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Public Policy
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October 18, 2024
Ill. Justices Find Broad COVID Immunity For Health Facilities
The Illinois Supreme Court on Friday read broad immunity into an emergency order that immunized healthcare facilities aiding the state's COVID-19 response, saying the order shields those facilities from ordinary negligence claims during that time, not just ones directly relating to their pandemic care.
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October 18, 2024
What Attorneys Expect From Harris And Trump On Patents
Patents have scarcely been mentioned during the presidential campaign, but attorneys say that positions taken by the candidates suggest Donald Trump would favor stronger patent rights, while Kamala Harris would focus on steps to make drugs and other patented inventions more widely available.
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October 18, 2024
Wash. AG Must Face Christian Org.'s Suit Against Bias Law
A Washington federal judge won't toss a Christian nonprofit's lawsuit challenging the state's antidiscrimination law, saying the dispute is not entirely resolved by the state attorney general's recent pledge not to go after the organization for hiring only Christians for two open positions.
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
FCC Tells Provider Carrying Bank Scam Calls To Cut It Out
The Federal Communications Commission on Friday told a Miami-based advertising company to stop transmitting scam robocalls, warning that if it doesn't comply, all its call traffic may be cut off by voice service providers.
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October 18, 2024
US Fights PetroSaudi Bid To Limit $380M Seizure
The U.S. on Friday slammed a PetroSaudi company's request for a California federal court to clarify that officials can only seize 5% of a $380 million award, calling the request an improper attempt at revisiting a 3-year-old court ruling.
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October 18, 2024
'Chaos' At New Mich. Jail Is Forcing Longer Stays, Suit Says
A former detainee at Wayne County, Michigan's month-old jail alleged in a lawsuit that the center's "operational and administrative chaos," including staff shortages and computer system stoppages, has led to people getting lost in the system and being held for days after they were ordered released.
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October 18, 2024
HHS Slams Hackensack Meridian's Chevron-Inspired Suit
The U.S. Department of Health and Human Services has torn into a suit from New Jersey's largest healthcare network over Medicare reimbursements, arguing the network has "chosen to blaze a path … that is both prohibited by Congress and unsanctioned by precedent."
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October 18, 2024
US Treasury Awards $500M To Boost Small Tribal Businesses
The U.S. Department of the Treasury wrapped up its approvals of $500 million in applications from tribal nations, marking the largest federal investment in Indian Country in the nation's history in Native American-owned small businesses that is expected to yield as much as $5 billion in additional financing support.
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October 18, 2024
FTC Won't Disqualify ALJ in H&R Block False Ad Fight
The Federal Trade Commission denied a request by H&R Block to stop an administrative law judge from overseeing a proceeding that accuses the tax preparation company of deceptive advertising, saying Friday that ALJs don't have unconstitutional job protections as the company claimed.
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October 18, 2024
Hong Kong Regulators Unveil Plans To Quicken IPOs
Hong Kong regulators and stock exchange officials announced a plan on Friday to accelerate their time frames for reviewing initial public offerings, a bid to improve the region's attractiveness for new listings amid intense global competition.
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October 18, 2024
How Denver Made Migrant Busing Work In Its Favor
City of Denver officials began having discussions in 2022 about accommodating a potential influx of immigrants, amid reports of Texas Gov. Greg Abbott busing them out of his border state to Democratic cities.
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October 18, 2024
Law360 Will Track 2024 Ballot Measures On Real-Time Map
As citizens across the country weigh in on federal, state and local elections this November, Law360's 2024 ballot measure map will track election results for tax-related ballot measures in real time. Here, Law360 dives into what's on the ballots in Georgia, Nevada, Wyoming and Denver.
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October 18, 2024
1st Circ. OKs Prosecution Of Alleged Illicit Medical Pot Grow
The First Circuit has determined that the federal prosecution of two Mainers accused of running an unlawful marijuana cultivation operation can continue despite a federal policy that bans the U.S. Department of Justice from bringing cases against medical cannabis entities.
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October 18, 2024
Enforcers Fight RealPage Transfer Bid In Rent-Fixing Case
Enforcers urged a North Carolina federal court not to transfer the government's antitrust case against RealPage to the Tennessee court overseeing similar private cases, saying Congress has made it clear that public antitrust actions should not be roped into multidistrict litigation.
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October 18, 2024
Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 18, 2024
Feds Defend Bribery Charge Against NYC Mayor Adams
Federal prosecutors pushed back Friday on New York City Mayor Eric Adams' attempt to erase a bribery charge from his indictment, arguing that while Adams claims his acts were "routine" and allowed under a recent U.S. Supreme Court precedent, a jury could still find his alleged favor trading illegal.
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October 18, 2024
AGs Slam 4th Circ. Bid To Restore NC Abortion Drug Limits
In a joint amicus brief to the Fourth Circuit, a coalition of 17 states and the District of Columbia has said the abortion drug mifepristone is a part of women's reproductive healthcare, assailing the "needless" limits that states including North Carolina have sought to impose on the drug's access.
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October 18, 2024
Suit Wants Fla. Abortion Measure Struck Over Fraud Claims
A group of Florida voters represented by former Florida Supreme Court Justice Alan Lawson have filed suit to invalidate an abortion rights ballot measure over allegations of wide-scale fraud by the initiative's sponsor during the signature gathering process.
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October 18, 2024
Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact
A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands.
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October 18, 2024
Natural Gas Producer Will Pay $9.4M For Excess Air Pollution
The U.S. Environmental Protection Agency and New Mexico Environment Department have reached a $9.4 million settlement with Hilcorp Energy Co., resolving claims the company failed to reduce emissions during well completion operations, in violation of the Clean Air Act and New Mexico state law.
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October 18, 2024
Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit
3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.
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October 18, 2024
Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told
The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.
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October 18, 2024
Minn. Tax Court Refuses Big Changes To Parking Lot's Value
The Minnesota Tax Court lowered the assessed value of a parking lot property by about $200,000 to $11.7 million, rejecting arguments for larger changes by the property owner and a county.
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October 18, 2024
Mich. Supreme Court Spurns Challenge To UMich Gun Ban
The Michigan Supreme Court declined Friday to review the constitutionality of the University of Michigan's campus firearms ban, leaving in place a lower court's ruling that the policy does not violate the Second Amendment.
Expert Analysis
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Loper Fuels Debate Over Merchant Cash Advances As Credit
The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.
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Bank M&A Continues To Lag Amid Regulatory Ambiguity
Bank M&A activity in the first half of 2024 continued to be lower than in prior years, as the industry is recovering from the 2023 bank failures, and regulatory and macroeconomic conditions have not otherwise been prime for deals, say Robert Azarow and Amber Hay at Arnold & Porter.
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FTC's Drug Middlemen Probe Highlights Ongoing Scrutiny
The Federal Trade Commission's interim staff report on its inquiry into pharmacy benefit managers suggests that the industry will remain under an enforcement microscope for the foreseeable future due to concerns about how PBMs affect drug costs and accessibility, say attorneys at Arnold & Porter.
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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A Look At The Regulatory Scrutiny Facing Liquid Restaking
Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Series
After Chevron: Challenges Loom For PBGC Actions
After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.