Public Policy

  • November 18, 2024

    Justices Urged To Pass On 3rd Circ. CFPB Loan Trust Case

    The Consumer Financial Protection Bureau has asked the U.S. Supreme Court to deny an appeal by a group of student loan trusts fighting an enforcement action by the agency, arguing that industry concerns about the Third Circuit case are overblown and unavailing.

  • November 18, 2024

    Will AG-Elect Stick To NC Dems' Playbook, Or Take New Path?

    Incoming North Carolina Attorney General and "TikTok candidate" Jeff Jackson may be the latest in a long line of Democrats to serve as the state's top cop, but questions remain as to how closely he might follow in the footsteps of his powerful predecessors when it comes to issues like pursuing the very social media app that bolstered his campaign.

  • November 18, 2024

    9th Circ. Judges Seem Split In Trans Woman's Spa Bias Case

    Ninth Circuit judges debated Monday whether a nude Korean spa's ban on patrons who "present" as male discriminates against transgender women without gender-affirming surgery, with one judge asking how it was different from barring Black patrons and another who went to a similar spa as a boy in Korea seeming to suggest customers had a right to choose whom to be naked in front of.

  • November 18, 2024

    Menendez Calls Trial Evidence Flub 'Deeply Troubling'

    Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.

  • November 18, 2024

    ACLU Ups Pressure For Info On ICE Deportation Infrastructure

    The American Civil Liberties Union sued U.S. Immigration and Customs Enforcement on Monday for information the organization says will help it assess how existing removal infrastructure could be expanded for mass deportations under the incoming Trump administration.

  • November 18, 2024

    Bannon's 'We Build The Wall' Trial Delayed Until 2025

    A New York state judge on Monday agreed to push to February the criminal trial of Steve Bannon over an alleged scheme to con donors seeking to fund new segments of the U.S. border wall, while also allowing prosecutors to introduce additional financial records at trial.

  • November 18, 2024

    Pa. Justices Tell Defiant Counties To Shelve Undated Ballots

    The Pennsylvania Supreme Court issued a split order Monday halting a handful of counties that were counting mail-in ballots with missing or incorrect dates on their outer envelopes, in response to complaints from the Republican National Committee and Republican Senate frontrunner Dave McCormick, although one justice said the case isn't ripe.

  • November 18, 2024

    Live Nation Says Ticket Buyers Must Arbitrate Antitrust Suit

    Live Nation moved to arbitrate a proposed consumer antitrust class action alleging it monopolizes concert promotions and secondary ticketing services for major venues, arguing in New York federal court Friday the customers agreed to arbitrate any dispute each time they logged in to their accounts or accepted secondary ticket transfers.

  • November 18, 2024

    Trump DOE Pick Signals Funding Flux For Clean Energy Cos.

    President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.

  • November 18, 2024

    NLRB Ruling Nixes Conn. Employee Meeting Law, Judge Told

    A business advocacy group said a National Labor Relations Board decision that removed decadeslong protections for employers who share their unionization views during mandatory workplace meetings should spell the end of a broader Connecticut statute that protects employees from being forced to hear political and religious messages.

  • November 18, 2024

    Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit

    Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.

  • November 18, 2024

    Dems Probe Treasury On Effects Of Crypto Mixer Sanctions

    A group of House Democrats pressed the U.S. Department of the Treasury on Monday to provide information on how effective its sanctions regime against cryptocurrency mixing services has been at detecting and curbing illicit finance.

  • November 18, 2024

    FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech

    Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.

  • November 18, 2024

    Judge Surprised Circle K Fired Clerk Who Touched Robber

    A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.

  • November 18, 2024

    Texas Appeals Court Finds Telecom Laws Violate Gift Rules

    A state appellate court handed dozens of Texas cities a clean-sweep victory in their fight against statewide bargains for telecommunications providers, finding Friday a state law dealing with the fees municipalities can charge telecom companies runs counter to the Texas Constitution.

  • November 18, 2024

    Treasury Finalizes Tougher Foreign Investment Law Penalties

    The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.

  • November 18, 2024

    Mich. Justices Spurn Restaurant Group's COVID Appeal

    The Michigan Supreme Court has turned down an appeal from a bar and restaurant association seeking to recoup its members' lost profits from the state's enforcement of COVID-19 public health measures, after tossing individual restaurants' claims earlier this year. 

  • November 18, 2024

    Justices Urged To Review Landlords' COVID Eviction Ban Suit

    A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.

  • November 18, 2024

    Asylum-Seekers Say Updated DHS Border Directive Is Still Illegal

    Immigrant rights groups and asylum-seekers challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the superseding rule the administration issued in September is just as illegal as its June predecessor.

  • November 18, 2024

    EPA Has No Choice But To Rethink Smog Rule, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to reconsider its so-called "good neighbor" smog emissions rule after it was partially invalidated by a court, arguing the agency's own brief confirms that its refusal to do so was improper.

  • November 18, 2024

    Colo. Justices Should Plug Damages Cap 'Loophole,' Co. Says

    A construction company has urged Colorado's justices to find that a subcontractor's claim over a workplace fall is subject to a $15,000 damages cap, arguing in a petition that the sole proprietor opted out of workers' compensation benefits and can't make a "loophole" to sue for millions.

  • November 18, 2024

    Medical Group Wants Justices To Review IP Safe Harbor Fight

    A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.

  • November 18, 2024

    Feds Delay Rule That Hemp Be Tested At DEA-Licensed Labs

    Laboratories certified by the federal government to measure THC concentration in hemp aren't able to meet the demand, the U.S. Department of Agriculture has said, so the agency is allowing growers to once again get their products tested by unregistered labs.

  • November 18, 2024

    Alstom Wants Injunction In Dispute Over 'Buy America' Waiver

    Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.

  • November 18, 2024

    Dispute Over Biden Admin Voting Access Order Paused

    A Texas federal district court judge has paused a dispute over an executive order from the Biden administration that promotes easier access to voting after a conservative think tank said President-elect Donald J. Trump is likely to overturn the directive.

Expert Analysis

  • 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.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Planning For Cyber Incident Reporting Requirements In Sports

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    Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

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