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Public Policy
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May 22, 2024
DA Willis, Trump Judge, And Justice All Roll To Victory In Ga.
The judge and district attorney at the center of former President Donald Trump's Georgia prosecution easily fended off their electoral challengers Tuesday night, while an abortion-rights candidate for the Peach State's highest court fell well short of the mark.
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May 22, 2024
Fla. Judge Blocks Immigrant Transport Law During Litigation
A Florida federal judge on Wednesday temporarily blocked the state from enforcing a new law that criminalizes the transportation of unauthorized immigrants, saying the law intrudes on the federal government's authority over immigration matters.
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May 22, 2024
UK Dependency To Implement Pillar 2 Starting In 2025
The island of Jersey, a U.K. crown dependency, said it would implement the international minimum tax for large corporations known as Pillar Two, with the law taking effect next year.
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May 22, 2024
CFPB Says Some Credit Card Standards Apply To BNPL Firms
The Consumer Financial Protection Bureau said Wednesday that shoppers using buy-now, pay-later products are covered by some of the same federal safeguards as those that apply to traditional credit cards, issuing the agency's first-ever guidance directed at this fintech-heavy field of financing.
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May 21, 2024
Ex-Pa. District Atty Gets 2 Years' Probation For Beating Wife
A former district attorney for a Pennsylvania county was handed a two-year probationary sentence Tuesday after pleading no contest to hitting his wife three years ago, marking the second assault offense on his record for that year.
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May 21, 2024
Minn. Poised To Join State Data Privacy Law Patchwork
Minnesota is on the brink of becoming the latest state to enact comprehensive data privacy legislation, after the legislature sent to the governor's desk a measure that would give consumers more control over how companies use their personal information, including for profiling purposes, and require businesses to appoint a lead privacy official.
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May 21, 2024
Willis And Judge In Ga. Election Case Win Their Elections
Fulton County District Attorney Fani T. Willis and Fulton County Superior Court Judge Scott McAfee, two key figures in the Georgia election interference case against former President Donald Trump, won their elections Tuesday night.
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May 21, 2024
9th Circ. Vacates, Remands Tribe's Fishing Rights Dispute
A Ninth Circuit panel said Tuesday that a challenge by a Washington tribe seeking to expand its fishing rights warrants further review, arguing that a lower court's ruling that a 19th century treaty did not include its accustomed grounds should be vacated and remanded to examine evidence of its village, presence and activities in the claimed waters.
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May 21, 2024
Realtors Want Rethink After DOJ Antitrust Probe Allowed
The National Association of Realtors has asked the D.C. Circuit for a rehearing after the appeals court found the U.S. Department of Justice can reopen an antitrust investigation into the trade group despite an earlier agency settlement over the association's rules.
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May 21, 2024
Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge
Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.
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May 21, 2024
Feds Tell 5th Circ. To Ignore Park Skirmish In Razor Wire Row
The federal government urged the Fifth Circuit to ignore a series of events surrounding concertina wire fencing Texas has erected along the U.S.-Mexico border, arguing the fight over a park has no bearing on whether a district court was wrong in refusing to ban border patrol agents from cutting the barrier.
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May 21, 2024
California Atty Takes Aim At Rhode Island Cannabis Program
A California lawyer who has challenged state and local cannabis licensure programs across the country is accusing Rhode Island marijuana regulators of designing a plan to award cannabis retail licenses that unconstitutionally discriminates against out-of-state players.
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May 21, 2024
Sens. Challenge Pharma Lobbyist Over Patent Abuse
U.S. senators from both sides of the aisle took turns at a Tuesday hearing questioning the pharmaceutical industry's top lobbyist over whether patent abuse plays a role in maintaining the high price of prescription drugs.
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May 21, 2024
Full 5th Circ. Urged To Rethink Blocking Student Loan Rule
The U.S. Department of Education has asked the full Fifth Circuit to reconsider a recent preliminary injunction a three-judge panel ordered blocking changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions. It said the panel wrongly held that the department doesn't have the authority to determine whether a borrower has a valid defense to repayment.
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May 21, 2024
DC Circ. Says Drugmakers Can Limit Pharmacy Discounts
The D.C. Circuit held Tuesday that a federal drug discount program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies, rejecting the U.S. Department of Health and Human Services' expansive interpretation of the 340B drug pricing program.
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May 21, 2024
DOJ Drops Disability Bias Suit Over Minn. City's Nuisance Law
The U.S. Department of Justice and the Minnesota city of Anoka asked a Minnesota federal judge on Tuesday to approve a proposed agreement that would end the DOJ's suit alleging that a local nuisance ordinance discriminated against tenants with mental health disabilities and the associates of those tenants.
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May 21, 2024
Mich. Judge Doubts Abortion Laws Pass Constitutional Muster
A Michigan state judge on Tuesday was skeptical state regulators could impose a waiting period and other requirements on people seeking abortions without violating a state constitutional amendment enshrining the right to abortion.
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May 21, 2024
NTIA Explores Gov't Support For 6G Development
The U.S. Department of Commerce is looking for input on how the government can aid in the development of 6G technology.
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May 21, 2024
PetroSaudi Says $380M Award Feud Close To Resolution
A PetroSaudi unit and the Biden administration are nearing a settlement to resolve a bitter dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds, which the government has been looking to seize for years, the parties said Monday.
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May 21, 2024
Wash. Justices Seem Split On Funds Getting Biz Tax Breaks
The Washington Supreme Court appeared divided on Tuesday over whether precedent means a group of funds are eligible for a business tax deduction on investment income, with one justice suggesting a previous ruling did not mesh with state tax law.
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May 21, 2024
EEOC Guidance Over Gender Identity Can't Stand, Texas Says
The Texas attorney general requested Tuesday that a federal judge do away with the U.S. Equal Employment Opportunity Commission's enforcement guidance over gender identity and Title VII, arguing that the agency must be stopped from requiring employers' compliance with pronoun and bathroom accommodations.
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May 21, 2024
Groups Push For Official USMCA Interpretation To Nix Claims
Nearly three dozen left-leaning groups are urging North American trade officials to issue an official interpretation of a disputed provision in the U.S.-Mexico-Canada Agreement, which they say could help nix claims seeking billions of dollars that are pending against all three countries.
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May 21, 2024
Nixing Green Energy Tax Perks Would Be Tough For Trump
Former President Donald Trump has vowed to scrap Democrats' signature 2022 climate law should he get reelected in November, but following through on that campaign promise could prove difficult amid bipartisan support for many of the law's clean energy tax incentives and a potentially divided Congress.
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May 21, 2024
Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit
Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.
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May 21, 2024
Uniswap Warns SEC There's 'More To Lose' In Potential Suit
The company behind decentralized finance platform Uniswap on Tuesday warned the U.S. Securities and Exchange Commission that the regulator "has more to lose than gain" from bringing an enforcement action against it since its proposed case implicates pending rulemaking and its authority to regulate transactions on crypto platforms.
Expert Analysis
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Perspectives
Context Is Everything In Justices' Sentencing Relief Decision
In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Series
NJ Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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What To Know About IRS' New Jet Use Audit Campaign
The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.
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ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws
A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.
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California Shows A Viable Way Forward For PFAS Testing
The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.
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2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement
The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.
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In Bribery Case, High Court's Past Is Probably Prologue
The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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Ruling In La. May Undercut EPA Enviro Justice Efforts
A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.