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Public Policy
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October 03, 2024
Justices Urged To Ax Google's Ad Tech Subpoena
A South Carolina agency has asked the U.S. Supreme Court to review its challenge of Google's document request in a case accusing the tech giant of monopolizing key digital advertising technology after the Fourth Circuit ruled the agency has to respond.
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October 03, 2024
DHS Vetting Not Enough To Curb Travel Risks, Watchdog Says
Gaps in the federal immigration system's vetting policies are creating a risk that noncitizens who pose a public safety threat are being cleared for domestic air travel, the U.S. Department of Homeland Security's internal watchdog reported.
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October 03, 2024
11th Circ. Rejects Bid To Block Fla. Law Banning Trans Care
The Eleventh Circuit said Thursday it would not reconsider a decision that allowed a Florida law that bans gender-affirming care for transgender minors and restricts it for adults to take effect.
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October 03, 2024
14 States Challenge FCC Over Prison Phone Rate Caps
Fourteen states from Alabama to Virginia have sued the Federal Communications Commission in the Eighth Circuit over regulations it enacted this summer capping prison phone rates.
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October 03, 2024
Trulieve Sues Fla. Republican Party Over Anti-Weed Ads
Trulieve, which is Florida's largest medical marijuana company and the principal backer of a ballot initiative to legalize cannabis in the Sunshine State, has sued the state's Republican Party and a pair of television stations for defamation, alleging that they ran misleading anti-weed ads.
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October 03, 2024
Red States Want H-2A Farmworker Rule Gone For Good
More than a dozen Republican-led states are urging a Georgia federal judge to vacate a U.S. Department of Labor rule that would strengthen protections for foreign farmworkers within the H-2A visa program, arguing that the department clearly overstepped its authorities.
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October 03, 2024
GOP Senators Slam NY Fed Over Iraq Money-Laundering Report
Two Republican senators, including the ranking member of the Senate banking committee, have slammed the Federal Reserve Bank of New York for allegedly failing to act on money-laundering concerns with the Central Bank of Iraq, allowing funds to flow to Iran as a result.
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October 03, 2024
ISPs Insist FCC Overstepped With Net Neutrality Rules
Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.
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October 03, 2024
Wash. AG Wants Albertsons Sanctioned In Opioid Suit
Washington state's attorney general has accused Albertsons of using a state-court-ordered stay to shield itself from discovery in a consumer protection suit that accuses Rite Aid and grocery store pharmacies of exacerbating the opioid epidemic, seeking the appointment of a "discovery referee" in a new sanctions motion.
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October 03, 2024
Energy Dept. Hands Out $1B Loan For EV Charging Expansion
The U.S. Department of Energy announced on Thursday that it has made a conditional commitment for a loan guarantee of up to $1.05 billion aimed at expanding public electric vehicle charging infrastructure across the country.
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October 03, 2024
Despite Progress, Barriers Remain In Burial Law, Report Says
Despite tighter regulations on a federal law designed to protect and help tribes repatriate burial sites, a continued resistance by institutions in possession of Indigenous remains and artifacts and a lack of funding are still barriers facing the decades-old policy, a federal report says.
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October 03, 2024
Citibank Blunders May Warrant Breakup, Warren Tells OCC
Sen. Elizabeth Warren, D-Mass., urged the acting head of the Office of the Comptroller of the Currency on Thursday to impose growth restrictions on Citibank for becoming "too big to manage" and committing various blunders over the years, saying breaking up the fourth-largest bank in the U.S. may be appropriate if conditions don't improve.
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October 03, 2024
Medical Pot Expansion Effort Notches Win In Ark. High Court
The Arkansas Supreme Court has granted an injunction to the activists behind a ballot measure to expand medical marijuana access and ordered the state's secretary of state to verify signatures submitted by the campaign which he had previously deemed invalid.
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October 03, 2024
Parties Ask For Stay In Title IX Transgender Protection Case
The U.S. Department of Education and Texas have asked a Texas federal judge to stay a case involving a challenge to the agency's new policy enforcing protections for transgender students in Lone Star State schools while the issue gets worked out at the Fifth Circuit in a Thursday motion.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
CFTC Asks DC Circ. To Hasten Election Contract Loss Appeal
The U.S. Commodity Futures Trading Commission pressed the D.C. Circuit to immediately schedule its appeal of a district court's decision to permit KalshiEx's listing of election-based event contracts, which the trading platform is poised to oppose.
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October 03, 2024
Colo. Panel Finds No Proof Of Bias In Reservoir Project Vote
A Colorado Court of Appeals panel Thursday upheld the dismissal of environmental groups' lawsuit challenging a permit approval for a Northern Colorado pipeline and reservoir project, rejecting claims that two county officials were too biased and should have recused themselves from the vote.
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October 03, 2024
3rd County Settles Over Use Of NJ's 'County Line' Ballot
New Jersey's Warren County has agreed to stop using the Garden State's long-standing "county line" ballot design in primary elections, according to a Thursday order, making it the third county in the state to settle with Rep. Andy Kim and two Democratic congressional candidates in their suit challenging the controversial ballot design.
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October 03, 2024
Texas Takes Aim At Insulin Manufacturers For Price-Gouging
Texas sued several major insulin manufacturers and pharmacy benefit managers in Texas state court on Thursday, accusing the companies of running quid pro quo deals to bump insulin prices by as much as 1,000% and violating Texas laws around deceptive trade practices.
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October 03, 2024
EPA Can Protect Records In Pebble Mine Fight, Judge Says
The U.S. Environmental Protection Agency has secured a blanket protection order on all administrative records that may be subject to copyright protection in litigation brought by Alaska seeking to challenge the agency's veto of the controversial Pebble Mine.
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October 03, 2024
OCC Backs Bid To Block 'Unworkable' Ill. Swipe Fee Law
The banking industry's bid to block a new Illinois law that bans swipe fees on tax and tip payments received a big boost from the Office of the Comptroller of the Currency, which has slammed the law for being an "ill-conceived" threat to the "efficient and effective" banking system.
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October 03, 2024
IRS Used $2B Of Funding Boost For Operating Expenses
The IRS has used $2 billion of the funding boost it received under the Inflation Reduction Act to supplement its annual funding, according to the Treasury Inspector General for Tax Administration.
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October 03, 2024
Soldiers Urge DC Circ. Not To Revive DOD Naturalization Rule
Immigrant soldiers urged the D.C. Circuit to affirm a lower court's order that wiped away a Pentagon requirement to serve for one year before becoming eligible for citizenship, saying lawmakers wanted military personnel enlisting during wartime to reap the benefits of citizenship.
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October 03, 2024
Conn. Justices OK Bar Input On Banking Probe Into Lawyers
The Connecticut Supreme Court will allow the National Creditors Bar Association and the Connecticut Creditors Bar Association to weigh in on a case that questions whether the state banking commissioner violated the constitution's separation of powers doctrine by launching a probe into a law firm and its associated debt negotiation group.
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October 03, 2024
Cos. Want Federal Rule On Litigation Funding Disclosure
The federal courts should adopt a uniform process for the disclosure of third-party litigation funding in federal cases, a host of companies, including Johnson & Johnson and Google, told the judiciary's Rules Committee.
Expert Analysis
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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.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Navigating Restrictions Following Biotech Bill House Passage
Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Presidents And Precedents May Direct Khan's Future Course
While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.
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SEC Settlement Holds Important Pay-To-Play Lessons
The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.
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What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law
Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.
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7 Takeaways For Companies After Justices' Bribery Ruling
The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.