Public Policy

  • November 19, 2024

    SF Urges Calif. Panel To Rethink Waymo City Approval

    The city and county of San Francisco urged a California appellate court Tuesday to find the California Public Utilities Commission abused its discretion in allowing Waymo to operate self-driving vehicles on city streets without imposing requirements, arguing "there are no guardrails" even though the cars pose serious safety hazards.

  • November 19, 2024

    Senators Blast Visa And Mastercard, Promise Action On Fees

    A bipartisan group of Senate Judiciary Committee members blasted executives from Visa and Mastercard on Tuesday over swipe fees charged to merchants, promising to rein in what the lawmakers called the companies' monopoly on credit card payments if they do not change their practices.

  • November 19, 2024

    LA Waterkeeper Sues Union Pacific Over Pollution Controls

    The Los Angeles Waterkeeper slapped Union Pacific Railroad Co. with a complaint in California federal court, alleging the company's failure to implement pollution controls at four industrial facilities has led to hazardous discharges of heavy metals and oils into the San Jose Creek, San Gabriel River and other bodies of water.

  • November 19, 2024

    Pa. Candidates Launch Litigation Blitz To Settle Tight Race

    With Republican U.S. Senate candidate Dave McCormick ahead of incumbent Democrat Bob Casey by fewer than 18,000 votes in Pennsylvania's unofficial count Tuesday, the candidates and their political parties have turned to filing lawsuits against individual counties over their decisions to include or exclude relatively small numbers of provisional ballots in their totals.

  • November 19, 2024

    Ga. Panel Says 190-Year-Old Marshland Grant Is Valid

    A Georgia appellate court has sided with a company seeking to retain ownership of 1,000 acres of Georgia coastal marshland by using an 1834 document in which the state granted the land to the company's predecessor-in-title.

  • November 19, 2024

    Utah Counties, Feds Ask Justices To Restore Rail Oil Project

    Utah counties and the federal government fired back at a Colorado county's attempt to affirm a D.C. Circuit ruling that overturned federal approval of a rail project intended to haul crude oil out of Utah's Uinta Basin, telling the U.S. Supreme Court in separate briefs the county's understanding of the National Environmental Policy Act is incorrect.

  • November 19, 2024

    NC Lt. Gov.'s Defamation Spat With CNN Tapped For Mediation

    North Carolina Lt. Gov. Mark Robinson, a 2024 gubernatorial candidate who sued CNN over a story about his alleged posts on a porn site, is having his defamation case moved to mediation, according to a Tuesday filing.

  • November 19, 2024

    Chicago Transit Authority Hit With Genetic Privacy Lawsuit

    The Chicago Transit Authority is facing a new lawsuit in Illinois state court that was brought by job applicants, who allege the agency's questions about family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.

  • November 19, 2024

    G20 To Cooperate On Soft Law For Taxing Ultra-Wealthy

    Leaders of the world's largest economies intend to cooperate on taxing "ultra-high-net-worth individuals" through soft law approaches such as exchanging best practices and creating model policies that address tax avoidance, according to a Group of 20 Nations declaration.

  • November 19, 2024

    Recount Underway In Tight NC Supreme Court Race

    The votes for a North Carolina Supreme Court seat that Democratic incumbent Justice Allison Riggs has clinched by a narrow margin will be recounted starting Wednesday, at the behest of her Republican opponent, according to the state Board of Elections.

  • November 19, 2024

    Claims Court Won't Toss $40B Ligado Spectrum Takings Case

    A Court of Federal Claims judge has allowed Ligado Networks' $40 billion suit against the federal government over an alleged unconstitutional taking of licensed 5G spectrum to move forward, saying the claims court had jurisdiction over the dispute.

  • November 19, 2024

    In 'Perplexing' Move, Ga. Appeals Court Cuts Trump Oral Args

    Attorneys described the Georgia Court of Appeals' decision this week to cancel oral arguments over whether Fulton County District Attorney Fani Willis should be disqualified from the election interference case against former President Donald Trump and his co-defendants as "perplexing," saying it may be the result of Trump's recent reelection or simply having enough information already to make a decision.

  • November 19, 2024

    Caseload Too Large For Ally Visa Processing Plan, Feds Say

    The Biden administration told a D.C. federal judge Monday that a revised plan to process special visas for Afghan and Iraqi allies is unrealistic due to an uptick in applications it received following the U.S. withdrawal from Afghanistan.

