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Public Policy
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May 22, 2024
Juvenile Facilities Across Pa. Sued For Sexual Abuse
Over 60 people filed lawsuits against the Pennsylvania Department of Human Services and the owners of several juvenile detention facilities Wednesday alleging widespread sexual abuse inflicted upon residents by staff at the facilities.
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May 22, 2024
GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers
Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border.
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May 22, 2024
Uvalde Families Ink $2M Deal With City Over School Shooting
The families of 19 victims of the deadly May 2022 shooting at Robb Elementary School announced Wednesday that they've reached a presuit settlement with the city of Uvalde, Texas, that includes $2 million in payments to the families and commitments to better train police officers in their shooting responses.
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May 22, 2024
Senate, House Dems Seek DOJ Big Oil Climate Impact Probe
U.S. Sen. Sheldon Whitehouse and U.S. Rep. Jamie Raskin, Democrats from Rhode Island and Maryland, respectively, called on the U.S. Department of Justice on Wednesday to formally investigate Big Oil companies over their decadeslong effort to conceal the impact of fossil fuels on climate change.
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May 22, 2024
WeChat Users Must Arbitrate Privacy Row, Calif. Panel Says
California appellate justices said Monday that WeChat users must arbitrate their proposed class action accusing Tencent of using politically motivated practices to censor their communications, saying plaintiffs can't argue they never agreed to terms of service with the arbitration provision while also basing their complaint on those same terms of service.
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May 22, 2024
Tennessee DA, PD Sued Over $1.35M Seizure Of Legal Hemp
A Tennessee hemp seller and a wholesaler are suing the city of Spring Hill, its police department and a prosecutor, saying they illegally seized $1.35 million in legal hemp under the belief that it's the "same damn thing" as illegal cannabis.
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May 22, 2024
Iowa AG Says Immigration Law's Critics Must Unmask To Sue
Iowa's attorney general called on an Iowa federal court to force two immigrants challenging a law that provides state officials with deportation powers to reveal their identities, saying the pair haven't shown they would face serious danger if unmasked.
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May 22, 2024
DOJ Targets Okla. In Latest Suit Over State Immigration Laws
The U.S. Department of Justice is asserting the supremacy of federal immigration law once again, this time taking aim at the legality of an Oklahoma state law making it a crime for undocumented immigrants to live in the state.
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May 22, 2024
NY Judicial Nominee Defends Record Amid GOP Criticism
A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.
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May 22, 2024
Major County Sheriffs Seek FCC's OK For Axon Cameras
Sheriffs from the largest U.S. counties called on the Federal Communications Commission to waive technical rules to allow law enforcement to use three new Axon camera devices.
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May 22, 2024
DeSantis Ducks Voters' Suit Over Fla. Prosecutor Suspension
A Florida federal judge on Wednesday tossed voters' attempt to undo Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, finding that the voters had not shown they were injured by the suspension.
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May 22, 2024
SC Gov. Signs Earned Wage Access Bill Into Law
South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.
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May 22, 2024
EPA Urges Justices To Keep Ozone Fight In DC Circ.
The U.S. Environmental Protection Agency on Tuesday urged the Supreme Court to keep seven consolidated challenges to the EPA's decision disapproving Utah's and Oklahoma's air quality plans in the D.C. Circuit.
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May 22, 2024
200th Lifetime Judge Confirmed Under Biden
The U.S. Senate voted 66-28 on Wednesday to confirm U.S. Magistrate Judge Angela M. Martinez as U.S. district judge in the District of Arizona, marking the 200th lifetime federal judicial confirmation under President Joe Biden.
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May 22, 2024
NC County Sued Over 'Faithful Slaves' Courthouse Monument
A group of residents of North Carolina's Tyrrell County has sued the county's board of commissioners in North Carolina federal court over an allegedly racist monument outside a courthouse that commemorates "faithful slaves" deemed loyal to the Confederacy during the American Civil War.
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May 22, 2024
Commerce Lifts Xanthan Gum Duty That Trade Court Rebuked
The U.S. Department of Commerce reluctantly erased anti-dumping duties on Chinese xanthan gum after being twice rebuked by the U.S. Court of International Trade for penalizing a company with higher duties based on issues with its sales data.
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May 22, 2024
NY Federal Reserve Associate GC Rejoins Covington
A former Covington & Burling LLP associate who left the firm 13 years ago to join the Federal Reserve Bank of New York has returned to work as of counsel, the firm announced Tuesday.
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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.
Expert Analysis
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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.
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8 Tips As GCs Prep For New SEC Climate Disclosure Rules
The U.S. Securities and Exchange Commission's recently adopted rules governing climate-related disclosures represent a major change to the existing public company disclosure regime, so in-house counsel should begin to evaluate existing systems and resources related to emissions data, and identify the changes that will need to be made, say attorneys at Bracewell.
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A Defense Strategy For Addressing Copyright Fee-Shifting
Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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An Overview Of Key Financing Documents In Venture Capital
The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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Opinion
Neb. Justices Should Weigh IRC Terms In Dividend Tax Case
Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.
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What New Waste Management Laws Signal For The Future
Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.