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Public Policy
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September 26, 2024
8th Circ. Probes Standing In Fight Over Iowa Immigration Law
An Eighth Circuit panel on Thursday questioned an immigrant rights group's prerogative to challenge a new Iowa law criminalizing the presence of previously deported noncitizens, pushing back on the organization's alleged "irreparable harm" from the statute.
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September 26, 2024
Religious Nonprofit Can Keep Refugee Aid Contracts For Now
Michigan will abandon its bid for early termination of contracts awarded to a Christian adoption and refugee agency while the organization's lawsuit, alleging the state forced it to hire non-Christians to qualify for contracts, plays out in federal court.
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September 26, 2024
5th Circ. Dusts Off FDIC Challenge In Jarkesy's Wake
The Fifth Circuit moved Wednesday to pick back up with a former bank CEO's challenge to Federal Deposit Insurance Corp. enforcement proceedings, taking the case off pause now that the U.S. Supreme Court has upheld a similar challenge involving the U.S. Securities and Exchange Commission.
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September 26, 2024
3rd Circ. Rules Commerce Fishery Councils Cannot Veto Regs
Government-appointed advisory councils that have the power to veto decisions of federal cabinet-level officials run afoul of the U.S. Constitution, the Third Circuit said, stripping that veto power from "regional fishery management councils" that advise the U.S. secretary of commerce.
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September 26, 2024
FCC Hits Alleged Pirate Radio Operators With $1.8M In Fines
The Federal Communications Commission on Thursday slapped more than $800,000 in fines on three alleged pirate radio operators in the Miami area and proposed $1 million in forfeitures against three others in the New York City area.
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September 26, 2024
New Report Urges Feds To Take Larger Role In Pot Policy
The rise of state-sanctioned cannabis markets amid the absence of federal regulation has prioritized policies intended to launch marijuana sales over those focused on public health, according to a government-sponsored report made public Thursday.
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September 26, 2024
Feds Rip Railroads' 11th Circ. Bid To Void Train Crew Size Rule
The U.S. Department of Transportation has told the Eleventh Circuit that its new train crew size rule is intended to promote rail safety, yet railroads have misconstrued the requirement and overblown their purported cost burdens in an effort to torpedo the rule.
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September 26, 2024
Split 2nd Circ. Backs 8 Years For Conn. COVID Money Scam
In a published opinion Thursday, a split panel of the Second Circuit upheld a Connecticut man's eight-year prison sentence for stealing federal COVID-19 relief funds from the city of West Haven through a conspiracy with a state representative, finding that the punishment was not "substantively unreasonable."
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September 26, 2024
Rand Paul Reintroduces Bill To Raise THC Limit For Hemp
Sen. Rand Paul, R-Ky., has reintroduced a bill to amend the legal definition of hemp to include cannabis with up to 1% of the psychoactive compound delta-9 THC, saying compliance with current federal law has been unnecessarily onerous for hemp growers and processors.
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September 26, 2024
County, Deputy Exit Calif. Cannabis Raid Case For Now
With a ruling Friday, a California county and a sheriff's deputy have escaped — for now — claims they unlawfully searched a man's home and seized 60 pounds of marijuana, but still pending are claims of excessive force by means of a bean bag round shot at the plaintiff.
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September 26, 2024
Dartmouth Cites Loper Bright In Arguing Against Hoops Union
The conclusion that Dartmouth College men's basketball players are employees under federal labor law shouldn't receive deference under the U.S. Supreme Court's Loper Bright decision, according to a filing from the university, with the school refuting that it illegally refused to bargain with the players' union.
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September 26, 2024
Offended Texas Judge Formally Vacates Buoy Injunction
A Texas federal judge who took umbrage at a state attorney's suggestion that he may ignore the Fifth Circuit's instruction to lift his injunction on the state's buoy barrier in the Rio Grande ceded to the appellate court on Thursday.
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September 26, 2024
FCC Opens Airwaves For NGSO Fixed Satellite Services
The Federal Communications Commission agreed Thursday to set aside a swath of spectrum in the 17 gigahertz band for non-geostationary orbit fixed satellite services, a move the agency says will advance competition and high-speed connectivity.