  • November 19, 2024

    Trump Taps Dr. Oz For CMS Head

    President-elect Donald Trump announced on Tuesday he will nominate TV personality Dr. Mehmet Oz to be administrator of the Centers for Medicare & Medicaid Services.

  • November 19, 2024

    Ex-NJ Prosecutor Seeks To Revive Claims Over Resignation

    A former Garden State county prosecutor has asked a state court to rethink its dismissal of his claim that his resignation was involuntary, arguing the court only partially addressed one of the two legal theories raised.

  • November 19, 2024

    US Chamber, Biz Groups Back Halt Of Ill. Temp Worker Law

    The U.S. Chamber of Commerce and other organizations backed a bid by a group of staffing associations and agencies to block enforcement of an Illinois law mandating benefits for long-term temporary workers, saying the amended law still distorts the Employee Retirement Income Security Act.

  • November 19, 2024

    Senate Confirms Oregon Judge Following Many GOP Hurdles

    The Senate voted 51-44 on Tuesday to confirm Magistrate Judge Mustafa Taher Kasubhai to the District of Oregon following hours of Republicans' delay tactics the night before.

  • November 19, 2024

    DHS Says It Conducted Another Removal Flight To China

    The U.S. Department of Homeland Security said it has conducted another chartered removal flight to China, marking the third time in six months that U.S. Immigration and Customs Enforcement has deported Chinese nationals via flight.

  • November 19, 2024

    1st Circ. Won't Pause Prison Phone Rate Caps

    The First Circuit said it won't stop the Federal Communications Commission from enforcing new caps on rates charged for prison phone calls while service providers challenge the rules in court.

  • November 19, 2024

    Unjust PJM Power Auction Rules Must Be Redone, FERC Told

    State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.

  • November 19, 2024

    Trump Names Wall St. Exec For Chief Commerce Role

    Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.

  • November 19, 2024

    FDIC's Gruenberg To Exit On Eve Of Trump's Inauguration

    The Federal Deposit Insurance Corp.'s embattled chairman, Martin Gruenberg, said Tuesday that he will step down and retire from the agency before President-elect Donald Trump takes office, clearing the way for a new, likely Republican leader at the deposit insurer.

  • November 19, 2024

    RFK Stadium Bill Passes Committee, Full Senate Vote Is Next

    A bill that would give the Washington, D.C., city government control over land that could be home to a new stadium for the NFL's Commanders passed overwhelmingly Tuesday morning by the U.S. Senate Energy and Natural Resources Committee, moving it to the full Senate for approval.

  • November 19, 2024

    DA Says Trump Sentencing Could Be Delayed Until 2029

    Manhattan prosecutors on Tuesday suggested that President-elect Donald Trump's criminal sentencing could be delayed until after he serves out his next term, but urged a judge not to throw out his conviction over an alleged hush money scheme.

  • November 19, 2024

    Akin Adds Another Healthcare Expert To DC Lobbying Team

    The former chief health adviser for the Senate Finance Committee's majority has joined Akin Gump Strauss Hauer & Feld LLP's lobbying team in Washington, D.C., weeks after the firm added another healthcare advocate from the national association representing pharmacy benefit managers.

Expert Analysis

  • Bitnomial Suit Highlights Crypto Turf War Between SEC, CFTC

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    An outcome favoring Bitnomial in its recent lawsuit against the U.S. Securities and Exchange Commission could reinforce the U.S. Commodity Futures Trading Commission's authority and limit the SEC's reach in the crypto arena, illustrating the need for Congress to delineate boundaries between the agencies, says Tonya Evans at Penn State Dickinson Law.

  • False Patent Marking Claims Find New Home In Lanham Act

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    While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.

  • Digging Into CFPB's Overdraft Fee Consent Guidance

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    Although a recent Consumer Financial Protection Bureau circular may seem unassuming, a closer read reveals the bureau is escalating its clampdown on nonconsensual debit card overdraft fees by expanding financial institutions' record-retention obligations beyond a two-year statutory requirement, say attorneys at Cooley.

  • Justices Face Tough Question On HHS Hospital Pay Formula

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    In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • A Look At Insurance Coverage For Government Investigations

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    Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.

  • Key Healthcare Issues That Hinge On The Election Outcome

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    The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.

  • Ex-Chicago Politician's Case May Further Curb Fraud Theories

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    The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Crypto.com's Suit Against SEC Could Hold Major Implications

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    Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.

  • Lessons For Municipalities Facing Cyberattacks

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    With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Biden Green Card Program Unlikely To Advance Post-Election

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    Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.

  • New Export Control Guidance Raises The Stakes For Banks

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    Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.

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