Agency agreed to revisit its emissions standards for residential wood-burning stoves, resolving 10 states' D.C. federal court lawsuit accusing it of slacking on its obligation to do so.
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September 27, 2024
FCC's Latest Subsidy Fees Disputed Again In 5th Circ.
A free-market litigation group has filed another challenge in the Fifth Circuit to the Federal Communications Commission's quarterly calculation of fees to support an array of telecom subsidy programs.
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September 27, 2024
Disbarred Ex-DA Must Face Rival's Malicious Prosecution Suit
A Colorado federal judge on Thursday declined to throw out a malicious prosecution claim by a former elected district attorney alleging his disbarred successor falsely charged him with felony embezzlement, concluding that the disbarred prosecutor is not entitled to absolute or qualified immunity.
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September 27, 2024
11th Circ. Vacates $456K Fine Against Ex-Fla. Congressman
The Eleventh Circuit has vacated a judgment and $456,000 fine against a former U.S. congressman accused by the Federal Election Commission of violating campaign finance laws after finding that the lower court improperly discounted the ex-congressman's competing testimony.
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September 27, 2024
Honigman Not Conflicted Out Of $40M Detroit Embezzling Suit
A Michigan state judge said Friday that the law firm that investigated suspected fraud at the Detroit Riverfront Conservancy can also represent the organization in its civil suit against its former chief financial officer, who is accused of embezzling $40 million.
Expert Analysis
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Behind The Delay Of Final HSR Premerger Filing Rules
Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Opinion
After Jarkesy, IRS Must Course-Correct On Captive Insurance
The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.
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Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
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Why FDIC Banks May Want To Consider Fed Membership
With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Opinion
The FTC Needs To Challenge The Novo-Catalent Deal
Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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A Closer Look At New SDNY And EDNY Local Rules
New local rules in the U.S. District Courts for the Southern and Eastern Districts of New York went into effect earlier this month, and include both stylistic changes to make legal writing more accessible, and substantive changes to make processes and filings more efficient, say Andrew Van Houter and Jennifer Montan at Faegre Drinker.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.