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Public Policy
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June 27, 2024
Commerce Defends Argentine Oil Pipe Levies On Remand
The U.S. Department of Commerce did not double count companies backing the petition that prompted its dumping probe into oil and gas pipes from Argentina, the agency held in its response to a trade court remand order.
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June 27, 2024
Alaskan Land Trust Fight Remanded Over Misplaced Authority
An Alaska federal judge has vacated and remanded a decision from the U.S. Department of the Interior to take a 787-square-foot piece of land in downtown Juneau into trust for an Alaskan tribal government, saying the agency relied on an aboriginal title factor already established in a law designed to settle the state's land claims.
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June 27, 2024
AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'
New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.
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June 27, 2024
Newsmax Can't See OANN-Smartmatic Defamation Settlement
Conservative broadcasting company Newsmax Media Inc. may not force voting-machine provider Smartmatic USA Corp. to reveal the terms of its confidential settlement with One America News Network that resolved Smartmatic's defamation claims against the broadcaster, a Delaware court has ruled.
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June 27, 2024
6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal
The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.
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June 27, 2024
SpaceX Says Local Regs Best Suited For Fixing 'Dead Zones'
SpaceX is steadily deploying a fleet of satellites to cover mobile carrier "dead zones" across the globe, but cautions the Federal Communications Commission that it must allow each country's regulators to govern issues like signal interference on the ground.
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June 27, 2024
Coinbase Says SEC, FDIC 'Stonewalled' Crypto Info Requests
Crypto exchange Coinbase filed suits against both the U.S. Securities and Exchange Commission and the Federal Deposit Insurance Corporation on Thursday after it said the agencies "stonewalled" information requests for documents that could shed light on agencies' internal views on digital assets.
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June 27, 2024
CFTC Extends Comment Period For Election Betting Proposal
The U.S. Commodity Futures Trading Commission announced Thursday that it is extending the deadline for comment on its proposal to ban the trading of event contracts tied to things like election outcomes, sporting events and the Academy Awards.
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June 27, 2024
House Panel Cans Vote On Data Privacy, Kids' Safety Bills
The House Energy and Commerce Committee unexpectedly scrapped plans to discuss nearly a dozen bills Thursday morning, including a closely watched proposal to create a federal data privacy framework that has faced backlash from House leadership, consumer advocates and other stakeholders.Â
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June 27, 2024
DOL Benefits Chief Defends Fiduciary Rule Before GOP Panel
The head of the U.S. Department of Labor's employee benefits agency on Thursday defended recently finalized policy expanding the definition of a fiduciary under the Employee Retirement Income Security Act, drawing criticism from a Republican-controlled panel of House lawmakers at an oversight hearing.
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June 27, 2024
Feds Must Redo Tire Duties Again, After Writing Off One Co.
The U.S. Court of International Trade ordered the U.S. Department of Commerce to again rework anti-dumping duties on Chinese tires, taking issue with how the department selected one of the mandatory respondents for the investigation.
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June 27, 2024
Free-Speech Orgs Tell DC Circ. TikTok Ban Is Prior Restraint
A collection of free speech and press groups has urged the D.C. Circuit to strike down Congress' TikTok sale-or-ban law, calling the statute a "direct and serious threat" to First Amendment freedoms in an amicus brief.
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June 27, 2024
House Panel Votes To Hold Biden Ghostwriter In Contempt
The House Judiciary Committee voted 13-11 along party lines on Thursday, to advance the contempt effort for Mark Zwonitzer, President Joe Biden's ghostwriter, for not turning over documents and recordings related to his work on the president's memoirs that were mentioned in a special counsel's report on the president's handling of classified documents.
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June 27, 2024
Fla. County Owes Tax To Other County, Fla. Justices Rule
The Florida Supreme Court ruled Thursday that counties are not immune from being taxed on properties they own in other counties, affirming a decision that said Pinellas County cannot claim sovereign immunity to duck taxes on property it owns in neighboring Pasco County.
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June 27, 2024
CFPB Urged To Set Standards On Rooting Out AI Lending Bias
The Consumer Financial Protection Bureau should give the financial industry more explicit instructions to minimize discrimination risk when harnessing artificial intelligence and other algorithmic technology for lending, a pair of prominent consumer advocacy groups told the agency.
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June 27, 2024
Ex-Mayoral Candidate Loses Law License For 1 Year In Fla.
The Florida Supreme Court on Thursday suspended former Miami Beach mayoral candidate Michael Grieco's law license for one year after determining he had accepted an illegal campaign contribution and made misleading public statements about his involvement in a political committee.
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June 27, 2024
NTSB Rips Boeing For Blabbing About Blowout Probe
The National Transportation Safety Board sanctioned Boeing on Thursday for sharing nonpublic details of an ongoing investigation into January's 737 Max 9 midair door plug blowout, deepening the American aerospace giant's regulatory troubles amid multiple probes into its safety culture and quality control.
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June 27, 2024
Ex-Deputy Mayor Of Newark Pleads Guilty In Bribery Scheme
A former deputy mayor of Newark, New Jersey, has admitted in federal court that he conspired with two business owners in a bribery scheme involving the acquisition and redevelopment of various city-owned properties, federal prosecutors said.
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June 27, 2024
Fla. Judge Denies Trump's Bid To Toss Mar-A-Lago Warrant
The Florida judge overseeing Donald Trump's federal criminal case involving allegations of illegally keeping classified documents after leaving the White House denied the former president's bid Thursday for a hearing on the validity of the Mar-a-Lago search, but said she'd consider an evidence suppression hearing.
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June 27, 2024
Conn. Banking Dept. Defends $25K Fine Against Legal Funder
The Connecticut Department of Banking is urging a state judge to affirm a $25,000 fine levied on a legal funding business, saying the court should reject the company's contention that it has no authority over transactions at issue in the penalty.
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June 27, 2024
Spencer Fane Lobbying Pro Joins Holland & Knight In Austin
Holland & Knight LLP has brought on a veteran lobbyist and lawyer in Austin, who previously led the government affairs group at Spencer Fane LLP, to helm the firm's new Texas government advocacy team.
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June 27, 2024
High Court Allows Idaho Emergency Abortions, For Now
The U.S. Supreme Court on Thursday allowed abortions in Idaho to continue in emergency situations under a federal law requiring doctors at Medicare-funded hospitals to provide emergency care, including abortions.
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June 27, 2024
Supreme Court Freezes EPA's 'Good Neighbor' Rule
The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.
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June 27, 2024
Justices Limit SEC's Use Of In-House Courts
The U.S. Supreme Court on Thursday curtailed the U.S. Securities and Exchange Commission's use of its in-house court system, saying the accused have a right to a jury trial when financial penalties are on the table.
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June 26, 2024
5th Circ. Says SEC Must Reconsider Axing Proxy Regulations
The Fifth Circuit on Wednesday vacated the U.S. Securities and Exchange Commission's decision to rescind a portion of Trump-era rules requiring proxy advisory firms to notify companies about their advice to investors, ruling that the agency didn't adequately explain the abrupt change.
Expert Analysis
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Why RWI Insurers Should Consider Excluding PFAS
As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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What To Expect From The DOL's Final Overtime Rule
The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.