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Public Policy
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June 28, 2024
Biden Extends Deportation Protections For 309K Haitians
The Biden administration on Friday expanded a humanitarian immigration program to provide temporary deportation relief to roughly 309,000 Haitians currently living in the U.S. who can't safely return to their war-torn Caribbean nation where gang violence has escalated in recent months.
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June 28, 2024
Top Delaware Court Tosses Voting Law Challenge
Delaware's Supreme Court on Friday reversed a Superior Court strike-down of two state statutes on voting procedures, finding that the plaintiffs had no standing to sue because they hadn't shown any "imminent, particularized" harm.
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June 28, 2024
NC Justices Revive Black Property Owners' Bias Suit
The North Carolina Supreme Court vacated a lower court's dismissal of discrimination claims brought by Black property owners against the city of Kinston alleging that the city targeted Black-owned buildings for condemnation while preserving white-owned buildings as historical, ruling Friday that the lower court applied the wrong legal standard.
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June 28, 2024
Buttigieg Says Rescheduling Pot Would Not Alter DOT Policy
If the U.S. Department of Justice were to loosen federal restrictions on marijuana as it has proposed, it would not affect the U.S. Department of Transportation's authority to screen for the drug, Transportation Secretary Pete Buttigieg told members of Congress.
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June 28, 2024
House Passes Contentious $833B Defense Spending Bill
The U.S. House of Representatives on Friday passed an $833 billion bill funding the Pentagon for 2025, amid a veto threat over contentious issues such as cutting funding for Ukraine and a bar on gender-affirming care.
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June 28, 2024
Chevron Reversal's Impact In Trade Cases Likely Limited
The U.S. Supreme Court's decision on Friday overturning Chevron deference is expected to have wide-ranging impacts, but its effect may be less harsh on international trade litigation where the field is virtually clear of cases invoking the now-defunct standard.
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June 28, 2024
Patent Office Asks For Comments On 'Experimental Use'
The U.S. Patent and Trademark Office has indicated that it wants to hear what attorneys think about the current state of the "experimental use exception," which permits individuals to infringe a patent when the use is for "philosophical," not commercial, pursuits.
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June 28, 2024
Condo Seeks Bar On Enforcement Of Corp. Transparency Act
A Boston condominium association has asked a federal judge to shield it and other Massachusetts condo boards from enforcement of an anti-money laundering measure, saying the requirement to submit personal information to a government database creates an undue and unnecessary burden on volunteer organizations.
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June 28, 2024
DC Circ. Panel Rejects Mich. Tribe's Casino Land Trust Bid
A D.C. appellate court panel on Friday rejected a Michigan tribe's bid to compel the federal government to take land into trust for a casino venture outside Detroit, saying the court is not convinced that the tribe's proposal to channel a portion of the profits into the tribal community's unmet needs is lawful.
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June 28, 2024
More Legal Aid Attys Move To Addiction Epidemic Frontlines
Aided in part by an influx of settlement money from opioid litigation, a growing number of legal aid groups are offering programs aimed at individuals and families hurt by the addiction crisis, helping them navigate civil legal issues like driver’s license reinstatements, custody and domestic violence issues, and navigating public health benefits.
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June 28, 2024
DC Access To Justice Leader On Making Courts User-Friendly
Erin Larkin, the first director of the D.C. Courts’ newly created Access to Justice unit, recently spoke with Law360 about plans to boost efforts to connect people with legal services and make the courts more accessible.
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June 28, 2024
IRS Finalizes Broker Rules For Digital Asset Sales
Brokers of digital assets such as cryptocurrency and non-fungible tokens will face tax reporting requirements for the first time similar to those for brokers of securities and other financial instruments under final regulations issued Friday by the Internal Revenue Service.
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June 28, 2024
Tulsa Fights Prisoners' Bids To Join Jurisdiction Row
The city of Tulsa is fighting bids by nearly a dozen people incarcerated within the Oklahoma Department of Corrections to intervene in a challenge by the Muscogee (Creek) Nation over tribal jurisdiction, arguing that the federal district court first must consider the municipality's motion to dismiss the lawsuit.
