Public Policy

  • June 28, 2024

    Citi Wants Termination Suit Over Alleged Lies To OCC Tossed

    Citibank has urged a New York federal judge to toss a suit by a former managing director of the bank who claims she was fired for not reporting false information to compliance authorities, arguing that even if her claims are true, she hasn't plausibly alleged a cause of action under the Sarbanes-Oxley Act.

  • June 28, 2024

    Custodia Bank Asks 10th Circ. For Fed Master Account Win

    Crypto-focused Custodia Bank has argued in an opening brief before the Tenth Circuit that it is entitled to a Federal Reserve master account and should be given approval to open one, kicking off its appeal of a Wyoming federal judge's decision that said otherwise.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Parts Of Ga. Bond Law Blocked For Now Over 'Group' Meaning

    A Georgia federal judge on Friday temporarily blocked certain provisions of a law set to take effect Monday that would make it illegal for people, charities and organizations to post more than three cash bonds in a year and require charitable bail funds to register as bonding agencies. 

  • June 28, 2024

    Conn. Court Shouldn't Hear Anti-Dispensary Appeal, City Says

    A Connecticut appeals court should not hear a case brought by an anti-cannabis organization in Stamford that is trying to undo a court-approved settlement that allowed for the opening of a dispensary, the city's Zoning Board has argued.

  • June 28, 2024

    FCC Subsidy Opponents File New 5th Circ. Challenge

    A free-market group and others seeking to overturn the Federal Communications Commission's telecom subsidy system has again filed suit in the Fifth Circuit to oppose the industry fees that fund the programs.

  • June 28, 2024

    PAGA Reforms Clear Calif. Assembly, Head To Newsom's Desk

    California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.

  • June 28, 2024

    Health Regulators Likely To Tread Carefully Post-Chevron

    The demise of Chevron deference at the U.S. Supreme Court on Friday will likely encourage or fortify challenges to agency rulemaking on matters of health policy in the U.S., from Medicare reimbursement decisions to FDA rules on laboratory-developed tests.

  • June 28, 2024

    USPTO Asks Public For Input On Addressing AI Deepfakes

    The U.S. Patent and Trademark Office said Friday that it will seek public input about whether existing laws are enough to protect individuals from unauthorized artificial intelligence-created replicas of their image, voice and likeness, commonly called deepfakes.

  • June 28, 2024

    Shkreli Asks High Court To Toss $64M Disgorgement Order

    Former pharmaceutical executive Martin Shkreli, who gained notoriety for hiking the price of HIV/AIDS medication before serving more than four years in prison for securities fraud, is asking the U.S. Supreme Court to toss a disgorgement order requiring him to pay $64 million for monopolistic price-gouging.

  • June 28, 2024

    6th Circ. Won't Move Net Neutrality Challenges To DC

    The Sixth Circuit on Friday denied a bid to transfer challenges to the Federal Communications Commission's net neutrality rules to the D.C. Circuit.

  • June 28, 2024

    High Court Bends, But Doesn't Break, FERC Enforcement

    The U.S. Supreme Court's new limits on administrative law judge powers has injected fresh uncertainty into how the Federal Energy Regulatory Commission conducts its enforcement process, but the justices haven't upended the agency's reliance on its in-house court system, FERC watchers say.

  • June 28, 2024

    Calif. Panel Won't Toss Trial Win By AT&T's Cricket

    Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.

  • June 28, 2024

    Shifting Legal Positions Behind High Court Abortion Punt

    Rapid developments in Idaho abortion law paved the way for a fractured U.S. Supreme Court decision that leaves doctors in the state in murky legal waters around providing abortions to patients in medical crisis.

  • June 28, 2024

    Biden Extends Deportation Protections For 309K Haitians

    The Biden administration on Friday expanded a humanitarian immigration program to provide temporary deportation relief to roughly 309,000 Haitians currently living in the U.S. who can't safely return to their war-torn Caribbean nation where gang violence has escalated in recent months.

  • June 28, 2024

    Top Delaware Court Tosses Voting Law Challenge

    Delaware's Supreme Court on Friday reversed a Superior Court strike-down of two state statutes on voting procedures, finding that the plaintiffs had no standing to sue because they hadn't shown any "imminent, particularized" harm.

  • June 28, 2024

    NC Justices Revive Black Property Owners' Bias Suit

    The North Carolina Supreme Court vacated a lower court's dismissal of discrimination claims brought by Black property owners against the city of Kinston alleging that the city targeted Black-owned buildings for condemnation while preserving white-owned buildings as historical, ruling Friday that the lower court applied the wrong legal standard.

  • June 28, 2024

    Buttigieg Says Rescheduling Pot Would Not Alter DOT Policy

    If the U.S. Department of Justice were to loosen federal restrictions on marijuana as it has proposed, it would not affect the U.S. Department of Transportation's authority to screen for the drug, Transportation Secretary Pete Buttigieg told members of Congress.

  • June 28, 2024

    House Passes Contentious $833B Defense Spending Bill

    The U.S. House of Representatives on Friday passed an $833 billion bill funding the Pentagon for 2025, amid a veto threat over contentious issues such as cutting funding for Ukraine and a bar on gender-affirming care.

  • June 28, 2024

    Chevron Reversal's Impact In Trade Cases Likely Limited

    The U.S. Supreme Court's decision on Friday overturning Chevron deference is expected to have wide-ranging impacts, but its effect may be less harsh on international trade litigation where the field is virtually clear of cases invoking the now-defunct standard.  

  • June 28, 2024

    Patent Office Asks For Comments On 'Experimental Use'

    The U.S. Patent and Trademark Office has indicated that it wants to hear what attorneys think about the current state of the "experimental use exception," which permits individuals to infringe a patent when the use is for "philosophical," not commercial, pursuits.

  • June 28, 2024

    Condo Seeks Bar On Enforcement Of Corp. Transparency Act

    A Boston condominium association has asked a federal judge to shield it and other Massachusetts condo boards from enforcement of an anti-money laundering measure, saying the requirement to submit personal information to a government database creates an undue and unnecessary burden on volunteer organizations.

  • June 28, 2024

    DC Circ. Panel Rejects Mich. Tribe's Casino Land Trust Bid

    A D.C. appellate court panel on Friday rejected a Michigan tribe's bid to compel the federal government to take land into trust for a casino venture outside Detroit, saying the court is not convinced that the tribe's proposal to channel a portion of the profits into the tribal community's unmet needs is lawful.

  • June 28, 2024

    More Legal Aid Attys Move To Addiction Epidemic Frontlines

    Aided in part by an influx of settlement money from opioid litigation, a growing number of legal aid groups are offering programs aimed at individuals and families hurt by the addiction crisis, helping them navigate civil legal issues like driver’s license reinstatements, custody and domestic violence issues, and navigating public health benefits.

  • June 28, 2024

    DC Access To Justice Leader On Making Courts User-Friendly

    Erin Larkin, the first director of the D.C. Courts’ newly created Access to Justice unit, recently spoke with Law360 about plans to boost efforts to connect people with legal services and make the courts more accessible.

Expert Analysis

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

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    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

  • What The NYSE Proposed Delisting Rule Could Mean For Cos.

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    The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.

  • Opinion

    New Guidance On Guilty Plea Withdrawals Is Long Past Due

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    In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.

  • The Uncertain Scope Of The First Financial Fair Access Laws

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    With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • 2 Regulatory Approaches To Psychedelic Clinical Trials

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    Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Best Practices For Responding To CBP's Solar Questionnaire

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    U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.

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