Public Policy

  • August 02, 2024

    FCC Beefs Up Compensation For Phone Caption Services

    The Federal Communications Commission has agreed to a five-year plan that raises compensation for internet-enabled phone caption providers, although Republican commissioners balked at details of the plan and one called on the FCC to move toward greater use of automation technologies.

  • August 02, 2024

    DOJ Sues TikTok For Sweeping Children's Privacy Breaches

    The U.S. Department of Justice on Friday hit TikTok and its parent company with a highly anticipated lawsuit accusing the short-form video app of engaging in "widespread" violations of children's privacy law by collecting a "wide variety" of personal information from kids under 13 without parental consent. 

  • August 01, 2024

    More 'Equitable' Banking? This Ex-Biden Official Has A Plan

    A former Biden U.S. Treasury Department official on Thursday outlined a progressive policy agenda that could provide a road map for bank regulators in the next administration, saying there's more that can and should be done to make the banking system stronger and fairer.

  • August 01, 2024

    Monsanto Wants Wash. Justices To Deny PCB Tort Petition

    Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.

  • August 01, 2024

    Texas Biz Court Costs Unlikely To Be Prohibitive, Experts Say

    The Texas business court's fee schedule is unlikely to price potential litigants out, but many questions remain about the efficiency of the new venue's fee schedule, experts told Law360.

  • August 01, 2024

    Mich. Justices Uphold Tighter Manure Discharge Regs

    A split Michigan Supreme Court on Wednesday upheld state regulators' increased protective permit conditions for animal feeding operations and said challengers to those conditions must fully exhaust administrative appeals before they can bring the issue to court.

  • August 01, 2024

    DOJ Unveils Whistleblower Pilot, But Garners Atty Criticism

    The U.S. Department of Justice on Thursday officially launched its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct, although some whistleblower attorneys decried the program's award caps and what they described as its lack of enforceability.

  • August 01, 2024

    Calif. AG Says States Opposing 'Clean Fleets' Law Tout EVs

    California's Attorney General Rob Bonta looked to slam the brakes Wednesday on a legal challenge brought by 16 states against the Golden State's Advanced Clean Fleets regulation, saying the complaint must be dismissed for lack of standing because the states themselves are encouraging electric vehicle production.

  • August 01, 2024

    Conservation Groups Take Aim At ESA Regs

    Conservation groups are asking a California federal judge to throw out Endangered Species Act regulations put forward earlier this year, claiming federal agencies shortchanged their environmental review duties and moved ahead with changes that will harm the imperiled plants and animals the statute is supposed to protect.

  • August 01, 2024

    Feds Say Farmworkers Should Have Sued State Over Wages

    The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.

  • August 01, 2024

    Google Beats RNC's Claims It Censored Fundraising Emails

    A California federal judge on Wednesday tossed the Republican National Committee's lawsuit accusing Google of being politically motivated and violating the state's Unfair Competition Law by sending RNC fundraising emails to Gmail users' spam folders, finding the conduct may be unfair in a "colloquial" sense, but is not illegal.

  • August 01, 2024

    Apple Says DOJ Is Looking For 'Judicial Redesign' Of IPhone

    Apple Inc. urged a New Jersey federal judge Thursday to throw out the U.S. Department of Justice's antitrust lawsuit, calling claims of restricted app access meant to lock users into the iPhone as a government effort to control protocols the company contends are needed to ensure security and reliability.

  • August 01, 2024

    Bill To Vet Cos. Seeking Broadband Aid Advances In Senate

    A U.S. Senate panel has moved legislation that would put tighter controls on approval of companies that apply for federal aid to assist with broadband network deployment.

  • August 01, 2024

    House Workforce Chair Wants Mental Health Parity Regs Axed

    The Republican chairwoman of the House Education and the Workforce Committee told the U.S. Department of Labor on Thursday it should not finalize regulations that aim to encourage employer compliance with a law requiring equitable mental health and substance use disorder treatments coverage, stating the rule burdens businesses.

