Public Policy

  • November 14, 2024

    Biden Admin Backs Controversial Alaskan Land Swap, Road

    The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.

  • November 14, 2024

    5th Circ. Judge Pummels Judicial Integrity Critics

    Fifth Circuit Judge Edith H. Jones co-opted a panel discussion Thursday to denounce the rise in criticism over purported judge shopping, especially in relation to Texas judges who handled a large portion of lawsuits challenging Biden administration policies, and called on legal groups to do more to defend the judiciary's integrity.

  • November 14, 2024

    CFPB Orders Prison Telecom, Payment Provider To Pay $3M

    The Consumer Financial Protection Bureau announced Thursday it has instructed one of the largest prison service providers to pay $3 million to settle claims tied to the company's money transfer and telecommunications businesses, including a claim alleging it froze and drained incarcerated individuals' accounts.

  • November 14, 2024

    Split 5th Circ. Axes Student's Bias Suit Over Right-Wing Beliefs

    An equally divided en banc Fifth Circuit on Thursday refused to revive a high school student's race discrimination suit against his Texas school district, finding that most of the bullying the student allegedly experienced was based on his support of President-elect Donald Trump and conservative viewpoints, not his race.

  • November 14, 2024

    DOD Wants Contractors To Report Foreign Code Sharing

    The U.S. Department of Defense issued a proposed rule on Thursday requiring technology and weapons vendors to reveal whether they share source code with foreign governments, in an effort to curb potential cybersecurity risks.

  • November 14, 2024

    Crypto And Private Fund Groups Push SEC On Dealer Rule

    Crypto industry groups and private fund associations tag-teamed the U.S. Securities and Exchange Commission on Thursday during a hearing over two cases relating to the agency's expanded definition of securities dealers, telling a Texas federal court that the new rule marked a dramatic overreach by the regulator.

  • November 14, 2024

    Judge Floats Musk Hypo As AT&T Exec Seeks Acquittal

    An Illinois federal judge posed a hypothetical to federal prosecutors Thursday asking whether it would be a bribery violation if Elon Musk donated heavily to support a presidential candidate who would likely reward him if he wins, as he weighs a former AT&T executive's attempt to avoid a retrial on charges he bribed ex-Illinois House Speaker Michael Madigan.

  • November 14, 2024

    FCC Extends Freeze On Rate Of Return Carrier Cost Rules

    A long-running freeze on a wireline cost allocation regime has been extended by the Federal Communications Commission for another six years, with the agency saying that it's finally time to explore making the fix permanent after nearly a quarter century of temporary freezes.

  • November 14, 2024

    Biden's Final Options To Fortify Immigration System

    The incoming Trump administration, poised to cull legal immigration programs, has immigration advocates hoping President Joe Biden will act quickly to extend work permits, firm up proposed changes to the H-1B visa program, and otherwise fortify the system against future changes.

  • November 14, 2024

    NYC Speeds Away From Taxi Drivers' RICO Claim

    New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."

  • November 14, 2024

    AT&T Questions FCC's Legal Authority Over 'Unlocking' Rule

    AT&T has told the Federal Communications Commission that its proposal requiring mobile providers to unlock a customer's device within 60 days of signing up won't stand up in court.

  • November 14, 2024

    Wash. Justices Seem Split On Cannabis Co. Wage Suit

    The Washington State Supreme Court wrestled Thursday with whether the state labor department jumped the gun on filing an unpaid-wages suit against a marijuana company, with one justice questioning if the department exceeded its powers and another expressing concern that lax enforcement would allow companies to skip payments for years.

  • November 14, 2024

    All Merger Fixes 'Should Be On Table,' FTC's Holyoak Says

    One of the Federal Trade Commission's Republican members on Thursday signaled a significant softening of the Biden era's tough stance against merger remedies meant to fix otherwise problematic mergers is likely once the GOP takes the majority at the agency.

  • November 14, 2024

    FTC's Holyoak Says New Comment Portal Shows Merger Bias

    Federal Trade Commissioner Melissa Holyoak said Thursday the design of a new portal allowing the public to comment on pending deals shows signs of the current leadership's view that all mergers are bad.

  • November 14, 2024

    Senate Panel Delays Votes On Patent Eligibility And PTAB Bills

    The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.

  • November 14, 2024

    Split 5th Circ. Affirms SEC's Kroger Proxy Decision

    A divided Fifth Circuit on Thursday rejected a "purely theoretical" challenge brought by conservative shareholders unhappy that the U.S. Securities and Exchange Commission greenlighted the exclusion of a shareholder proposal from Kroger Co.'s 2023 ballot, noting that the case was moot since the company authorized a vote on the proposal anyway.

  • November 14, 2024

    EEOC Says Texas, Think Tank Can't Scrap Bostock Guidance

    The U.S. Equal Employment Opportunity Commission urged a federal court to shoot down Texas' challenge to workplace harassment guidance the agency issued based on the U.S. Supreme Court's Bostock decision, arguing the state failed to demonstrate that the guidelines had caused them any harm.

  • November 14, 2024

    Emergency Medical Providers Oppose $2.8B BCBS Deal

    A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.

  • November 14, 2024

    Red State AGs Sue SEC Over Crypto Policy

    A coalition of 18 Republican attorneys general led by Kentucky sued the U.S. Securities and Exchange Commission on Thursday for allegedly treading on the states' authority through a "regulatory landgrab" into the cryptocurrency industry.

  • November 14, 2024

    Webex 'Disrupters' Posing As Colo. Judges Force Tech Swap

    Colorado's chief justice said Thursday that a growth in "digital court disrupters" has prompted the state judicial department to start looking for a new software platform for hosting online court hearings, saying bad actors had started posing as justices to gain admittance to virtual courtrooms.

  • November 14, 2024

    Broadband Groups See Ally In Incoming GOP Leader Thune

    Telecom industry groups view the Senate's next majority leader, Sen. John Thune, R-S.D., as keenly interested in the sector's needs, but it's not yet clear what his selection could mean for specific critical issues like building out rural internet service and removing barriers to broadband deployment.

  • November 14, 2024

    NY Gov. Brings Back Manhattan Congestion Pricing Plan

    The resurrection of New York City's plan to charge all vehicles a fee for entering Manhattan's busiest corridor demonstrates a mad dash in the final months of the Biden administration to expedite infrastructure projects perceived as political lightning rods before President-elect Donald Trump takes office.

  • November 14, 2024

    Trump Names Solicitor General, SDNY Picks

    President-elect Donald Trump announced on Thursday he is tapping for solicitor general the lawyer who represented him before the U.S. Supreme Court and will name his former chair of the U.S. Securities and Exchange Commission to be U.S. attorney for the Southern District of New York.

  • November 14, 2024

    DC Council Issues Housing Tax Break Emergency Resolution

    The District of Columbia Council approved an emergency resolution to enact legislation to implement a competitive process for the provision of tax abatements for housing developments while a recently passed measure to permanently authorize that process faces congressional review before it becomes law.

  • November 14, 2024

    EPA Expands List of Solvent Risks, Targets Tire Chem Rules

    The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.

Expert Analysis

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Revisiting The Crime-Fraud Exception After Key Trump Cases

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    Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • The Trade And Tax Issues Behind US-Canada Digital Tax Clash

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    The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Series

    Colorado Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.

  • Building US-Japan Relationships In The M&A Market

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    The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

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