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Public Policy
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October 01, 2024
Mich. Court Says It Can't Force Gov't To Speed Up U-Visas
A Michigan federal judge dismissed a proposed class action from U-visa petitioners who sued over government processing delays, saying federal courts lack power to force the U.S. Citizenship and Immigration Services to process visas in a required time frame.
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October 01, 2024
EPA Can't Justify Water Permitting Rule, La. Judge Told
Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.
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October 01, 2024
Phone 'Tax' For FCC Programs Unconstitutional, Justices Told
Groups challenging the Federal Communications Commission's universal service system urged the U.S. Supreme Court on Tuesday to throw out the program's funding base, arguing it amounts to an illegal tax on consumers.
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October 01, 2024
Feds Didn't Consider Gold Mine's Full Impact, Judge Says
The federal government didn't realistically study the potential spill risks associated with a large open-pit gold mine when it approved the project, an Alaskan federal judge has said, arguing the Army Corps of Engineers erred in concluding that a catastrophic event is a "worst case" scenario in its environmental analysis.
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October 01, 2024
Texas Loses Bid To Block Residency Over Use Of Benefits
A Texas federal judge has dismissed the state's lawsuit challenging a Biden administration decision to upend a Trump-era rule blocking permanent residency for immigrants who use certain public benefits, finding Texas lacked standing because it didn't show the upending would lead to an increase in immigration or related costs.
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October 01, 2024
Binance GC Is Building The Firm's Future, One Atty At A Time
Binance general counsel Eleanor Hughes says she inherited "probably one of the most stressful situations a lawyer can face" when she entered her role as the company negotiated a $4.3 billion settlement with U.S. authorities, but since then her focus has been on building the right team to guide the firm's compliance forward.
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October 01, 2024
Verdict Stands In Fifth Third Bank Cash Advance Suit
An Ohio federal judge refused to override a jury's verdict that Fifth Third Bank breached its contracts with the class of borrowers who participated in its Early Access loan program, and also said he would not order a partial new trial for the borrowers after that same jury denied them damages.
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October 01, 2024
Ga. Industrial Fire Ignites Slew Of Suits From Residents
As a chlorine plant about 20 miles outside of Atlanta continues to belch chemical fumes into the skies in the aftermath of an industrial fire, the company that owns the facility was hit with proposed class actions Monday from residents who say the disaster is already causing dangerous health problems.
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October 01, 2024
DOJ Says It Is Constitutional To Disarm Pot Patients
The U.S. Department of Justice told a Pennsylvania federal judge Tuesday that a federal policy barring medical marijuana patients from lawfully possessing firearms is constitutional, and it urged the court to dismiss a legal challenge to the statute.
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October 01, 2024
Ga. Must Go 'Wheels Up' On Vote Certification, Judge Says
A Georgia state judge signaled Tuesday that a new rule from the State Election Board that directs local election officials to conduct "reasonable inquiries" into voting irregularities doesn't relieve them of their obligation to certify results within the state's mandated time frame.
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October 01, 2024
First Marshall Fire Trial To Decide Liability For All Plaintiffs
A Colorado state judge ruled Monday that the first trial in consolidated lawsuits against Xcel Energy and telecom companies for damages related to a 2021 wildfire will decide liability for all plaintiffs unless they show a good reason to opt-out.
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October 01, 2024
Feds Can't Ditch Trimmed Asylum Seekers' Suit Over CBP App
A California federal judge trimmed Monday a proposed class action challenging the federal government's requirement that asylum seekers use a smartphone app to submit applications, tossing an Alien Tort Statute claim and narrowing the scope of injunctive relief sought, but keeping the bulk of the Administrative Procedures Act fight alive.
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October 01, 2024
Tennessee Judge Affirms TVA-Approved Gas Turbine Project
A Tennessee federal judge rejected the Sierra Club's challenge of an environmental assessment that the Tennessee Valley Authority completed to install new gas combustion turbines at one of its existing facilities in the Volunteer State.
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October 01, 2024
TikTok Petitions 3rd Circ. To Review Section 230 Ruling
TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.
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October 01, 2024
EBay Beats Gov't Claims Over Sale Of Polluting Products
A New York federal judge Monday tossed a government lawsuit accusing eBay Inc. of hawking illegal automotive, paint removal and pesticide products, holding that the e-commerce giant does not meet the definition of a "seller" and has Section 230 immunity as a publisher of third-party content.
