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Public Policy
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July 25, 2024
Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter
The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.
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July 25, 2024
Ninth Circ. Vacates, Remands BIA Sexual Misconduct Dispute
The Ninth Circuit vacated and remanded a lower court's ruling that the Bureau of Indian Affairs isn't liable for the actions of one of its officers who sexually assaulted a Northern Cheyenne woman, saying conflicting statements create a factual dispute regarding whether the officer was acting within the scope of his employment.
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July 25, 2024
SEC Seeks To Narrow Attack On Nasdaq Board Diversity Rule
The U.S. Securities and Exchange Commission told the Fifth Circuit Thursday that conservative groups objecting to a Nasdaq rule mandating the disclosure of board diversity data can no longer complain about the exchange's offer to help companies recruit applicable candidates because that offer has expired, mooting at least one aspect of a broader attack against the rule.
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July 25, 2024
FCC Keeps Chin Up, But Chevron Woes Won't Soon Fade
After the U.S. Supreme Court term stampeded over long-established elements of administrative law this summer, the future of several major Federal Communications Commission initiatives was cast into doubt, but the agency says it's still optimistic it can navigate the new challenges.
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July 25, 2024
Sports Court Confirms US Figure Skating Win In Beijing
The Court of Arbitration for Sport has rejected appeals filed by the Russian figure skating team challenging the rankings in the team event during the 2022 Olympic Games in Beijing, a decision that means the U.S. team members will finally be able to collect their gold medals.
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July 25, 2024
Newsom Cites High Court In Ordering Encampments Cleared
California Gov. Gavin Newsom on Thursday ordered state agencies to start removing homeless encampments on state property while providing outreach services to homeless residents following a recent U.S. Supreme Court ruling that gave governments broader authority to ban camping in public.
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July 25, 2024
NC High Court Signals End To College Building Access Row
The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.
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July 25, 2024
Fla. Agency Gets Most Of Unions' Claims Over Dues Law Axed
A public employee relations agency secured an early win against claims from Florida teachers unions that provisions in a state law pertaining to dues deductions and recertification violated the U.S. Constitution, a federal judge ruled, sending only one contracts clause allegation to trial.
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July 25, 2024
US Calls For Labor Scrutiny At Mexican Components Plant
The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.
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July 25, 2024
Cable Group Says Funds May Cover Less Under BEAD Rules
The funds the Biden administration has put into the Broadband Equity, Access and Deployment Program should be enough to get most eligible locations connected if the National Telecommunications and Information Administration doesn't set any mandates on how much that service will cost after it's there, a cable trade group says.
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July 25, 2024
Pentagon Panel To Review Wounded Knee Medals Of Honor
The U.S. Department of Defense will evaluate about 20 Medals of Honor awarded after the 1890 Wounded Knee conflict in South Dakota to ensure that no U.S. Army soldier was recognized with the nation's highest military accolade for inconsistent conduct.
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July 25, 2024
Defense Teams' Solidarity Key In Hawaii DA's Acquittal
California federal prosecutors' bribery case against a prosecutor, a businessman and an outside counsel collapsed after no defendant turned state's evidence and one even testified for the defense, showing the value of presenting a unified front, the winning lawyers said.
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July 25, 2024
Lawmakers Take Stab At Energy Permitting As Election Looms
U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.
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July 25, 2024
Solvay Wants Arkema To Cover Some Of NJ PFAS Deal
Solvay Specialty Polymers USA LLC said it plans to ask a New Jersey state judge to lift a 3-year-old stay so it can seek contributions from Arkema Inc. for the remediation of forever chemical pollution stemming from a West Deptford facility.
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July 25, 2024
California Disses Chamber's Climate Compliance Attack
The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.
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July 25, 2024
Trade Commission Affirms Pea Protein Import Harms
The U.S. International Trade Commission voted unanimously Thursday to find that pea protein imports from China have harmed the domestic industry, clearing the U.S. Department of Commerce to levy antidumping and countervailing duties on the goods.
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July 25, 2024
1st Circ. Leery Of Fishing Industry Challenge To Wind Farm
A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.
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July 25, 2024
SEC Says Consensys 'Rushed To Court' Over Probe Notice
The U.S. Securities and Exchange Commission has argued cryptocurrency firm Consensys improperly "rushed to court" to head off an enforcement action alleging certain products require brokerage registration.
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July 25, 2024
Edible Cannabis Co. Can't Revive RFID Tag Case
A Colorado state judge has said he won't let a company that makes edible cannabis continue to challenge the state's mandated use of radio frequency identification tracking tags, concluding that a senior enforcement official's statement at a rulemaking hearing was not a final action the company could appeal.
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July 25, 2024
DA Says Trump Immunity Ruling Doesn't Affect NY Convictions
Manhattan District Attorney Alvin Bragg told a New York judge Thursday that the U.S. Supreme Court's presidential immunity ruling has no bearing on Donald Trump's conviction in his hush-money case since the charges relate to unofficial acts.
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July 25, 2024
Conn.'s Added Tax On Warranties Called Double Taxation
The Connecticut state tax commissioner's levy of an additional tax on extended vehicle warranties connected to out-of-state vehicle sales is double taxation because the warranties are already taxed by the buyer's home state, a Connecticut-based auto wholesaler told a state trial court.
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July 25, 2024
Justices Urged To Hear Red State Bid To End Climate Torts
Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.
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July 25, 2024
Advocacy Group Pushes FCC For Hearing On Fox TV License
An advocacy group accusing a Philadelphia Fox television station of knowingly airing harmful conspiracy theories following the 2020 election has told the Federal Communications Commission the group has collected more than 25,000 signatures from people saying the agency should grant a hearing on the subject of yanking the station's license.
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July 25, 2024
Alaska Sues To Block Federal Land Conservation Rule
The state of Alaska is challenging a Bureau of Land Management rule that aims to conserve and protect public lands, saying the "vast majority" of the rule isn't allowed under state and federal law because of how it prioritizes "ecosystem resilience" over longtime policies.
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July 25, 2024
Justices Urged To Revisit FCC Fund After 5th Circ. Ruling
Free-market groups asked the U.S. Supreme Court on Thursday to take another look at their challenge to the Federal Communications Commission's low-income and rural subsidy programs after the Fifth Circuit ruled the system was unconstitutional.
Expert Analysis
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2 Regulatory Approaches To Psychedelic Clinical Trials
Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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Exploring Alternatives To Noncompetes Ahead Of FTC Ban
Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.
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Parsing Controversial Del. General Corporation Law Proposals
In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.
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A Look At US-EU Consumer Finance Talks' Slow First Steps
The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.