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Public Policy
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July 22, 2024
Ex-Lawmaker Says Group Offered Campaign Cash For Vote
A former Colorado state senator said Monday that an interest group once dangled campaign cash and an endorsement if she promised to support an upcoming bill, testifying as part of the state's attempt to rebut Republicans' attacks on individual campaign contribution limits that regulators say deter corruption.
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July 22, 2024
Michigan's Cases To Watch 2024: A Midyear Report
Michigan's highest court is preparing to take on cases that could restore imperiled PFAS regulations, prevent employers from cutting short employees' window to file civil rights claims and expand the reach of Michigan's consumer protection law. Here are some of Michigan's most important cases to watch for the rest of the year.
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July 22, 2024
Rail Biz Asks 4th Circ. To Revive Va. Broadband Law Fight
The Association of American Railroads is asking the Fourth Circuit to step in and put a stop to a Virginia law that allows broadband providers easier access to railroad property, calling it a "supercharged eminent-domain scheme."
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July 22, 2024
Iowa Defends New Hemp Law From CBD Cos.' Challenge
A federal court should not interrupt Iowa as it continues to roll out new restrictions on consumables infused with hemp-derived THC, the state argued, saying there's been "no arbitrary enforcement" of the law, nor has its language proven to be "unconstitutionally vague."
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July 22, 2024
Price-Fixing Claims Against Par Pharma On Chopping Block
A Connecticut federal judge has asked a coalition of states to explain why he shouldn't toss two price-fixing lawsuits against Par Pharmaceutical Companies Inc., noting that the defendant and its parent, Endo International PLC, recently filed Chapter 11 reorganization plans shielding them from the cases.
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July 22, 2024
Steward Health Care Finds Buyers For 2 Hospitals
Steward Health Care has told a Delaware bankruptcy judge it has found buyers for two of the facilities in its first round of hospital sales in its Chapter 11 case, but three others had attracted no qualified bids.
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July 22, 2024
What Attorneys Need To Know About JD Vance
Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.
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July 22, 2024
San Fran Tells Justices EPA Water Regs Are Like Bad Soup
San Francisco compared the federal government to a bad chef on Friday, asking the U.S. Supreme Court to find that a water pollution permit must include specific numerical goals rather than narrative standards the city says are too vague.
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July 22, 2024
FTC Tells 5th Circ. Anesthesia Co. Can't Stop Antitrust Case
The Federal Trade Commission is telling the Fifth Circuit to dismiss U.S. Anesthesia Partners Inc.'s appeal in the FTC's antitrust case against it, saying the circuit court has no jurisdiction in the appeal because the lower court ruling at issue falls outside the scope of the collateral order doctrine.
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July 22, 2024
Colo. Judge Blocks Zoning Ban On Church's Shelter Program
A Colorado federal judge preliminarily blocked a town from enforcing zoning regulations to prevent a church from allowing homeless people to live in RVs on church property, finding the church could likely prove such enforcement unlawfully violates its religious freedom.
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July 22, 2024
Nebraska AG Stops Shops From Selling Synthetic THC
Six Nebraska smoke shops have agreed to stop selling synthetic THC products, according to an announcement by the state's Attorney General's Office, which has sued more than a dozen retailers for violations of state consumer protection and food safety laws.
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July 22, 2024
Fla. City's Anti-Panhandling Law Deemed Unconstitutional
A Florida federal judge has declared unconstitutional a Daytona Beach ordinance that criminalizes panhandling in certain parts of the city, ruling that the law violates the First Amendment.
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July 22, 2024
Ex-Lobbyist Asks To Be Severed From Madigan RICO Case
The former Commonwealth Edison lobbyist on track to face a jury alongside former Illinois House Speaker Michael Madigan this fall asked a federal judge Friday to sever his corruption case from Madigan's, saying a joint trial would be unfair because Madigan's lawyers intend to act as "second prosecutors" against him.