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October 01, 2024
Ind. Tax Court Backs Use Of Old Burden-Shifting Statute
An Indiana assessor must provide evidence to back up a property's nearly $2 million valuation because the assessment occurred under a statute shifting the burden of proof to assessors if valuations increased over a certain threshold, the state's tax court said.
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October 01, 2024
Big Banks Urge Panel To Toss NJ Bond Marketing Claims
A New Jersey state judge erred when he applied a recent change in state law to deny a bid by JPMorgan Chase & Co. and other big banks to toss a suit accusing them of a scheme to inflate the interest rates of certain bonds, the banks argued Tuesday before a state appellate panel.
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October 01, 2024
EPA Can't Justify Particulate Matter Rule, DC Circ. Told
The U.S. Environmental Protection Agency can't justify its decision to ratchet down a fine particulate matter air pollution standard, Republican-led states and industry groups told the D.C. Circuit on Monday.
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October 01, 2024
Buchanan Ingersoll, McNees Wallace Duck Athlete's Bias Suit
A Pennsylvania federal judge threw out a former student athlete's abuse of process claims against Buchanan Ingersoll & Rooney PC and McNees Wallace & Nurick LLC over their representation of an athletic association in an unsuccessful challenge over his eligibility to play postseason high school sports.
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October 01, 2024
DOJ Joins Employee Antitrust Suit Against UPMC
The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.
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October 01, 2024
Arkansas AG Says YouTube Addicts And Harms Youth Users
The Arkansas attorney general has sued YouTube LLC, Google LLC and their parent company in state court, alleging that the YouTube platform is deliberately designed to addict youth users and shows them harmful content, leading to a mental health crisis that has cost the state hundreds of millions of dollars.
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October 01, 2024
Ex-Interior Dept. Deputy's Oil Stocks Violated Ethics Laws
The onetime deputy secretary of the Interior, Tommy Beaudreau, who moved into private practice last year and now co-leads WilmerHale's energy practice, violated government ethics laws by failing to recuse himself from drilling-related matters while knowingly holding petroleum stocks, according to an internal watchdog's ethics report released Tuesday.
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October 01, 2024
Ex-DHS GC Returns To Sheppard Mullin As Nat'l Security Head
The U.S. Department of Homeland Security's former general counsel Jonathan Meyer has bounced between the agency and Sheppard Mullin Richter & Hampton LLP since 2016, and now after three years as DHS' top lawyer, the firm said Tuesday he's returning to lead its national security group in D.C.
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October 01, 2024
Colo. Murder Case Prosecutors Censured After Botched Probe
Two Colorado attorneys who worked as prosecutors in the failed high-profile prosecution of a man charged with murdering his wife have agreed to public censure as discipline for their roles in the botched proceeding that led to a recent opinion disbarring the elected district attorney who oversaw the case.
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October 01, 2024
NJ Panel Backs Conflicts Waiver, Rejects Online Rebukes
A New Jersey Supreme Court committee overseeing attorney ethics rules has decided against recommending the state bar's request to give lawyers latitude to disregard client confidentiality when responding to posts online accusing them of misconduct, while supporting conflict of interest waivers for the state's attorney general.
Expert Analysis
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A Look At The Regulatory Scrutiny Facing Liquid Restaking
Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Series
After Chevron: Challenges Loom For PBGC Actions
After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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5 Insights Into FDIC's Final Rule On Big-Bank Resolution Plans
Although the Federal Deposit Insurance Corp.'s recently finalized rule expanding resolution planning requirements for large banks was generally adopted as proposed, it includes key changes related to filing deadlines, review and feedback, and incorporates lessons learned — particularly from last year's bank failures, say attorneys at Cleary.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Opinion
Focus On Political Stances May Weaken Labor Unions
Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.
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Opinion
Time To Reimagine The Novation Process For Gov't Contracts
The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.
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Unpacking The Latest FTC Guidance On Multilevel Marketing
Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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The OIG Report: DOJ's Own Whistleblower Program Has Holes
A recent Office of the Inspector General memo found that the U.S. Department of Justice’s whistleblower program failed to protect federal employees whose security clearances were allegedly suspended in retaliation — a serious cause for concern that could have a potential chilling effect on would-be whistleblowers, says Diana Shaw at Wiley.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.