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Public Policy
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November 15, 2024
Texas Justices Say Subpoena Can't Pause Roberson Death
The Texas Supreme Court on Friday said that a group of bipartisan Lone Star State legislators can't use its committee's subpoena power to pause the execution of a man convicted based on a "shaken baby syndrome" diagnosis.
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November 15, 2024
Biden Withdraws Cohen Weiss Atty's PBGC Nomination
President Joe Biden has withdrawn his nomination of a Cohen Weiss & Simon LLP attorney to lead the Pension Benefit Guaranty Corp., four months after putting her name forward and less than two weeks after former President Donald Trump secured a return to the White House.
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November 14, 2024
Trump Picks ND Gov. To Lead Interior Dept.
President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.
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November 14, 2024
Volleyball Players, Coach Sue To Ban SJSU Trans Athlete
Female college volleyball players and a suspended San Jose State University coach urged a Colorado federal court on Wednesday to ban a transgender athlete from competition, alleging in a new suit that the Mountain West Conference and others discriminated against female athletes by keeping the outside hitter on SJSU's roster.
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November 14, 2024
DC Circ. Doubts Standing In Challenge To Grid Project Perk
A D.C. Circuit panel expressed skepticism Thursday that a coalition of energy consumers have standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project.
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November 14, 2024
Trump's RFK Jr. Pick For HHS Draws Its Share Of Critics
The nomination of Robert F. Kennedy Jr. — well-known for his opposition to vaccines — as the secretary of the U.S. Department of Health and Human Services is President-elect Donald Trump's latest controversial pick for his administration, and one that could disrupt the U.S. Food and Drug Administration and its mission.
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November 14, 2024
DHS, ICE Accused Of Not Making Detainee Records Available
The U.S. Department of Homeland Security's withholding of documents used to assess the treatment of individuals in immigration custody is frustrating the University of Washington's "legislatively mandated mission" of expanding human rights education, the university alleged Wednesday in Washington federal court.
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November 14, 2024
Student Loan Servicer Wants CFPB Deal Paused Amid Appeal
The Pennsylvania Higher Education Assistance Agency has asked a Pennsylvania federal judge to pause its obligation to pay more than $3.2 million as a part of a settlement with the Consumer Financial Protection Bureau that is being challenged in the Third Circuit by a third party.
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November 14, 2024
Florida AG Says FEMA Failed Trump Supporters After Storms
The Florida Attorney General's Office announced Thursday it has launched a federal lawsuit against the Federal Emergency Management Agency's administrator and a fired agency official over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of President-elect Donald Trump.
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November 14, 2024
Trade Groups Back Red States In EPA Water Rule Dispute
A slew of trade groups have joined a dozen red states in urging a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring all states in the nation to consider tribal treaty rights when they set their water quality standards.
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November 14, 2024
Biden Admin Backs Controversial Alaskan Land Swap, Road
The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.
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November 14, 2024
5th Circ. Judge Pummels Judicial Integrity Critics
Fifth Circuit Judge Edith H. Jones co-opted a panel discussion Thursday to denounce the rise in criticism over purported judge shopping, especially in relation to Texas judges who handled a large portion of lawsuits challenging Biden administration policies, and called on legal groups to do more to defend the judiciary's integrity.
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November 14, 2024
CFPB Orders Prison Telecom, Payment Provider To Pay $3M
The Consumer Financial Protection Bureau announced Thursday it has instructed one of the largest prison service providers to pay $3 million to settle claims tied to the company's money transfer and telecommunications businesses, including a claim alleging it froze and drained incarcerated individuals' accounts.
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November 14, 2024
Split 5th Circ. Axes Student's Bias Suit Over Right-Wing Beliefs
An equally divided en banc Fifth Circuit on Thursday refused to revive a high school student's race discrimination suit against his Texas school district, finding that most of the bullying the student allegedly experienced was based on his support of President-elect Donald Trump and conservative viewpoints, not his race.
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November 14, 2024
DOD Wants Contractors To Report Foreign Code Sharing
The U.S. Department of Defense issued a proposed rule on Thursday requiring technology and weapons vendors to reveal whether they share source code with foreign governments, in an effort to curb potential cybersecurity risks.
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November 14, 2024
Crypto And Private Fund Groups Push SEC On Dealer Rule
Crypto industry groups and private fund associations tag-teamed the U.S. Securities and Exchange Commission on Thursday during a hearing over two cases relating to the agency's expanded definition of securities dealers, telling a Texas federal court that the new rule marked a dramatic overreach by the regulator.
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November 14, 2024
Judge Floats Musk Hypo As AT&T Exec Seeks Acquittal
An Illinois federal judge posed a hypothetical to federal prosecutors Thursday asking whether it would be a bribery violation if Elon Musk donated heavily to support a presidential candidate who would likely reward him if he wins, as he weighs a former AT&T executive's attempt to avoid a retrial on charges he bribed ex-Illinois House Speaker Michael Madigan.
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November 14, 2024
FCC Extends Freeze On Rate Of Return Carrier Cost Rules
A long-running freeze on a wireline cost allocation regime has been extended by the Federal Communications Commission for another six years, with the agency saying that it's finally time to explore making the fix permanent after nearly a quarter century of temporary freezes.
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November 14, 2024
Biden's Final Options To Fortify Immigration System
The incoming Trump administration, poised to cull legal immigration programs, has immigration advocates hoping President Joe Biden will act quickly to extend work permits, firm up proposed changes to the H-1B visa program, and otherwise fortify the system against future changes.
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November 14, 2024
NYC Speeds Away From Taxi Drivers' RICO Claim
New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."
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November 14, 2024
AT&T Questions FCC's Legal Authority Over 'Unlocking' Rule
AT&T has told the Federal Communications Commission that its proposal requiring mobile providers to unlock a customer's device within 60 days of signing up won't stand up in court.
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November 14, 2024
Wash. Justices Seem Split On Cannabis Co. Wage Suit
The Washington State Supreme Court wrestled Thursday with whether the state labor department jumped the gun on filing an unpaid-wages suit against a marijuana company, with one justice questioning if the department exceeded its powers and another expressing concern that lax enforcement would allow companies to skip payments for years.
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November 14, 2024
All Merger Fixes 'Should Be On Table,' FTC's Holyoak Says
One of the Federal Trade Commission's Republican members on Thursday signaled a significant softening of the Biden era's tough stance against merger remedies meant to fix otherwise problematic mergers is likely once the GOP takes the majority at the agency.
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November 14, 2024
FTC's Holyoak Says New Comment Portal Shows Merger Bias
Federal Trade Commissioner Melissa Holyoak said Thursday the design of a new portal allowing the public to comment on pending deals shows signs of the current leadership's view that all mergers are bad.
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November 14, 2024
Senate Panel Delays Votes On Patent Eligibility And PTAB Bills
The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.
Expert Analysis
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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Staying Off The CFPB's Financial Services Offender Registry
The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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New HHS Research Misconduct Rules Bring Seismic Changes
The U.S. Department of Health and Human Services' new rule regarding research misconduct investigations brings significant changes that focus on remediation, appeals and confidentiality, while other changes could result in institutions causing undue harm to scientists accused of such misconduct, say attorneys at Cohen Seglias.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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What FDIC Expansion Of Change In Bank Control Could Mean
A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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What's Inside Feds' Latest Bank Merger Review Proposals
Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.