Public Policy

  • November 12, 2024

    J&J Says HHS Is Thwarting Transparency Of Drug Discounts

    Johnson & Johnson claims the U.S. Department of Health and Human Services is thwarting its efforts to crack down on hospitals the company alleges are "reaping immense profits" on reduced-price medications without passing those discounts on to patients, according to a lawsuit filed Tuesday in D.C. federal court.

  • November 12, 2024

    Tempur Sealy Merger 'Surprisingly Bold,' Competitor Testifies

    The CEO of a Utah-based mattress company told a Houston federal judge Tuesday that Tempur Sealy's proposed remedies under its $4 billion planned Mattress Firm purchase were "surprisingly bold" as the Federal Trade Commission began its case in opposition of the merger.

  • November 12, 2024

    GOP Reps. Propose Another Bill On TRIPS Waivers

    A new bill from Republicans in the U.S. House of Representatives seeks to force the Office of the U.S. Trade Representative to file a report "before the negotiation of any international agreement relating to an intellectual property right."

  • November 12, 2024

    Gorsuch Says Feds Fleeing Regs Like Vampire Facing Garlic

    U.S. Supreme Court justices on Tuesday rapped the Biden administration's inflexibility on a 60-day deadline for individuals on a self-deportation order, with Justice Neil Gorsuch saying the government is trying to ditch its own regulations like a vampire escaping garlic.

  • November 12, 2024

    University Of Washington Scores Worker Vax Suit Dismissal

    A Washington federal judge has thrown out a lawsuit by a group of healthcare workers who alleged the University of Washington denied their religious exemptions from a COVID-19 vaccination requirement, saying the university was justified in firing the workers to prevent patients and employees from being exposed to the virus.

  • November 12, 2024

    After Bribery Conviction, Insurance Mogul Cops To $2B Fraud

    An insurance mogul convicted on bribery and wire fraud charges turned himself into the U.S. Marshals Service on Tuesday in North Carolina after pleading guilty to separate charges stemming from a $2 billion scheme to defraud insurance companies, regulators and policyholders.

  • November 12, 2024

    Arkansas Fights Bid To Block Cherokee Casino Amendment

    Arkansas is looking to dismiss a challenge by two Cherokee Nation businesses that seeks to block an amendment revoking one of the tribal entities' casino gaming license, arguing that "the glaring obstacle" of the Eleventh Amendment bars lawsuits against states in federal court.

  • November 12, 2024

    Stop Bank Impersonation Scams 'Without Delay,' FCC Told

    Several banking organizations and a consumer rights group urged the Federal Communications Commission to forge ahead on rules aimed at stamping out scam texts that fraudsters use to impersonate banks.

  • November 12, 2024

    Kentucky Plunges Into 2nd Challenge To Waters Of US Rule

    Kentucky has refiled its lawsuit challenging the U.S. Environmental Protection Agency's rule defining the scope of the federal government's jurisdiction under the Clean Water Act, after the Sixth Circuit found that a federal district judge improperly dismissed the case.

  • November 12, 2024

    2nd Circ. Wary Of Ex-Yale Student's Bid For Asylum Evidence

    A Second Circuit panel on Tuesday seemed skeptical of an emergency bid by an acquitted onetime Yale University student to transmit a trial transcript containing his sexual assault accuser's name to immigration authorities despite a magistrate judge's ban on revealing the woman's identity, hinting that more litigation might be necessary.

  • November 12, 2024

    Ga. Health Board Fired Worker For Reporting Bias, Suit Says

    The Fulton County Board of Health has been sued in Georgia federal court by a white former employee who alleges she was suspended from her job and then fired for reporting racial discrimination.

  • November 12, 2024

    EPA Finalizes Waste Emissions Charge For Oil, Gas Facilities

    The U.S. Environmental Protection Agency on Tuesday issued a final rule implementing a waste emissions charge aimed at slashing methane emissions from high-emitting oil and gas facilities by 1.2 million metric tons through 2035.

  • November 12, 2024

    Trump's 'Pro-Business' Agenda Could Be A Boon For M&A

    President-elect Donald Trump's "pro-business" priorities and an anticipated relaxation of antitrust scrutiny are expected to boost mergers and acquisitions activity, but his tariff plan may have mixed results across sectors — and select deals could be subject to his "unpredictability," attorneys told Law360.

