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Public Policy
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May 07, 2024
Colo. Senate Approves Property Tax Cuts
Colorado would extend temporary property tax rate reductions into 2024 and set lower rates for future years under bipartisan legislation passed Tuesday by the state Senate that is forecast to save property owners nearly $1 billion in its first year if enacted.
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May 07, 2024
TikTok Urges DC Circ. To Ax 'Unprecedented' Divestment Bill
TikTok on Tuesday lodged its highly anticipated challenge to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company, telling the D.C. Circuit that the measure amounts to an unconstitutional and unprecedented ban on free speech.
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May 07, 2024
FDIC Workplace Culture Marred By Misconduct, Review Finds
The Federal Deposit Insurance Corp.'s workplace culture has suffered "far too long" from sexual harassment, discrimination and other abuses that higher-ups failed to adequately address, according to a report released Tuesday that is drawing renewed calls for FDIC Chairman Martin Gruenberg's exit.
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May 07, 2024
Energy Dept. Says Red States Can't Block LNG Export Pause
The U.S. Department of Energy on Monday asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.
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May 07, 2024
Santos Says Feds Overstepped With ID Theft Charge
Former U.S. Rep. George Santos told a Brooklyn federal court that prosecutors used an unconstitutionally vague identity theft statute to charge him with reporting fake fundraising numbers to the Federal Election Commission.
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May 07, 2024
Stormy Daniels Tells NY Jury 'Fear' Drove Hush Money Deal
Adult film star Stormy Daniels detailed for a Manhattan jury on Tuesday how a sexual encounter with Donald Trump in 2006 led to an alleged $130,000 hush money payment in 2016, describing how it was "fear and not money" that led her to make the deal.
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May 07, 2024
Trump's Georgia Charges Unaffected By 1890 Ruling, DA Says
A "historically unique" 19th-century U.S. Supreme Court ruling has zero bearing on Georgia prosecutors' allegations that former President Donald Trump and others filed falsified documents in federal court in a criminal attempt to overturn election results, according to a filing in state court.
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May 07, 2024
Bloch & White Adds Civil Rights Atty From 'Ghost Gun' Case
Bloch & White LLP has hired "one of the winningest trial attorneys" in the Eastern District of New York's history as counsel, the firm said Monday.
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May 07, 2024
Coverage Recap: Day 9 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day nine.
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May 06, 2024
Trump's NY Jury Sees Paper Trail From Alleged Cover-Up
New York prosecutors began the third week of Donald Trump's criminal trial on Monday with a parade of documents demonstrating in minute detail how the former president allegedly misbranded hush money reimbursements as legal fees after the 2016 election.
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May 06, 2024
Monsanto Says Ruling Undoes $438M School PCB Loss
Monsanto said Friday that a $438 million judgment in a polychlorinated biphenyls poisoning case at a Washington school should be thrown out, citing a recent state appellate court ruling undoing a $185 million jury verdict in a similar case involving chemical-caused illnesses at the same school campus.
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May 06, 2024
DC Circ. Dubious Of DMCA Speech-Rights Fight
Opponents of the Digital Millennium Copyright Act's anti-circumvention provision met a skeptical D.C. Circuit panel on Monday as judges grappled with whether the provision hinders First Amendment activity.
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May 06, 2024
US Army Looks To Dismiss Tribe's Repatriation Lawsuit
The U.S. Army is seeking to dismiss efforts by a Native American tribe to repatriate the remains of two boys from one of the largest former Indian boarding schools in the country, arguing that it is "ready and willing" to assist to return them to their final resting places.
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May 06, 2024
Colo. Court Order Smashes Atty-Client Privilege, Insurer Says
The Colorado Supreme Court has agreed to take up an appeal of a Denver trial court order in a construction insurance case that an insurer warns would "eviscerate privilege protection for the vast majority of attorney-client privileged communications in society."
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May 06, 2024
Colo. Justices To Hear College COVID Refund Case
The Colorado Supreme Court said Monday it will consider whether students at Colorado State University campuses can still pursue a class action seeking fee refunds after a state appeals court found the public university system was justified in closing campuses because of the coronavirus pandemic.
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May 06, 2024
New EPA Policy Could Increase Criminal Enforcement
The U.S. Environmental Protection Agency has rolled out a new policy intended to foster communication and coordination between its civil and criminal enforcement offices, a move experts say could result in an increase in criminal investigations and cases.
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May 06, 2024
Fla. Judge Tosses Suit To Remove Miami Official From Office
A Florida state court judge on Monday threw out a lawsuit brought by two real estate developers seeking to unseat a Miami commissioner from office over civil rights violations, citing a lack of standing to sue because they aren't residents of the city.
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May 06, 2024
US Thrashes Mexico's 'Inaccurate' Portrayal Of GMO Corn
The United States has responded to Mexico's ban on imports of genetically modified corn, calling its portrayal of the risks of such crops an unscientific and "inaccurate" description as well as a violation of the United States-Mexico-Canada Agreement.
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May 06, 2024
Fed Law Doesn't Preempt Colo.'s Kroger Deal Challenge: DOJ
The U.S. Department of Justice weighed in on Kroger and Alberton's arguments that the Colorado attorney general should not be able to challenge their national merger, arguing instead that states have an important solo role and there is nothing stopping a state court judge from blocking a deal regionally.
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May 06, 2024
Unclaimed Property Class Action Against Pa. Treasurer Axed
A Pennsylvania federal judge has tossed a potential class action challenging the constitutionality of the state's unclaimed property law, finding that the state treasurer doesn't have to pay interest on property that was otherwise abandoned.
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May 06, 2024
Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling
Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.
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May 06, 2024
FCC Only Commits To Normal Review Of Soros-Audacy Deal
The FCC has informed two Republican lawmakers worried about Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy that it will conduct a regular license review, but stopped short of promising the foreign ownership review that the legislators want due to their concerns about the fund's "deeply partisan" billionaire owner.
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May 06, 2024
Experts Predict Legal Immigration Curbs If Trump Wins Again
Immigration experts warned Monday that the prospect of another Trump presidency may see limits introduced on legal immigration pathways, in part by curbing some temporary foreign worker programs and suspending immigration processing in excessively backlogged categories.
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May 06, 2024
CFPB Sues Pa. Student Loan Servicer, Trusts For $5M
The Consumer Financial Protection Bureau is seeking $5 million in penalties against a Pennsylvania public corporation that services almost $18 billion in student loans and a group of 15 securitization trusts, accusing them in federal court of ignoring or wrongly denying borrowers who requested relief.
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May 06, 2024
University Policy Is Enforceable Promise, Colo. Justices Find
The University of Denver must face breach-of-contract claims by a former student who alleges school officials botched a sexual misconduct probe used to support his expulsion, with the Colorado Supreme Court concluding on Monday that the promise in university policy to conduct "thorough, impartial and fair" investigations is enforceable under contract law.
Expert Analysis
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Why RWI Insurers Should Consider Excluding PFAS
As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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What To Expect From The DOL's Final Overtime Rule
The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.