Public Policy

  • December 17, 2024

    Visa Says 'Contradictory' Debit Card Market Dooms DOJ Suit

    Visa Inc. formally asked a New York federal judge Monday to nix the U.S. Department of Justice monopolization lawsuit accusing it of paying off would-be debit network rivals and penalizing the use of alternate payment systems, arguing the government cannot mix-and-match its way into claiming the company holds a dominant market share.

  • December 17, 2024

    Alaskan Native Villages Say BEAD Window Can't Open Yet

    Two Alaskan Native villages trying to force the clawback of $70 million in broadband funds want a federal court to stop the state broadband office from opening the window for BEAD applications, a request the telecoms involved have called a "brazen attempt" at seeking the same relief a different way.

  • December 17, 2024

    Revised LNG Export Study Flags Gas Price And Climate Worries

    The Biden administration on Tuesday said that unconstrained U.S. exports of liquefied natural gas would increase both domestic energy prices and cumulative greenhouse gas emissions, and retained a pause on export project reviews that President-elect Donald Trump is expected to lift upon taking office.

  • December 17, 2024

    Biden Enacts Law Setting Exception To Some USPTO Fines

    President Joe Biden signed a bill into law Tuesday that gives the U.S. Patent and Trademark Office the ability to waive fines for patent applicants who falsely claim they are entitled to fee reductions, if the error was made in good faith.

  • December 17, 2024

    Texas Judge Won't Pause Block Of Corp. Transparency Law

    A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.

  • December 17, 2024

    5th Circ. Tosses EPA Rule After Agency Loses Docs

    The Fifth Circuit on Tuesday granted the U.S. Environmental Protection Agency's unusual request that the court vacate a challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan.

  • December 17, 2024

    House GOP Asks CVS How Its PBM Treats Smaller Pharmacies

    Lawmakers on Capitol Hill are demanding documents from CVS on its pharmacy benefit manager's treatment of independent pharmacies, continuing to press the healthcare giant over potentially anticompetitive conduct.

  • December 17, 2024

    The Biggest Georgia Legal Developments Of 2024

    From navigating bombshell prosecutor romance allegations in the Georgia election interference case against President-elect Donald Trump and his co-defendants to vacating a $1.7 billion verdict against Ford Motor Co. in a fatal "Super Duty" rollover case, to seeing the state's longest-running criminal trial to a close, 2024 was a busy year for courts in the Peach State. 

  • December 17, 2024

    CFPB Finalizes Rule For PACE Loans

    The Consumer Financial Protection Bureau on Tuesday finalized a rule that applies standard mortgage protections to so-called Property Assessed Clean Energy loans, where homeowners pay for upgrades through property tax bills.

  • December 17, 2024

    DHS Unveils H-1B Overhaul As Biden Admin Winds Down

    The U.S. Department of Homeland Security on Tuesday unveiled its highly anticipated overhaul of the H-1B visa program for foreign specialty workers, codifying deference to prior approvals and tightening eligibility standards for the kinds of occupations that qualify.

  • December 17, 2024

    3M Fights Michigan's Mootness Claims In PFAS Rule Suit

    Michigan is wrong to allege that 3M's challenge to rules on PFAS in tap water is moot, the company has told the state Supreme Court, claiming it will still be affected by the challenged regulations despite the state's arguments that new regulations supersede them.

  • December 17, 2024

    Ariz. Families Seek Class Cert. Over Sober Home Living Scam

    A group of Arizona families is seeking class certification in an effort to hold the state and its healthcare agencies accountable for the so-called sober living crisis, arguing that despite knowing the magnitude of fraud that was occurring, it continued to enable the multibillion-dollar scam.

  • December 17, 2024

    Biden Admin Finalizes Revamp Of Seasonal Visa Programs

    The U.S. Department of Homeland Security on Tuesday finalized changes to the program for foreign seasonal workers that will bolster worker protections, penalize employers who impose prohibited fees and make it easier for workers to change employers.

  • December 17, 2024

    US Seeks Foreclosure To Pay 'Survivor' Winner's $3.3M Taxes

    A federal magistrate judge should have recommended allowing the U.S. government to foreclose on two properties it claims are controlled by a winner of the "Survivor" TV series who owes $3.3 million in taxes, the government told a Rhode Island federal court.

  • December 17, 2024

    Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative

    The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.

  • December 17, 2024

    Tulsa Tribal Jurisdiction Fight Is Paused For Settlement Talks

    An Oklahoma federal judge has hit pause on a dispute between the Muscogee (Creek) Nation and the city of Tulsa over jurisdictional rights after the parties asked for time to participate in settlement discussions.

  • December 17, 2024

    Senate Dem's Bill Would Mandate New FCC Outage Reports

    Networks that receive funding to help them rebound from climate-related disasters would need to file new reports of outages to the Federal Communications Commission under a Democratic bill filed in the U.S. Senate.

  • December 17, 2024

    Nevada Defeats DOJ Military Bias Suit Over Pension Credits

    A Nevada federal judge tossed the U.S. Department of Justice's suit claiming Nevada and its public employees' retirement system overcharged service members for pension credits, ruling that a law protecting troops' reemployment rights doesn't let service members beef up their retirement benefits at a discounted rate.

  • December 17, 2024

    Split Pa. High Court Revives Kleinbard Fee Row Over DA Work

    The Pennsylvania Supreme Court on Tuesday revived Kleinbard LLC's bid to get Lancaster County to pay for legal work on behalf of a former district attorney, reasoning that a lower court hastily rejected the firm's factual assertions. 

  • December 17, 2024

    PG&E Secures $15B Energy Dept. Loan To Upgrade Grid

    The U.S. Department of Energy said on Tuesday that it has conditionally committed to lending Pacific Gas & Electric Co. up to $15 billion for projects aimed at expanding hydropower generation and clean energy infrastructure in California.

  • December 17, 2024

    NYC Mayor Must Face Bribery Charge For Turkish Travel Perks

    A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.

  • December 17, 2024

    NC Legal Advice Law Challenge Meets Early Demise

    A lawsuit by two paralegals and a nonprofit challenging North Carolina's ban on the unauthorized practice of law restricting who can offer legal advice has been cut short after a federal judge found the statute falls within a substantial state interest to protect its citizens.

  • December 17, 2024

    4 Recent Policy Developments Benefits Attys Should Know

    A trio of federal agencies finalized new disclosure requirements for how health plans cover mental health treatments, states took steps to regulate pharmacy benefit managers, the U.S. Department of Labor's investment advice regulations failed in court, and Congress passed legislation to make compliance with the Affordable Care Act easier. Here, Law360 looks back at four policy-related developments in the employee benefits field from the latter half of 2024.

  • December 17, 2024

    Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings

    A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."

  • December 17, 2024

    IRS Corrects Proposed Admin Requirements For Direct Pay

    The Internal Revenue Service issued a correction Tuesday to proposed regulations laying out administrative requirements for tax-exempt entities to elect out of their partnership status in order to take advantage of new rules enabling direct cash payment of clean energy tax credits.

Expert Analysis

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Marketing Messages Matter In State AG Consumer Protection

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    Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • What To Know About Fla. Civil Procedure Rule Revisions

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    While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.

  • From Football To Pickleball, Sports Investing Evolved In 2024

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    The NFL's decision to allow private-equity investments in football franchises capped off a transformative year in U.S. sports that also included landmark PE transactions in emerging sports ranging from women's soccer to pickleball, say attorneys at Weil.

  • Implications Of NY Climate Case For Generating Facilities

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    Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.

  • How CFPB Rule Would Affect Data Brokers And Beyond

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    The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

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