  • August 01, 2024

    Mich. Regulators Sue Co. For Bringing In Out-of-State THC

    A Michigan-based maker of edibles, vapes and other cannabinoid goods is in hot water with state regulators, which filed a complaint accusing the business of incorrectly reporting shipments of 130,000 grams of cannabis concentrate brought in from outside the state.

  • August 02, 2024

    Meet The 4 Washington Supreme Court Hopefuls

    A career civil litigator, Seattle-area municipal judge, Naval officer-turned-tax attorney and solo family law practitioner are all vying this month for an open seat on Washington state's high court.

  • August 01, 2024

    Justices Uphold Chancery Toss Of Church COVID Suit

    Two religious leaders in Delaware who sued over restrictions the state imposed during the COVID-19 pandemic waited too long to file the case and have no standing to proceed with their claims, Delaware's Supreme Court ruled Thursday, upholding dismissals by both the Superior and Chancery courts.

  • August 01, 2024

    Pirate Broadcaster Hit With Max Fine For Ignoring FCC

    If the FCC could have fined the pirate radio station that it says has been operating out of the Bronx for years a penny more, it would have, but the agency ended up levying the maximum fine of just over $2.3 million against the operator of the station.

  • August 01, 2024

    6th Circ. Puts Net Neutrality Rule On Ice During Appeals

    The Sixth Circuit on Thursday granted industry groups' bid to put a hold on the Federal Communications Commission's net neutrality rules while appellate court challenges play out, saying there is a strong chance that internet service providers will eventually prevail.

  • August 01, 2024

    EU Approves $18B Grain Deal With Asset Sales

    European enforcers on Thursday approved grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. in an $18 billion deal, conditioned on the sale of Viterra's oilseed businesses in Hungary and Poland.

  • August 01, 2024

    Nokia Backs Expanded Broadband Use In 900 MHz Band

    Nokia is joining the chorus of voices calling on the Federal Communications Commission to open up the 900 megahertz band of spectrum to other types of networks, a move they say will help utilities and other critical private enterprises.

  • August 01, 2024

    Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case

    Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.

  • August 01, 2024

    Texas Juvenile Detention Centers Rife With Abuse, DOJ Says

    A U.S. Department of Justice investigation into the Texas Juvenile Justice Department found a widespread pattern of physical and mental abuse and sexual exploitation at state-run facilities, with a report released Thursday calling for widespread reforms in juvenile detention institutions.

  • August 01, 2024

    Utah High Court Upholds Pause On State Abortion Ban

    The Utah Supreme Court on Thursday upheld a pause on the state's near-total abortion ban while a constitutional challenge to the law proceeds, agreeing with a lower court's conclusion that the Planned Parenthood Association of Utah had standing to bring its challenge.

  • August 01, 2024

    Direct File Will Be Available In New Mexico, IRS Announces

    New Mexico will participate in the Internal Revenue Service's free electronic tax return filing program known as Direct File in the 2025 tax filing season, the agency and the U.S. Department of the Treasury announced Thursday.

Expert Analysis

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Behind The Delay Of Final HSR Premerger Filing Rules

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    Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • Why FDIC Banks May Want To Consider Fed Membership

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    With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

  • The Rise Of State And Local Environmental Leadership

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    While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Series

    After Chevron: Slowing Down AI In Medical Research

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    The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • Opinion

    Conception Is The Proper Test For AI-Assisted Inventions

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    The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.

  • A Closer Look At New SDNY And EDNY Local Rules

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    New local rules in the U.S. District Courts for the Southern and Eastern Districts of New York went into effect earlier this month, and include both stylistic changes to make legal writing more accessible, and substantive changes to make processes and filings more efficient, say Andrew Van Houter and Jennifer Montan at Faegre Drinker.

  • Avoiding Legal Ethics Landmines In Preindictment Meetings

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    U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

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