  • November 12, 2024

    Nuke Discharge Law Doesn't Usurp Feds, NY Says

    A New York state law banning discharges of radioactive material into the Hudson River is aimed at protecting the local economy as the Indian Point nuclear power plant is decommissioned and therefore isn't federally preempted, the Empire State told a federal judge Friday.

  • November 12, 2024

    Palin, NYT Set For April Retrial In Defamation Case

    Sarah Palin's retrial against The New York Times over defamation claims will start April 14, a New York federal judge ruled Tuesday after calling the parties' requests for a July date "out of the question."

  • November 12, 2024

    Freshfields Adds Ex-DOJ Atty To Co-Lead Investigations Team

    Freshfields has added the former associate deputy attorney general at the U.S. Department of Justice as the firm's new co-chair of its congressional investigations team, according to an announcement Tuesday.

  • November 12, 2024

    Pennsylvania Atty Text Solicitation Ban Stands, For Now

    A Pennsylvania federal judge on Tuesday declined to temporarily halt the state's prohibition on attorneys soliciting potential clients using text messages while litigation filed by a legal marketer over the legality of the ban plays out, reasoning that there was no threat of irreparable harm to the company.

  • November 12, 2024

    Vidal To Leave USPTO For Private Sector

    U.S. Patent and Trademark Office Director Kathi Vidal is stepping down from her role at the agency and will be heading back to the private sector in mid-December, she said in a Tuesday letter.

  • November 12, 2024

    Ohio Judge Reverses Senior Status Plans Post-Election

    Following last week's election, a federal judge for the Southern District of Ohio has reversed his decision to take semi-retired status, leaving President-elect Donald Trump with one fewer judicial vacancy to fill. 

  • November 12, 2024

    10th Circ. Backs Arbitration Denial In Distributor's OT Suit

    The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.

  • November 12, 2024

    Justice Alito Calls Bid To Unfreeze Spousal Parole Rule Moot

    Justice Samuel Alito denied as moot Tuesday an immigrant rights group's bid to withdraw a Texas court order freezing a new program that would have allowed certain noncitizen spouses and stepchildren of U.S. citizens to stay in the United States while applying for legal status.

  • November 12, 2024

    Missouri Appeals Court Quashes County Cannabis Taxes

    The Missouri Constitution bars counties from levying taxes on cannabis sales made inside incorporated municipalities that can impose their own taxes, a state appeals court held Tuesday in ruling in favor of a dispensary that challenged two counties' taxes.

  • November 12, 2024

    Jury Holds CACI Liable For $42M Over Abu Ghraib Torture

    A Virginia federal jury ruled Tuesday that defense contractor CACI must pay $42 million to former prisoners at Iraq's Abu Ghraib military prison, finding it conspired in their torture by the U.S. military.

  • November 12, 2024

    Trump's NY Case Paused As DA Weighs Impact Of Election

    A New York state judge agreed to a joint motion to freeze the proceedings in Donald Trump's hush money case following his electoral victory last week, allowing the Manhattan district attorney time to brief the court on "appropriate steps going forward."

  • November 12, 2024

    High Court Declines Remaining NY Rent Stabilization Suits

    The U.S. Supreme Court will not probe a Second Circuit decision upholding a lower court's dismissal of two suits challenging distinct provisions of New York's Housing Stability and Tenant Protection Act of 2019, a contentious tenant-friendly change to state rental regulations.

Expert Analysis

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Taking Stock Of FCC's New Spectrum Rule For Drones

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    While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.

  • Basel Endgame Rules: A Change Is Coming

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    The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.

  • Ruling On Foreign Dividend Break Offers 2 Tax Court Insights

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    In Varian v. Commissioner, the U.S. Tax Court allowed a taxpayer's deduction for dividends from foreign subsidiaries, providing clarity on how the U.S. Supreme Court’s Loper Bright decision may affect challenges to Treasury regulations, and revealing a potential disallowance of foreign tax credits, say attorneys at Davis Polk.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • What PCOAB's Broadened Liability Rule Means For Auditors

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    The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.

  • USPTO Guidance Suggests 2 Strategies For AI Inventions

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    Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • 4 Takeaways From The FDIC's Proposed Recordkeeping Rule

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    The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Navigating Restrictions Following Biotech Bill House Passage

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    Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • Presidents And Precedents May Direct Khan's Future Course

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    While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.

  • SEC Settlement Holds Important Pay-To-Play Lessons

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    The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.

  • What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law

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    Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.

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