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Public Policy
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
CFPB Late Fee Rule Has Slim Ties To Fort Worth, Judge Says
A Texas federal judge had stern words for the U.S. Chamber of Commerce during a Tuesday hearing over a lawsuit challenging the CFPB's new credit card late fee rule in Fort Worth, saying that if judges' impartiality is in question "we need to just turn it in" as a country.
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August 27, 2024
USPTO Sued For Rejecting Blood Pressure Drug Patent
A small drug developer has hit the U.S. Patent and Trademark Office with a second lawsuit in Virginia federal court over the agency's latest rejection of the company's efforts to patent a different dosage of a drug the company markets to treat low blood pressure.
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August 27, 2024
DOJ Says Immigration Group Can't Join Oklahoma Suit
The federal government urged the Tenth Circuit to reject a Tulsa immigration nonprofit's efforts to join its suit against Oklahoma over a state law that would ban unauthorized immigrants from settling in the state.
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August 27, 2024
Alaskan Tribal Health Group Hits Feds With $390M Suit
The Alaska Native Tribal Health Consortium is asking a federal district court for at least $390 million in a challenge to the U.S. Department of Health and Human Services that claims the agency refused to pay certain contract support costs to operate its healthcare programs for seven years.
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August 27, 2024
Guo Trustee Says Trump Aide Must Face $353K Clawback Suit
The Chapter 11 trustee for Miles Guo has urged a Connecticut bankruptcy judge to preserve an adversary action seeking to claw back more than $353,000 that he alleged the Chinese exile fraudulently gave to Jason Miller, a senior adviser to Donald Trump and founder of conservative social media platform Gettr, saying Miller's bid to ax the case was flimsy.
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August 27, 2024
Feds Clarify Int'l Students' Eligibility For STEM Visa Program
U.S. Citizenship and Immigration Services updated its policy manual on Tuesday to clarify when international students graduating from STEM programs may be eligible for a visa allowing them to temporarily work in the U.S.
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August 27, 2024
Leave Support For Alaska Connectivity Intact, FCC Told
An Alaskan utility company told the Federal Communications Commission that rules blocking federal funds for broadband build out when there is already an unsubsidized competitor in the area might work fine on the mainland, but would be very bad for Alaska.
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August 27, 2024
Enbridge, Mich. Battle Over Immunity Order In Pipeline Fight
Enbridge Energy and Michigan are swapping barbs over whether a federal district court should defer a summary judgment ruling in favor of the company over its Line 5 pipeline or wait until the Sixth Circuit has decided the state's bid to overturn a decision that it's not immune from the litigation.
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August 27, 2024
Insurer Off The Hook For $1.8M Praying Coach Settlement
A Washington state school district's insurer doesn't have to cover a nearly $1.8 million legal fee settlement the district reached with a high school football coach whom the U.S. Supreme Court found was wrongly suspended for praying on the 50-yard line after games, a state appeals court ruled.
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August 27, 2024
2nd Circ. Urged To Reject Preemption Defense In BofA Row
The Second Circuit should join fellow federal courts in finding that a New York statute requiring all banks to pay at least 2% interest on mortgage-escrow accounts isn't preempted, a former Bank of America mortgage customer has told the appeals court following the U.S. Supreme Court's remand of the matter.
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August 27, 2024
Tenn. Medicaid Program Illegally Cut Off Health Coverage
Tennessee's Medicaid program violated the Medicaid Act, the 14th Amendment and the Americans With Disabilities Act by depriving residents of healthcare coverage, a federal judge has ruled, saying the agency was "lethargic in its response and attempts" to fix an eligibility system replete with issues.
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August 27, 2024
Judges Upend Alaska Airlines Loss, Blame Jury Instruction
A Washington state appeals court on Tuesday threw out a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19 while away from home for her job, in an opinion that said a jury instruction misstated a legal doctrine covering traveling workers.
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August 27, 2024
Colo. House Advances Further Cuts To Property Tax Rates
The Colorado House advanced legislation Tuesday to limit property tax growth, a move supporters hope will also stave off a pair of ballot initiatives that critics say would devastate schools and other local services.
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August 27, 2024
Tour Bus Merger Claims Can't Save Antitrust Suit Redux
Claiming a partnership between its rivals amounted to an anticompetitive merger wasn't enough Tuesday to save a New York City tour bus operator's second attempt at antitrust allegations that they locked it out of deals with key tourist destinations.
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August 27, 2024
Immigration Orgs Slam DHS' 'Tired Contentions' Over Asylum
Immigration rights groups and asylum-seekers countered the Biden administration's "tired contentions" that new asylum restrictions at the southern border comport with federal immigration law, telling a D.C. federal judge that the policy is an attempted end-run around the law.
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August 27, 2024
Mich. Says Discovery Won't Save Dam Collapse Suits
The state of Michigan has urged a judge to cut off discovery and end litigation over flooding caused by the collapse of the Edenville Dam, arguing that continuing to exchange information would be fruitless because it's already clear that the state didn't cause the disaster.
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August 27, 2024
Rescheduling Pot Unlikely To Fix Banking Issues, Report Says
A pending proposal to loosen federal restrictions on marijuana is unlikely, on its own, to make it easier for state-regulated cannabis businesses to access financial services available to other industries, according to a recent report published by Capitol Hill's policy research arm.
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August 27, 2024
5th Circ. Holds Mandate In Subsidy Suit During FCC Appeal
The Fifth Circuit has agreed to let the current subsidy for telecom services remain in place while the Federal Communications Commission seeks U.S. Supreme Court review of a ruling that upended the subsidy system.
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August 27, 2024
Split 5th Circ. Revives Tesla's Case Over La. Sales Ban
A split Fifth Circuit panel revived Tesla's case accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, finding Tesla had done enough to survive dismissal by alleging a regulatory board that included competitors is biased against it.
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August 27, 2024
CPSC Suit 'Makes A Mockery' Of Standing, SG Tells Justices
The federal government is urging the U.S. Supreme Court to pass on a "highly artificial suit" that seeks to unravel removal protections for commissioners on the Consumer Product Safety Commission, saying the groups behind the suit have no standing to pursue the legal challenge.
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August 27, 2024
Trump-Linked Group Says OPM Delaying Union Comms Bid
The Office of Personnel Management has delayed its response to information bids about agency communications with public sector unions, an organization led by former Trump administration officials alleged in Texas federal court, calling for an order to require the disclosure of requested details.
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August 27, 2024
6th Circ. Affirms HHS' Denial Of Title X Funds To Tenn.
The Sixth Circuit has upheld the Biden administration's authority to end a family-planning grant awarded to Tennessee after the state refused to offer abortion referrals, saying the state knew the rules when it accepted the grant.
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August 27, 2024
Treasury Asked To Scrap Stock Buyback Tax's Funding Rule
Business groups urged the U.S. Treasury Department on Tuesday to remove what's known as the funding rule in forthcoming final regulations on the stock buyback tax, saying the provision would go beyond Congress' intentions for the levy, which aims to deter companies from giving outsize rewards to shareholders.
Expert Analysis
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What's New In The AI Healthcare Regulatory Space
Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.
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A Refresher On Calculating Political Advertising Costs
With election season well underway, it is important for broadcasters, political candidates, time buyers and others concerned with how the cost of broadcast political advertising is determined to know what the Federal Communications Commission factors into lowest unit calculations, and how the commission has defined "commercial advertisers," says Gregg Skall at Telecommunications Law Professionals.