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Public Policy
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October 29, 2024
Merger Guides In Fashion As Court Pauses Handbag Deal
The Federal Trade Commission scored a major win last week with a court order pausing the planned $8.5 billion merger between the owners of Coach and Michael Kors, but the ruling stopped short of fully embracing enforcers' recent attempts to influence merger law.
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October 29, 2024
Fla. Health Agency's All-Out Battle Against Abortion Measure
Florida's health agencies are testing the limits of their power — and generating plenty of controversy in and outside of court — for their role in an aggressive effort to defeat a ballot measure that would enshrine abortion rights in the state constitution.
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October 29, 2024
US Finalizes Investment Ban On Chinese Emerging Tech
The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign.
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October 29, 2024
Epic Urges 9th Circ. Not To Pause Google Play Store Fixes
Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.
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October 29, 2024
Developer Can't Revive COVID-19 App Suit Against Apple
A California federal judge declined to revive an antitrust suit against Apple for not distributing a COVID-19 tracking app on its app store, saying a Ninth Circuit denial of the app maker's appeal after the case was dismissed in district court "is the law" of the case.
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October 29, 2024
NJ Researcher Wants DNA Test On Lindbergh Baby Evidence
A New Jersey woman pleaded with a state appellate panel on Tuesday to allow her to test evidence in the 1932 kidnapping and murder of the toddler son of aviator Charles Lindbergh, contending that new technology can determine whether anyone besides the man put to death for the crime was involved.
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October 29, 2024
Lawmakers Want Update On Copyright Office's AI Reports
The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.
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October 29, 2024
Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'
A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him.
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October 29, 2024
Philly Cops Lose Free Speech Suit Over Facebook Posts
A group of active and former Philadelphia Police Department officers disciplined for inflammatory Facebook activity have lost their First Amendment lawsuit against the city, with a Pennsylvania federal judge ruling Tuesday that the city had the right to terminate officers for making racist, violent and otherwise offensive posts.
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October 29, 2024
Republic First Bank Discriminated Before It Failed, NJ Says
New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.
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October 29, 2024
4th Circ. Quizzes Drugmaker Challenging W.Va. Abortion Law
An attorney arguing that West Virginia is preempted by federal law from restricting access to an abortion medication faced skeptical questions Tuesday from two judges who suggested it's entirely normal for states to regulate the practice of medicine.
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October 29, 2024
6th Circ. Judge Rejects Flint Comparison In Benton Harbor
A Sixth Circuit judge asked during oral arguments Tuesday if Michigan's government could have done more to monitor the response to lead contamination in a city's water supply, as another judge seemed to doubt that the allegations against the state rose to the level of constitutional violations.
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October 29, 2024
Ga. Court Says Apt. Must Face Shooting Death Suit
The Georgia Court of Appeals affirmed a trial court ruling holding that an apartment complex company's attempt to waive its liability for third-party crimes in a lease agreement with a tenant who was shot and killed is void and unenforceable under Peach State law.
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October 29, 2024
Ex-Cleveland Councilman Can't Cut 6-Year Fraud Sentence
An Ohio federal judge will not allow a former Cleveland city councilman to get out of jail on compassionate release, ruling the ex-politician "has never demonstrated any remorse for his criminal conduct" and should serve the remainder of his six-year fraud sentence.
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October 29, 2024
NBCU Wants Trump's Immunity Arguments Broadcast
NBCUniversal is asking the D.C. federal court to provide a live feed of the "historic oral argument" over whether Donald Trump is immune from prosecution on charges that he conspired to overturn the results of the 2020 election.
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October 29, 2024
ND Riverbed Fight Has Been Festering For 50 Years, Court Told
A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.
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October 29, 2024
Beyond Abortion, 7 Ballot Questions Set To Shape Care
While reproductive rights have led the healthcare debate this election season, voters across the country will shape state policies on a number of other hot issues, including a Medicaid work requirement and coverage for IVF. Law360 Healthcare Authority looks at seven ballot measures that go beyond abortion.
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October 29, 2024
BOEM Holds Gulf Of Maine Wind Lease Sale
An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.
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October 29, 2024
FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told
The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.
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October 29, 2024
FCC Denies Another Bid To Shelve Prison Phone Rate Caps
The Federal Communications Commission has rejected another bid to delay new prison phone rate caps, this time from a company that sought a narrow hold while the FCC weighs its request to reconsider certain limitations on provider revenue.
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October 29, 2024
Feds Tell High Court To Deny Va.'s Bid To Revive Voter Purge
The U.S. Supreme Court must leave in place a court order prohibiting Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, the federal government and advocacy groups argued Tuesday, contending the risk of erroneously stripping eligible voters of their rights outweighs any purported harm to the state.
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October 29, 2024
ICE Accused Of Withholding $300M In Nixed Immigrant Bonds
A New York resident hit the U.S. Immigration and Customs Enforcement with a proposed class action in New York federal court Tuesday, accusing the agency of systemically failing to return more than $300 million in bonds paid to secure the release of immigrants whose detention proceedings were later dismissed.
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October 29, 2024
Justice, Challenger Split On Backgrounds For The Bench
Judge Patrick O'Grady, campaigning for the Michigan Supreme Court, says the current bench is sorely lacking the type of prior judicial experience he would bring. But sitting Justice Kyra Bolden argues the diversity of backgrounds among justices makes the court stronger.
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October 29, 2024
Ex-Development Director Asks 4th Circ. For Wage Ruling Redo
A former development director for a North Carolina city urged the Fourth Circuit to rethink its opinion affirming the city's win on her unpaid overtime claims, saying it's not clear from the record that she was classified as exempt under the Fair Labor Standards Act.
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October 29, 2024
Mich. Top Court Won't Halt Ethics Claims Against Trump Allies
Michigan's Supreme Court has refused to stop disciplinary proceedings against Sidney Powell and other lawyers who advanced former President Donald Trump's election fraud claims.
Expert Analysis
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.