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Public Policy
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November 15, 2024
EPA Watchdog Flags Drinking Water Cybersecurity Risks
The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.
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November 15, 2024
Despite Vaccine Spotlight, RFK Jr. A Health Policy 'Unknown'
Robert F. Kennedy Jr., President-elect Donald Trump's pick to be the nation's top health official, has made clear his unorthodox and often false views on public health issues like vaccines. But there's still plenty of policy under his potential control where his stance remains opaque, attorneys say, which could stymie their efforts to prepare for the next four years.
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November 15, 2024
Kalshi Fires Back At CFTC's 'Futile' Election Betting Appeal
The Commodity Futures Trading Commission is attempting to "rewrite" its governing statute by claiming that placing bets on the outcome of elections is a form of prohibited gaming, trading platform KalshiEx LLC told the D.C. Circuit on Friday as it fought to continue listing election contracts in the future.
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November 15, 2024
Meet Trump's Solicitor General Nominee John Sauer
A former Missouri solicitor general who later convinced the U.S. Supreme Court that former presidents have sweeping immunity from prosecution for their official acts is poised to become the next U.S. solicitor general, joining other members of President-elect Donald Trump's criminal defense team who are slated to take top roles at the U.S. Department of Justice.
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November 15, 2024
GOP Sens. Decry 'Lack Of Urgency' On FDIC Misconduct
Six Republican senators wrote a letter to the Federal Deposit Insurance Corp. Inspector General Jennifer L. Fain asking for a briefing on the FDIC's progress investigating claims of widespread misconduct at the agency, asserting there has been "a shocking lack of urgency."
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November 15, 2024
Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs
A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.
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November 15, 2024
Calif. Justice Reformers Vow To Fight After Election Day Losses
California voters' Election Day moves to oust progressive prosecutors and enact purportedly tough-on-crime ballot measures point to a broad conservative swing in criminal justice, a movement that San Francisco's former District Attorney Chesa Boudin and other reform proponents told Law360 they intend to fight in coming years.
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November 15, 2024
Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.
The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.
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November 15, 2024
GAO Says EPA Must Act On Waste Sites' Climate Risks
Nearly 70% of the nation's hazardous waste treatment, storage and disposal facilities are vulnerable to climate change impacts such as flooding, wildfires, storm surge and sea level rise, and the U.S. Environmental Protection Agency needs to be more proactive, a new federal report says.
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November 15, 2024
DOL Floats New Restrictions On H-2B Employer Wage Surveys
The U.S. Department of Labor on Friday proposed a rule to further limit employers' use of privately commissioned wage surveys when seeking to hire temporary foreign workers through the H-2B visa program.
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November 15, 2024
FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told
The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.
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November 15, 2024
GM's Cruise Accepts $500K Criminal Fine Over Robotaxi Crash
Cruise LLC, the autonomous vehicles subsidiary of General Motors Co., has agreed to pay $500,000 in criminal fines to end claims that it made false statements to federal highway investigators by omitting that one of its vehicles dragged a pedestrian over 20 feet, according to an announcement by federal prosecutors.
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November 15, 2024
Paxton Says Texas Porn Site Law 'Modest' Way To End 'Crisis'
Texas Attorney General Ken Paxton told the U.S. Supreme Court on Friday that a state law requiring visitors to prove their age before accessing content on certain adult-oriented websites is tailored in the most "modest" way possible to address a "public health crisis."
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November 15, 2024
Texas Judge Won't Halt CFPB Small-Biz Rule As Banks Appeal
A Texas federal judge has declined to stay the compliance date of the Consumer Financial Protection Bureau's small-business lending data collection rule while a coalition of bank trade groups appeals his decision to uphold the rule's data collection requirements, saying no circumstances justify such "extraordinary relief."
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November 15, 2024
Denver Voters Reject Sales Tax Hike For Affordable Housing
Denver voters narrowly rejected a ballot measure that would have increased the city's sales and use tax by 0.5 percentage points and dedicated the anticipated $100 million in revenue to the city's affordable housing efforts.
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November 15, 2024
Cable Biz Group Doubts FCC Legal Authority On Data Caps
Independent cable providers want the Federal Communications Commission to scrap its potential clamp down on data usage limits in broadband service plans, claiming the agency lacks legal authority to move ahead.
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November 15, 2024
Feds Say 'One' DACA Kid Not Enough To Sue Over Health Reg
The Biden administration slammed North Dakota's attempt to show financial suffering from a federal rule granting health coverage to DACA recipients, saying that the state pointing to "one" unidentified DACA individual isn't enough to establish standing for a lawsuit.
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November 15, 2024
DEA Judge Nixes Vet Group's Bid To Take Part In Pot Hearings
An administrative law judge with the U.S. Drug Enforcement Administration on Friday denied a veterans group's bid to participate in upcoming hearings on a proposal to loosen federal restrictions on marijuana.
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November 15, 2024
Wis. Agency Issues Permits To Reroute Enbridge Pipeline
The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.
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November 15, 2024
Detroit Riverfront Org.'s Ex-CFO Admits He Embezzled Funds
The former finance chief of a nonprofit that has helped redevelop Detroit's riverfront pled guilty Friday to stealing tens of millions of dollars from the organization and agreed to pay more than $44 million in restitution as part of his plea agreement.
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November 15, 2024
Hedge Fund Group Urges Trump To Reject 'Punitive' Policies
A leading industry group representing hedge funds and other alternative asset managers is urging President-elect Donald Trump to abandon "punitive" economic policies and instead propose tax and regulatory relief, including business-friendly priorities at the U.S. Securities and Exchange Commission.
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November 15, 2024
Now 'Back To Stability,' Mass. US Atty Office Set To Ramp Up
The incoming Trump administration's pick for Massachusetts U.S. attorney has a chance to revive the productivity of an office known for bringing complex and often high-profile cases, veterans of the district say, but new leadership and priorities at the Justice Department leave looming uncertainties.
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November 15, 2024
FERC Can't Justify Pipeline Project Extension, DC Circ. Told
The Federal Energy Regulatory Commission's ability to extend pipeline construction deadlines simply cannot be applied to a wholesale revision of a proposed southern spur of the Mountain Valley Pipeline, opponents of the project told the D.C. Circuit Thursday.
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November 15, 2024
Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court
Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.
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November 15, 2024
USPTO Finalizes Adjustments In 2025 Trademark Fees
The U.S. Patent and Trademark Office is finalizing a proposal from earlier this year on changes to its fee structures, including adding surcharges on trademark applications lacking sufficient information and increasing the cost for paper applications.
Expert Analysis
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
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.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
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.
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Enviro Policy Trends That Will Continue Beyond The Election
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.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
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.
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Series
Collecting Art Makes Me A Better Lawyer
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.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
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.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
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.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
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.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
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.
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Managing Sanctions Defense Across Multiple Jurisdictions
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.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
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.
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Building US-Japan Relationships In The M&A Market
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.
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Litigation Inspiration: Honoring Your Learned Profession
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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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.