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Public Policy
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August 19, 2024
Calif. Lawmakers Decline To Advance Hemp THC Law
A California bill that would have imposed new THC limits on hemp consumables is unlikely to become law this year, after lawmakers declined to move it out of committee.
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August 19, 2024
DQ'd Judge Should Have Kept Quiet, Tax Challengers Say
A Michigan federal judge who disqualified himself from homeowners' challenge to a $217 million dam repair tax assessment put his "thumb on the scale of justice" by improperly commenting on legal questions as he bowed out, according to homeowners seeking to have the comments rescinded.
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August 19, 2024
Ex-NJ County Exec Loses Bid To DQ Firm In Retaliation Suit
A former Cumberland County, New Jersey, health official claiming his firing was political retaliation cannot disqualify the county's counsel in his lawsuit, Testa Heck Testa & White PA, over interactions he had with two firm attorneys around the time of his firing, a state court judge ruled Friday.
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August 19, 2024
Crypto Co. Consensys Says Texas Is Right For SEC Fight
Crypto software firm Consensys Software Inc. told a Texas federal judge that it beat the U.S. Securities and Exchange Commission to court when it filed a suit seeking a judgment that its MetaMask software does not offend securities laws, and the regulator cannot now "change the playing field" to New York with its later enforcement suit.
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August 19, 2024
Santos Admits Fraud: 'Betrayed The Trust Of My Constituents'
Former U.S. Rep. George Santos pled guilty in New York federal court Monday to juicing his election fundraising reports with fake donations to qualify for Republican Party support, charges that carry a minimum of two years in prison.
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August 19, 2024
Hogan Boosts DC Energy, IP Teams With A&O Shearman Atty
Hogan Lovells has hired a new global regulatory and intellectual property practice partner, who is joining the firm in Washington, D.C., after a little more than two and half years with Allen Overy Shearman Sterling, Hogan Lovells announced Monday.
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August 19, 2024
Voters Fight DeSantis Bid To Toss Prosecutor Suspension Suit
Florida voters and a partisan advocacy group have pushed back against Gov. Ron DeSantis' argument that voters have no right to see an elected official serve an entire term in a suit over the suspension of Florida prosecutor Monique Worrell, saying it doesn't matter when interference in an election occurs because the effect on the voters is the same.
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August 19, 2024
GOP Rep. Fostered Homophobic Workplace, Ex-Staffer Says
A former congressional staffer slapped a Republican lawmaker from Texas with a federal lawsuit claiming he was bullied, denied training opportunities and ultimately forced to quit because he is gay.
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August 19, 2024
H&R Block's Case On In-House Judges' Role Is Paused
A Missouri federal judge who refused to halt Federal Trade Commission proceedings accusing H&R Block of deceptive advertising agreed to pause, while the company appeals her refusal, a district court case in which the company has argued that administrative judges should be booted from the proceedings.
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
Trump's Immunity Appeal May Delay Sentencing, DA Says
Prosecutors will not oppose Donald Trump's request to delay sentencing in his New York hush money case, currently set for next month, while he seeks to dismiss his conviction in light of the U.S. Supreme Court's presidential immunity ruling, agreeing that an immediate appeal may upend the proceedings anyway.
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August 19, 2024
Groups Lack Standing To Challenge Asylum Rule, Texas Says
The state of Texas asked a D.C. federal judge to grant it and the federal government victory in a suit brought by two immigrants' rights organizations challenging a rule from President Joe Biden's administration limiting asylum in the U.S.
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August 19, 2024
HUD Joins 6-Year Strategy To Beat Extreme Heat
The U.S. Department of Housing and Urban Development said it's partnering with two dozen federal agencies for an initiative focused on implementing solutions for extreme heat dangers in communities.
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August 19, 2024
Israel Boycott Question Withdrawn From Pittsburgh Ballots
A proposed ballot question that would have required the City of Pittsburgh to stop doing business with or granting tax credits to entities associated with Israel during its war in Gaza will be withdrawn for lack of enough valid signatures, the parties agreed Monday — leaving unanswered whether such measures are preempted by state law.
