Public Policy

  • November 26, 2024

    EPA Asks Justices Not To Block Coal Ash Rule

    U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court Tuesday to reject a Kentucky electric utility's effort to halt a U.S. Environmental Protection Agency rule strengthening federal regulations requiring safe management of coal ash.

  • November 26, 2024

    Prosecutor Defends Outside Counsel Hires To Mich. Justices

    A Michigan county's elected prosecutor told the state Supreme Court his stymied request to seek legal advice from outside law firms was valid, arguing he should be able to consult attorneys to manage risk after the county's corporation counsel refused to represent him. 

  • November 26, 2024

    Madigan Pushed Land Transfer After Law Biz Pitch, Jury Told

    A former Chicago alderman testifying against ex-Illinois House Speaker Michael Madigan told jurors Tuesday he connected prospective developers to Madigan, who lobbied to take on their legal work and soon after pushed legislation that would clear the way for their project.

  • November 26, 2024

    Google Search Judge Says AI Will Affect Remedy Phase

    The judge overseeing the government's search monopolization case against Google suggested Tuesday in D.C. federal court that artificial intelligence is shifting the market and will likely play a role in the remedies the court imposes on Google for allegedly violating antitrust law.

  • November 26, 2024

    T-Mobile, Sprint Slam FCC Privacy Fine At DC Circ.

    T-Mobile and Sprint are asking the D.C. Circuit to knock down $92 million in fines the FCC slapped them with for selling users' sensitive location data, saying that a recent U.S. Supreme Court decision backs their contention they deserved a jury trial.

  • November 26, 2024

    Don't Undermine Existing CBRS Users, Wireless Cos. Tell FCC

    Businesses that rely on the Citizens Broadband Radio Service want the Federal Communications Commission to refrain from making any changes that could disrupt existing business users of the tiered access spectrum.

  • November 26, 2024

    Report Floats Indoor-Only Sharing For Federal Spectrum

    A public interest group is urging federal agencies to consider indoor-only use by new users across five spectrum bands currently occupied by federal users in order to allow sharing by private users without compromising the needs of military and other incumbent networks or risking interference.

  • November 26, 2024

    Officials Must Face Claims From Pot Farm Raid, Grower Says

    A farmer whose Oklahoma property was razed by state drug enforcers, allegedly causing the destruction of crops and agriculture equipment worth millions of dollars, is pushing back on efforts by law enforcement to escape his suit, saying they shouldn't get qualified immunity.

  • November 26, 2024

    Hemp Org. Warns Farm Bill Would Ban Some Legal Products

    A major hemp trade organization said Tuesday the Senate Democrats' version of the Farm Bill has some "concerning" implications for hemp that could result in product bans.

  • November 26, 2024

    Mohawk Sues PFAS Manufacturers For Fraud

    The world's largest flooring manufacturer has sued 3M Co., E.I. du Pont de Nemours and Co., The Chemours Co., and Daikin America Inc. in Georgia state court, alleging the chemical manufacturers lied about the dangers of so-called forever chemicals in order to trick the company into purchasing their products.

  • November 26, 2024

    EchoStar, Navajo Push FCC For Fixed Wireless In 12 GHz

    EchoStar Corp. and other 12 gigahertz license holders said they can provide the Navajo Nation part of that spectrum band to help deploy broadband on tribal lands if the Federal Communications Commission paves the way for fixed 5G wireless services.

  • November 26, 2024

    5th Circ. Says CFPB Payday Rule Can Take Effect Next Year

    The Fifth Circuit said Monday that the Consumer Financial Protection Bureau can begin requiring compliance with its payday lending rule in just a few months as planned, sidestepping a request from lender trade groups to keep a court-ordered stay in place for longer. 

  • November 26, 2024

    Fox News Host Beats Biden Associate's Defamation Suit

    A New York federal judge has spiked a defamation suit filed against a Fox News analyst by Anthony Bobulinski, a former business associate of Hunter Biden's, finding that an on-air erroneous comment "does not impact Bobulinski's reputation meaningfully more" than his own decisions already have.

  • November 26, 2024

    NC Governor Says $227M Hurricane Relief Bill 'Plays Politics'

    North Carolina Gov. Roy Cooper on Tuesday vetoed a Hurricane Helene disaster relief bill in which Republican lawmakers had shoehorned measures to strip his and other Democrat-controlled offices of certain powers, calling it "sham" legislation.

  • November 26, 2024

    EPA Overstepped With Methane Control Rule, DC Circ. Told

    The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.

  • November 26, 2024

    Calif. Judge Says Flores Reporting Requirements Still In Effect

    A California federal judge said the government must resume reporting data on migrant children being held in heightened supervision facilities to human rights groups under the 1997 Flores settlement, saying the Office of Refugee Resettlement should not have ceased doing so.

  • November 26, 2024

    Fulton County DA Seeks To Reinstate Trump Election Charges

    The Fulton County District Attorney's Office told the Georgia Court of Appeals on Monday that six criminal charges against President-elect Donald Trump and others should be reinstated as they have an "abundance" of information to prepare their defense against allegations of trying to subvert the results of the November 2020 election.

  • November 26, 2024

    California's Top Bank, Fintech Regulator To Exit At Year's End

    The top banking and fintech regulator for California is departing from the state's Department of Financial Protection and Innovation in a little more than a month, an agency spokesperson told Law360 on Tuesday.

  • November 26, 2024

    Illinois Landowners Blast FERC Moves On $7B Power Line

    The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.

  • November 26, 2024

    Nadine Menendez's Atty Seeks Trial Delay Due To Jan. 6 Case

    Counsel for Nadine Menendez in a bribery case that toppled her husband, former U.S. Sen. Robert Menendez, asked a New York federal judge to delay her January trial date because it would likely conflict with the trial of another client facing charges in March in the 2021 Capitol insurrection.

  • November 26, 2024

    Lawmaker-Turned-Judge Right Not To Recuse, Panel Says

    A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.

  • November 26, 2024

    Mexico Floats Retaliation Against New Trump Tariffs

    Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.

  • November 26, 2024

    UK Gov't Urged To Hold Off On Changes To Inheritance Tax

    The British Labour government should hold off on inheritance tax changes for farmers, scheduled to take effect in April, that would make gifts to their heirs taxable if they occur within seven years of the giver's death, a U.K. economics think tank said.

  • November 26, 2024

    DHS Eases Work Restrictions For Lebanese F-1 Visa Students

    The U.S. Department of Homeland Security said Tuesday that it will temporarily remove some regulatory requirements for obtaining work visas for Lebanese students, responding to the ongoing violence between Hezbollah and the Israeli military in southern Lebanon.

  • November 26, 2024

    Va. Rep. Sponsors Bill To Recognize Nottoway Tribe

    A Democratic congresswoman has introduced a bill that would give federal recognition to the Nottoway Indian Tribe of Virginia, which she said is "long-overdue."

Expert Analysis

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • New Law May Move Calif. Toward Fashion Sustainability

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    California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

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    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    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.

  • Revisiting The Crime-Fraud Exception After Key Trump Cases

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    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.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    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.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    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.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    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.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    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.

  • The Trade And Tax Issues Behind US-Canada Digital Tax Clash

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    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.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    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.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    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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