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Public Policy
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July 09, 2024
Fla. Agrees To Stronger CWA Protections For Piney Point Site
Conservation groups said they've reached an agreement with the Florida Department of Environmental Protection to settle litigation over a phosphogypsum facility in Manatee County, with state regulators agreeing to a draft Clean Water Act permit for the site.
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July 09, 2024
Fed's Powell Backs Do-Over For Basel Bank Capital Plan
Federal Reserve Chair Jerome Powell told senators on Tuesday that he supports a reproposal of federal regulators' Basel III endgame overhaul to big-bank capital requirements, suggesting the package is being rethought significantly enough to merit a whole new draft before it can be finalized.
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July 09, 2024
Newman Loses Suit Against Fed. Circ. Over Suspension
A D.C. federal judge on Tuesday dismissed the lawsuit Federal Circuit Judge Pauline Newman filed against her colleagues over her suspension for refusing to undergo medical tests, saying she failed to prove the judicial conduct law at issue is unconstitutional.
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July 09, 2024
Ark. Group Gets 100K Signatures For Medical Pot Expansion
An Arkansas cannabis advocacy group has collected more than 100,000 signatures in favor of expanding the state's medical marijuana program, more than enough to get an initiative on the state's ballot this November, the state announced Friday.
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July 08, 2024
Resigning US Judge Had 'Sexualized Relationship' With Clerk
U.S. District Judge Joshua Kindred of the District of Alaska, who abruptly announced his resignation last week, had a "sexualized relationship" with his clerk, including sexual encounters with her shortly after she left her clerkship and joined the U.S. Attorney's Office, according to an order issued Monday by the Judicial Council of the Ninth Circuit.
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July 08, 2024
Giuliani's Creditors Call Ch. 7 Conversion Bid A 'Delay Game'
Rudy Giuliani's unsecured creditors in his Chapter 11 case on Monday slammed the former New York City mayor's bid in New York bankruptcy court to convert the proceedings to a liquidation, saying the move is just another part of his "delay game" to avoid discovery and "responsibility for his malfeasance."
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July 08, 2024
Migrants Want Another Try In Martha's Vineyard Flight Suit
Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.
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July 08, 2024
Maple Leaf Must Go The Way Of Chevron, Solar Cos. Say
Last month's U.S. Supreme Court decision overturning 40 years of judicial deference to federal agencies' read of statutes puts the Federal Circuit's own brand of executive branch acquiescence squarely on the chopping block, a solar industry group said Monday.
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July 08, 2024
Orgs Worry FCC Could Overreach On Network Security
The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.
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July 08, 2024
Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told
Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.
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July 08, 2024
FDIC Downgrades Green-Focused Bank On CRA Exam
The Federal Deposit Insurance Corp. has dinged Forbright Bank, a sustainability minded bank started by former Democratic presidential candidate John Delaney, over an allegedly "illegal credit practice" tied to a since-discontinued third-party partnership, lowering its latest community lending exam grade.
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July 08, 2024
Senate Confirms 7th Circ. Judge GOP Slammed For Backlog
The Senate voted 47-43 on Monday evening to confirm U.S. District Judge Nancy L. Maldonado to the Seventh Circuit.
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July 08, 2024
Federal Circuit Doubts Impropriety Of $4K H-1B Fraud Fee
A Federal Circuit panel seemed unpersuaded Monday by an argument from software companies that a $4,000 fraud fee for H-1B visa petitions does not apply to noncitizens in the U.S. seeking to change their nonimmigrant visa status to H-1B.
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July 08, 2024
Texas Anesthesia Co. Can't Pause Or Appeal Suit, FTC Says
The Federal Trade Commission urged a Texas federal court not to pause its suit accusing U.S. Anesthesia Partners Inc. of a monopolistic "roll-up" of Lone Star State anesthesia practices, arguing the company can't appeal an order refusing to toss the case against it.
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July 08, 2024
Ways And Means To Vote On Section 529 Tax Bills
The House Ways and Means Committee is scheduled to vote Tuesday on several education-related tax bills, including legislation that would make additional elementary and secondary school expenses eligible for tax-advantaged education savings accounts.
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July 08, 2024
Suit Alleging NY Pot Kickbacks Moved To Federal Court
An Illinois security company is suing New York's cannabis authority for $300 million claiming that one of its board members convinced the business to do free surveillance camera work by promising it a state contract that never came, according to a lawsuit removed to federal court.
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July 08, 2024
Menendez 'Put Power Up For Sale,' Feds Say In Closing
Sen. Robert Menendez "put his power up for sale" in a slew of bribes often brokered by his wife but for which the New Jersey lawmaker was always "calling the shots," a Manhattan federal prosecutor said during closing arguments in the high-profile trial Monday.
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July 08, 2024
NC Tax On Premiums Lowered For Some Insurance Cos.
North Carolina will reduce its tax on premiums paid in the state to some out-of-state liability insurance groups under a bill signed by Gov. Roy Cooper.
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July 08, 2024
Nasdaq Seeks Tighter Listing Rules On Reverse Stock Splits
Nasdaq wants to tighten its rules so companies that raise their share prices through reverse stock splits to avoid being delisted don't obtain more time to regain compliance if the reverse split triggers another violation.
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July 08, 2024
Philly Charter School Exec Sentenced To 1½ Years In Prison
Shahied Dawan, a former nonprofit executive for a Philadelphia charter school and low-income housing nonprofit founded by R&B producer Kenny Gamble, was sentenced to 18 months in prison Monday for conspiring to conceal embezzlement from the organization.
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July 08, 2024
Pro-Trade Policies Outpace Barriers Amid Strains, WTO Says
Countries are moving to open themselves up to increased trade, even as armed conflicts, tense geopolitics and the effects of climate change continue to destabilize supply chains, the World Trade Organization said in a report released Monday.
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July 08, 2024
BLM Faces Challenges To Alaska Oil Reserve Protections
The state of Alaska and a nonprofit group are seeking to vacate a federal rule ensuring maximum environmental protections for more than 13.1 million acres in the state's National Petroleum Reserve and banning new oil and gas leasing on another 10.6 million acres, arguing the new law turns the land into a "de facto" wilderness.
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July 08, 2024
Tribe Says NY Counties Want It To Pay For 911 Access
The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.
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July 08, 2024
Feds Aim To Expand Military Site List For Land Deal Reviews
The U.S. Department of the Treasury on Monday proposed putting 59 more military sites on its radar when it reviews real estate deals for national security issues, a move that comes on the heels of the White House's crackdown on a Chinese-owned cryptocurrency mine near a Wyoming air base.
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July 08, 2024
NJ Cops Claim Retaliation After Uncovering Prosecutor Fraud
A detective and a lieutenant with the Warren County Prosecutor's Office have launched a whistleblower lawsuit in New Jersey state court alleging retaliation for their part in uncovering an alleged fraud scheme to improperly collect state grant funds, as detailed in an April special investigator's report.
Expert Analysis
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Takeaways From New HHS Substance Use Disorder Info Rules
A new U.S. Department of Health and Human Services rule continues the agency's efforts to harmonize complex rules surrounding confidentiality provisions for substance use disorder patient records, though healthcare providers will need to remain mindful of different potentially applicable requirements and changes that their compliance structures may require, say attorneys at Ropes & Gray.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.