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September 26, 2024
BigLaw Attys Have 'Knack' For Insulting Judges, Says Judge
A Colorado federal judge on Thursday called out BigLaw attorneys for their "uncanny knack" of insulting the court in briefs, telling employment lawyers they appear more credible when acknowledging the case law against them rather than ignoring those arguments altogether.
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September 26, 2024
Infighting Plagues SF Leaders With High Court Args Imminent
San Francisco has forged ahead with its effort to convince the U.S. Supreme Court that a federal Clean Water Act permit is too vague for it to comply with, even as a dispute over whether to drop the case has broken out between city leaders.
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September 26, 2024
Senate OKs Bill To Vet Broadband Funding Winners
The U.S. Senate has approved a bill to require screening of broadband providers for their ability to meet obligations under federal funding programs to subsidize deployment of high-speed service.
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September 26, 2024
Colo. Property Tax Deferral Program Could Balloon, Panel Told
Use of a property tax deferral program in Colorado is expected to rise under a recent legislative change opening it to nearly all property owners, the state's treasurer told a legislative commission Thursday, calling the extent of the program's growth difficult to predict.
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September 26, 2024
Feds Send Message To Adams' City Hall: Buckle Up
The seizure of another of New York City Mayor Eric Adams' phones ahead of his corruption indictment Thursday and a prosecutor's cryptic vow to "hold more people accountable" suggest the landmark case may only just be getting started, experts say.
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September 26, 2024
Air Force Urged To Cut Back On Using Chinese Suppliers
Republican lawmakers have asked the U.S. Air Force to cut back on using suppliers from China for "critical weapons platforms," arguing that using Chinese suppliers poses a serious national security risk and empowers China to defeat the U.S. without the need for armed conflict.
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September 26, 2024
Virtua Discriminates Against Pregnant Patients, NJ Alleges
Virtua Health discriminates against pregnant patients by forcing them to undergo drug testing for inpatient admission to its hospitals — a policy that does not apply universally to other patients, New Jersey Attorney General Matthew J. Platkin alleged in a lawsuit filed Thursday in New Jersey state court.
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September 26, 2024
5th Circ. Says Pair Can't Challenge Wi-Fi Program's New Rules
The Fifth Circuit won't take up a challenge to the Federal Communications Commission's new rules allowing for subsidized Wi-Fi off campus through the E-Rate program for schools and libraries, granting the FCC's motion to dismiss the case for lack of jurisdiction while an in-house challenge from the petitioners proceeds.
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September 26, 2024
Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit
The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.
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September 26, 2024
Feds Split $71M Clean Energy Award Between 13 Tribes
The Biden administration is investing $71 million to electrify homes in 13 tribal communities across Indian Country in an effort to close ongoing access to electricity gap problems with clean energy sources.
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September 26, 2024
Judge Says DOI Didn't Satisfy Cherokee Accounting Duties
A D.C. federal judge ruled that the U.S. government has not fulfilled its duty to provide the Cherokee Nation with a full accounting of its assets held in federal trust, handing a win to the Oklahoma-based tribe after five years of litigation.
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September 26, 2024
VivoPower Keeps HQ In UK To Qualify For $21B Gov't Program
Sustainable energy solutions company VivoPower International PLC and hydrogen technology business Future Automotive Solutions and Technologies on Thursday outlined additional terms to their proposed $1.13 billion merger, including settling the combined company's headquarters in the U.K. in order to qualify for potential "significant and attractive" government incentives.
Expert Analysis
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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3 Healthcare FCA Deals Provide Self-Disclosure Takeaways
Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.
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Opinion
Congress Must Increase Small Biz Ch. 11 Debt Cap
Congress must act to reinstate Subchapter V, which recently sunsetted when the debt threshold to qualify reverted from $7.5 million to just over $3 million, meaning thousands of small businesses will no longer be able to use the means of reorganization, says Daniel Gielchinsky at DGIM Law.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.
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Takeaways From High Court's Tribal Health Admin Cost Ruling
The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.
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Navigating Antitrust Considerations In ESG Collaborations
The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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FTC Focus: Private Equity Investments In Healthcare
As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.