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Public Policy
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November 22, 2024
Trump Sentencing Halted To Weigh President-Elect's Immunity
The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.
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November 21, 2024
FDIC's 'Hot Money' Revamp Gets Bank, Fintech Cold Shoulder
Banking and fintech lobbyists are calling on the Federal Deposit Insurance Corp. to scrap its proposal to overhaul rules on brokered deposits, also known as "hot money," arguing the effort represents a step backward for the industry that would raise costs for everyone.
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November 21, 2024
Colo. Judge Mulls Whether Mountain West Subject To Title IX
A Colorado federal judge on Thursday asked the Mountain West Conference why it should not be subject to Title IX when its board is "literally a collection of state actors," at a hearing to consider a bid by volleyball players to block a transgender athlete from competing in an upcoming women's tournament.
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November 21, 2024
9th Circ. Revives Removal Relief Bid Over Due Process Issue
The Ninth Circuit on Thursday revived a Mexican citizen's bid for deportation relief based on his fear a police officer in Mexico would kill him, saying the Board of Immigration Appeals wrongly concluded an alleged due process violation did not prejudice him.
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November 21, 2024
Cherokee Look To Block Voter Group In Casino Mandate Row
Two Cherokee Nation businesses suing Arkansas over a constitutional amendment revoking one of the tribal entities' casino gambling licenses want a federal judge to deny a bid to intervene in their suit by the group responsible for placing a ballot question before voters that repealed the license.
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November 21, 2024
SEC Denied Civil Penalties Over Pot Pill Exec's 'Inexperience'
The SEC will score $86,000 in disgorgement and interest from a former executive of C3 International Inc. for falsely claiming the company's cannabis pill was projected to generate millions of dollars in revenue, but the court found the defendant's conduct did not warrant the civil penalty the agency requested.
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November 21, 2024
9th Circ. Told $500K To Huizar Not Intended As Bribe
A real estate developer convicted of bribing former Los Angeles City Councilor José Huizar with $500,000 for help overcoming challenges to a downtown project asked the Ninth Circuit for a new trial, arguing Thursday the lower court erroneously excluded evidence showing the developer didn't know the money would be used as a bribe.
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November 21, 2024
Wash. Justices Unsure CARES Act Protects Violent Tenants
Two Washington Supreme Court justices on Thursday seemed to doubt whether the CARES Act blocked landlords from quickly evicting violent tenants, as opposed to just those behind on rent, a question that resulted in opposing opinions from two lower appellate panels.
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November 21, 2024
FERC Heeds States' Worries With Grid Planning Policy Rewrite
The Federal Energy Regulatory Commission on Thursday approved changes to its sweeping revision of its regional transmission planning policies, and a heftier role for states in the planning process was enough to assuage the concerns of a commissioner who dissented from the original rule.
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November 21, 2024
FCC To Hit Video Doorbell Maker For Skirting Security Rules
The Federal Communications Commission wants to slap Chinese smart home device maker Eken with a more than $700,000 fine for breaking agency rules that require foreign companies to have an agent located in the U.S.
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November 21, 2024
Fed's Bowman Sees The Bright Side In Chevron's Demise
Federal Reserve Gov. Michelle Bowman, a Republican seen as a potential Trump administration contender for the central bank's top supervision job, chided the regulatory response to last year's regional bank failures and said the U.S. Supreme Court's Loper Bright decision could "transform agency rulemakings positively."
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November 21, 2024
DOD Needs To Do More To Fix Military Housing, OIG Says
The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.
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November 21, 2024
Judge Suggests 1st Circ. Should Hear Lobster Tracking Case
A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.
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November 21, 2024
Fuel Economy Regs Are Unlawful Path To EVs, 6th Circ. Told
Republican-led states and fuel industry groups have told the Sixth Circuit that the U.S. Department of Transportation overstepped with new vehicle fuel-economy standards that amount to an unlawful electric vehicles mandate, while environmental groups say the standards don't go far enough to meaningfully combat climate change.
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November 21, 2024
DC Circ. Judges Disagree On Standing In Drilling Permit Suit
The judges of the D.C. Circuit stepped on each other's toes Thursday during oral arguments over a challenge to the approvals of thousands of drilling permits in New Mexico and Wyoming, appearing to be at odds over whether the environmental groups' stance on standing had legs.
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November 21, 2024
SEC Seeks More Data On Nasdaq Plan To Speed Up Delistings
The U.S. Securities and Exchange Commission has postponed deciding on a Nasdaq proposal that would accelerate delistings of companies with low-priced stocks that take extended time to regain compliance or rely on reverse-stock splits to elevate their share prices, saying more data is needed before it takes action.
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November 21, 2024
Key Informant Who Recorded Madigan Takes The Stand
A former Chicago alderman who prosecutors have deemed one of their "most significant cooperators in the last several decades" took the stand Thursday afternoon and began what is expected to be multiple days of testimony in the racketeering trial of ex-Illinois House Speaker Michael Madigan, whom he secretly recorded while working with the government.
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November 21, 2024
Tempur Gave UK Co. 'Total Autonomy' Post-Merger, CEO Says
The CEO of a United Kingdom-based mattress company acquired by Tempur Sealy in 2021 told a Houston federal judge Thursday that his new parent company has provided him "total autonomy" since the acquisition.
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November 21, 2024
Ariz. AG Offers $6M To Aid Victims Of Sober Living Scam
Arizona Attorney General Kris Mayes says the state is offering $6 million in grant funding to tribal nations impacted by a sober home living scam that's estimated to have racked up an estimated $2 billion in fraudulent billing and potentially victimized thousands of Native Americans.
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November 21, 2024
FCC Targets Spoofing Scams With Third-Party Caller ID Regs
In hopes of better combating spoofed robocalls, the Federal Communications Commission on Thursday required telecoms to meet certain legal obligations when hiring third parties to verify caller ID data using a widely accepted technical standard.
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November 21, 2024
EPA Beats Calif. Suit Over Pesticide-Coated Seed Exemption
A California federal judge threw out public safety groups' lawsuit alleging the U.S. Environmental Protection Agency provided pesticide-coated crop seeds an illegal loophole from regulation, finding the agency made a fair and considered judgment when it said the seeds are exempted from registration.
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November 21, 2024
DOJ Search Fixes Would Remake Google, Break Off Chrome
To give rival search engines a fighting chance against Google's illegal monopoly and its massive data and structural advantages, the Justice Department asked a D.C. federal judge Wednesday for sweeping changes that would divest the Chrome browser, open up Android devices and guarantee access to underlying search data.
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November 21, 2024
Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick
President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.
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November 21, 2024
EPA Announces National Strategy To Tackle Plastic Pollution
The U.S. Environmental Protection Agency on Thursday unveiled its national strategy outlining how government agencies, businesses, nonprofits and communities can prevent plastic pollution.
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November 21, 2024
EPA Floats New Draft Framework On Cumulative Impacts
The U.S. Environmental Protection Agency on Thursday further fleshed out exactly what it means when it tells its employees to consider the "cumulative impacts" of pollution on particular communities.
Expert Analysis
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Predicting Shareholder Activism Trends In New Trump Admin
While President-elect Donald Trump has promised tax policies, deregulation and lax antitrust enforcement — which all fuel shareholder activism — a closer look at his first administration's track record suggests that his second presidency might be a mixed bag for activist investors and companies alike, say attorneys at Sidley.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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High Court 'Violent Crimes' Case Tangled Up In Hypotheticals
In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.