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August 17, 2024
George Santos To Plead Guilty Before Campaign Fraud Trial
Former U.S. Rep. George Santos has agreed to plead guilty to multiple criminal charges just weeks before his scheduled campaign finance fraud trial in New York federal court, Law360 learned Saturday.
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August 16, 2024
Justices Reject Biden Bid To Reinstate Gender Identity Rule
The U.S. Supreme Court on Friday refused for now to lift lower court orders blocking the U.S. Department of Education from enforcing its new interpretation of Title IX intended to protect LGBTQ+ students from discrimination based on gender identity, handing a win to several Republican-led state challengers.
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August 16, 2024
9th Circ. Throws Alaska Fishers A Lifeline In Orca Food Case
Alaskan salmon fishers got the green light to continue their hunts as the Ninth Circuit on Friday said a Washington federal judge "glossed over" severe economic consequences in holding that the fishing illegally reduced a food source for endangered orcas in Washington state.
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August 16, 2024
CFPB Signals Patience As BNPL Firms Navigate New Policy
Consumer Financial Protection Bureau Director Rohit Chopra on Friday pledged enforcement forbearance for buy-now, pay-later firms that are working "in good faith" to comply with recent guidance holding them to certain credit card rules, saying industry efforts so far have been encouraging.
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August 16, 2024
SEC Climate Rules Backed By Wave Of Amici At 8th Circ.
The U.S. Securities and Exchange Commission has received a wave of support for its recently adopted climate disclosure rules from various consumer advocacy, environmental, investor and academic groups, which told the Eighth Circuit the measures are necessary and within the agency's authority.
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August 16, 2024
Discrimination Claim Row Becomes Party-Line FTC Slugfest
Federal Trade Commission Republicans used partial dissents Friday from the settlement of an agency junk fees enforcement action they otherwise supported to air a string of grievances with the FTC's Democratic majority and its "ongoing effort to unilaterally expand its own authority."
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August 16, 2024
Florida Unlikely To Act Quickly On Condo Law Cost Concerns
Florida lawmakers appear unlikely to take preemptive action to modify condominium safety laws enacted after the deadly 2021 building collapse in the town of Surfside, despite concerns that approaching year-end deadlines for mandated structural inspections and reserve studies will lead to overwhelming financial burdens for many residents.
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August 16, 2024
Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight
The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.
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August 16, 2024
Chinese Router Maker Must Be Looked Into, Reps. Say
A House committee that weighs potential dangers posed by the Chinese Communist Party is raising the alarm about the routers sold by a Chinese-owned company, saying the panel believes the devices could pose a risk to national security.
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August 16, 2024
Baltimore Inks $152.5M Opioid Deal With Cardinal Health
Baltimore announced Friday that it settled claims for $152.5 million with Cardinal Health over its alleged role in helping fuel the city's opioid crisis, reaching the deal with the pharmaceutical distributor ahead of a September trial against five remaining defendants and following separate $45 million settlements with Allergan and CVS.
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August 16, 2024
New Study Sought On Uranium Mine Near Grand Canyon
Arizona Attorney General Kris Mayes is asking the U.S. Forest Service for an updated environmental impact study on the state's only working uranium mine at the center of a dispute with the Navajo Nation, saying the original assessment is based on outdated information about risks to the region's groundwater.
Expert Analysis
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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New La. Managing Agent Law May Portend Growing Scrutiny
Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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CFPB's New Registration Rule Will Intensify Nonbank Scrutiny
The Consumer Financial Protection Bureau's recently finalized nonbank registration rule aimed at cracking down on repeat offenders poses significant compliance challenges and enforcement risks for nonbank financial firms, and may be particularly onerous for smaller firms, say Ketan Bhirud and Emily Yu at Cozen O'Connor.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Series
After Chevron: Uniform Tax Law Interpretation Not Guaranteed
The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.