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July 22, 2024
NC State Resolves Cancer Patient's Fight To Test Building
North Carolina State University and a professor with cancer have ended a dispute over testing a campus building that contains cancer-causing chemicals, with the school telling the state's highest court the parties are ready to move on from that part of the legal dispute.
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July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0
Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
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July 22, 2024
NY Appeals Court Revives Cayuga Lake PFAS Suit
A Finger Lakes conservation group can challenge a permit state regulators issued for a solid waste facility over possible "forever chemicals" pollution to Cayuga Lake, a New York state appeals court ruled, holding that the group has standing to try to get the permit thrown out.
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July 22, 2024
Groups Ask 3rd Circ. To Reverse Medicare Drug Price Rulings
A conservative group was one of several organizations to file amicus curiae briefs with the Third Circuit on Friday urging it to reverse a lower court's finding that Medicare's ability to negotiate drug prices with pharmaceutical companies does not run contrary to the companies' constitutional rights.
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July 22, 2024
NY Judge Declares Migrant Challenge To Housing Policy Moot
A New York federal court swept aside asylum-seekers' challenge to county-level housing restrictions that they say were designed to bar them, agreeing with local officials that the case was moot after they issued new policies.
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July 22, 2024
Native Villages Push For Injunction In Fed Broadband Row
Two Alaskan tribes are urging a federal judge to step in and yank back $70 million in broadband infrastructure funds that they say the U.S. Department of Agriculture gave away to someone else after falsely marking them served.
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July 22, 2024
Wash. Jury Says Seattle Port Owes Fired Police Chief $24.2M
A Washington state jury said Monday that the Port of Seattle owes its ex-police chief $24.2 million, capping off a six-week trial on his claims that the port axed him as punishment for complaining about lack of due process in workplace misconduct investigations.
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July 22, 2024
DHS Adds Environmental Economics To List Of STEM Fields
The U.S. Department of Homeland Security said Monday that foreign students on F-1 visas who earn degrees in environmental and natural resource economics can now seek up to three years of employment in the U.S. after graduation.
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July 22, 2024
Texas Wants Place In Fight Over Biden's Asylum Law
The state of Texas is seeking to intervene in a D.C. federal court lawsuit challenging a new federal policy that restricts asylum at the southern border, saying that it does not trust the Biden administration to defend the executive authority used to issue the rule.
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July 22, 2024
Secret Service Ripped By Lawmakers For Trump Rally 'Failure'
U.S. Secret Service Director Kimberly Cheatle on Monday acknowledged a security failure during a July 13 campaign rally that ended in an assassination attempt on former President Donald Trump, as she was battered with resignation calls from a bipartisan group of lawmakers frustrated by her evasiveness during the investigation.
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July 22, 2024
RFK Jr. Says Atty Can't Fight Presidential Bid In NJ Court
Independent presidential candidate Robert F. Kennedy Jr. urged a New Jersey state judge to throw out an election attorney's challenge to his candidacy in the Garden State, arguing the attorney failed to file an objection to Kennedy's petition to be on the ballot nor is he a candidate or representing a candidate for office.
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July 22, 2024
Ga. Dems Challenge 'Cronyism' Behind Fundraising Law
A special campaign finance committee created by Georgia Republicans three years ago to sidestep limits on political fundraising is in the crosshairs of a recent lawsuit filed by the state's Democratic Party, which alleges the law creates an "asymmetrical campaign contribution scheme" designed to protect incumbents.
Expert Analysis
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What DOL Fiduciary Rule Means For Private Fund Managers
Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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High Court's Abortion Pill Ruling Shuts Out Future Challenges
The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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PBM Takeaways From Proposed Telehealth Flexibility Bill
The U.S. House of Representatives' proposal to extend certain telehealth flexibilities signals a robust commitment to expanding telehealth access, though its plan to offset additional expenses through pharmacy benefit manager reform could lead to some industry consolidation, say attorneys at Mintz.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.