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June 28, 2024
Jan. 6 Ruling May Help Accused Rioters, But Not Trump
Experts said Friday that while the U.S. Supreme Court's decision narrowing the use of obstruction of Congress charges could have implications for hundreds of people accused of storming the U.S. Capitol on Jan. 6, 2021, the same count against former president Donald Trump remains buoyed by facts alleged in his election interference indictment.
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June 28, 2024
EPA Coal Ash Rules Are Nothing New, DC Circ. Rules
The U.S. Environmental Protection Agency was enforcing existing rules rather than illegally issuing new ones when it rejected requests by power companies to extend a deadline to comply with regulations governing the cleanup of coal-ash waste facilities, a D.C. Circuit panel ruled Friday.
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June 28, 2024
3 Biggest Benefits Policy Developments From 2024's 1st Half
The U.S. Department of Labor and other agencies finalized significant changes to regulations affecting employee benefits in the first half of 2024. Here are three policy moves that benefits attorneys should have on their radar.
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June 28, 2024
Satellite Cos. Call For More Detail On FCC's Space Debris Plan
Satellite companies are telling the Federal Communications Commission that more work needs to be done before it moves forward on an accidental explosion probability threshold for satellites, with several arguing in recent weeks that the agency needs more comment to establish a clear metric.
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June 28, 2024
ITC Advances Probe Into Chinese Disposable Containers
The U.S. International Trade Commission on Friday advanced an investigation into Chinese imports of disposable aluminum containers, pans, trays and lids after finding that the imports were potentially injuring domestic manufacturing.
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June 28, 2024
Texas Judge Who Axed DACA To Retire In January 2025
U.S. District Judge Andrew S. Hanen — a controversial Republican appointee best known for twice ruling against President Barack Obama's Deferred Action for Childhood Arrivals immigration policy — has announced that he will take senior status on Jan. 2, 2025, allowing the next president to name his replacement.
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June 28, 2024
EU Wraps Antitrust Probe Of Microsoft's OpenAI Stake
The European antitrust authorities have ended their probe into tech giant Microsoft's control of authority in artificial intelligence-powered chatbot ChatGPT's owner OpenAI, but are switching the angle of the investigation in the partnership that could lead to a formal competition probe.
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June 28, 2024
Eric Trump Can Shield Most Docs In Ex-Aide's Retaliation Suit
Eric Trump can assert attorney-client privilege to avoid turning over most of a batch of emails sought by Trump 2016 campaign aide Arlene "AJ" Delgado in her pregnancy retaliation suit claiming she was banished from former President Donald Trump's orbit after a fellow staffer got her pregnant.
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June 28, 2024
GOP Rep. Says 'Inherent Contempt' Vote Coming After Recess
The Republican lawmaker spearheading a new inherent contempt effort for Attorney General Merrick Garland said it has the backing of House Speaker Mike Johnson, R-La., and would occur after the July 4 congressional recess.
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June 28, 2024
IRS Reminds Marijuana Businesses They Can't Get Tax Breaks
The Internal Revenue Service sought to remind taxpayers Friday that businesses selling marijuana, even in states where it's legal, are not entitled to federal tax deductions, saying some taxpayers are filing invalid claims for refunds through amended returns.
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June 28, 2024
Mass. Senate OKs $5B Housing Bill Without Local-Option Tax
Massachusetts would authorize about $5 billion in bonding authority to promote housing under legislation passed by the state Senate that leaves out a local-option real estate transfer fee sought by Democratic Gov. Maura Healey.
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June 28, 2024
Providers Need More Time To Meet SIM Swap Rules, FCC Told
Mobile providers are increasing pressure on the Federal Communications Commission for more time to roll out new phone card swapping policies to comply with an FCC rule aiming to protect wireless consumers from fraud.
Expert Analysis
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Opinion
Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill
After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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What's New In Kentucky's Financial Services Overhaul
Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.