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Public Policy
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April 24, 2024
DOJ Wants To Weigh In On Texas Google Ad Tech Discovery
The U.S. Department of Justice asked a federal judge Wednesday for permission to file a statement of interest in a Texas-led lawsuit accusing Google of anticompetitive conduct in the display advertising market, writing that the states' request for certain discovery items may violate an order in a substantially similar suit the DOJ is pursuing in Virginia.
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April 24, 2024
TikTok To Take Divestment Bill To Court
TikTok vowed on Wednesday to challenge in court new legislation requiring ByteDance Ltd. to divest the popular social media app or face a ban in the U.S., a pledge made the same day President Biden signed the measure into law.
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April 24, 2024
'Net Neutrality' Timeline: From Brand X To Biden-Era Brawl
The legal fight over how to treat broadband service hits a new milestone Thursday in Washington, the latest in a dispute that started a generation ago, soon after consumers began widely using the internet in the 1990s.
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April 24, 2024
Congress Didn't OK FCC's 'Disparate Impact' Ban, Critics Say
Business groups told the Eighth Circuit on Wednesday that the Federal Communications Commission's new rules against discrimination in broadband deployment should be overturned because Congress never intended that the agency use a sweeping "disparate impact" liability standard.
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April 24, 2024
Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads
Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.
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April 24, 2024
Hawaii High Court Affirms Timeshare Property Tax Is Legal
Timeshares in Maui County, Hawaii, were properly taxed using a timeshare property classification because the classification is both constitutional and in line with the county's code, the state Supreme Court affirmed.
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April 24, 2024
Group Fights SpaceX's FCC Grants After Musk's Actions In War
A pro-Ukraine nonprofit is urging the Federal Communications Commission to halt spectrum assignments to Elon Musk's SpaceX and launch an investigation into the CEO's "erratic" behavior, arguing that his alleged meddling in U.S. foreign policy could disqualify him from exercising control over the company's Starlink satellite network system.
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April 24, 2024
Broken Promises Land Ga. Prison Officials In Contempt
A Georgia federal judge has slapped the state's prison officials with a contempt ruling imposing fines and appointing an independent monitor after finding the state Department of Corrections has for years flouted the terms of a settlement over its treatment of prisoners in its most punitive unit.
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April 24, 2024
Chamber Of Commerce Sues FTC Over New Noncompete Rule
The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.
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April 24, 2024
Reggie Bush Scores Heisman Back After Nearly 15 Years
Nearly 15 years after being stripped of his records and awards, former University of Southern California running back and football legend Reggie Bush is getting his 2005 Heisman Trophy back, with the Heisman Trophy Trust citing "enormous changes" in the college football environment.
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April 24, 2024
Trump Considered 'Co-Conspirator' In Mich. Elector Probe
Donald Trump and his former lawyers Rudy Giuliani and Jenna Ellis are considered unindicted co-conspirators in an alleged plot to cast Michigan's electoral votes for the former president following the 2020 election, a witness revealed Wednesday in criminal proceedings against the so-called false electors.
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April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker
The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.
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April 24, 2024
Senate OKs Testimony And Evidence For Menendez Trial
U.S. senators and current and former staff members have received approval to testify at the bribery trial of Sen. Robert Menendez of New Jersey, which begins in federal court in New York on May 13.
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April 24, 2024
EPA Floats $1B In School Bus, Truck Electrification Grants
The U.S. Environmental Protection Agency on Wednesday said it would offer approximately $1 billion in grants to fund the electrification of school buses, garbage trucks and other heavy-duty commercial vehicles, another part of the Biden administration's efforts to decarbonize the U.S. transportation sector.
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April 24, 2024
Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration
A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.
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April 24, 2024
Landlords Bring NY Rent Law Challenge To High Court Again
Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.
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April 24, 2024
Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says
The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.
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April 24, 2024
Trump Says 1890s Ruling Nixes Ga. False Filing Charges
Former President Donald Trump on Wednesday told a Georgia court a 134-year-old U.S. Supreme Court case requires the court to dismiss state charges that he made false filings in federal court in an alleged attempt to overturn the results of the last presidential election.
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April 24, 2024
Trump Can't Subpoena Daniels For Alleged Bias In NY Trial
A New York state judge rejected Donald Trump's "overbroad" subpoena seeking records that the former president said would show bias by adult film star Stormy Daniels ahead of her testimony about an alleged hush money payment in 2016.
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April 24, 2024
EU Keeps Gibraltar, Panama, UAE On AML Blacklist
Gibraltar, Panama and the United Arab Emirates should remain on the European Union's blacklist of high-risk countries for money laundering, the European Parliament said, stopping the EU from following the lead of a global organization promoting standards for countries to fight those crimes.
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April 24, 2024
Biden's Latest Judge Picks Include Blocked US Atty Nom
President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.
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April 23, 2024
Ex-Auditor, County Prosecutor Win Pennsylvania AG Primary
The race for Pennsylvania's next attorney general will pit an academic who was the state's fiscal watchdog against a Navy veteran serving as a county's top prosecutor, early primary election results showed Tuesday evening.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
AGs Urged To Probe Anti-Abortion Centers' Privacy Claims
A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data.
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April 23, 2024
Maine Gov. Signs Bill Expanding Tribal Courts' Rights
Maine Democratic Gov. Janet Mills on Monday signed into law a bill that, so far, imposes the most significant change to the state's controversial Indian Claims Settlement Act since its passage more than two decades ago.
Expert Analysis
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects
The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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HHS Opioid Rule Generally Benefits Providers And Patients
The U.S. Department of Health and Human Services' newly effective rule, the first substantial change to opioid treatment programs and delivery standards in over 20 years, significantly expands access and reduces stigma around certain medications, though the rule is narrow in scope and does have some limitations, say attorneys at Alston & Bird.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.