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Public Policy
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May 23, 2024
NYC Mayor And Assault Accuser Spar Over Discovery 'Theatrics'
The first conference in a lawsuit alleging New York City Mayor Eric Adams sexually assaulted a Police Department colleague in 1991 grew heated Thursday, as attorneys on both sides accused the others of improper discovery gambits.
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May 23, 2024
Biden Names Judicial Nominees For 1st, 6th Circuits
President Joe Biden announced four new judicial nominees on Thursday, including picks for the First Circuit and the Sixth Circuit.
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May 23, 2024
Oakland Coliseum Sold To Black-Led Biz Group For $105M
The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.
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May 23, 2024
EU Flags Nations For Shortcomings On Pillar 2, Exchange Law
The European Commission said Thursday that six European Union countries still have failed to implement the global minimum tax for large companies, and it noted that an additional three aren't properly implementing an information exchange law.
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May 23, 2024
Commission Paves Way For Duties On Brass Rod Imports
The U.S. International Trade Commission ruled 3-1 that imported brass rods, used in cell tower networks and military braking systems, has been economically harming the domestic market.
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May 23, 2024
Yellen Opposes Global Redistribution Of Billionaires' Wealth
U.S. Treasury Secretary Janet Yellen repeated Thursday that she opposes a global minimum tax on billionaires and added that she does not support basing a redistribution of the revenue from such a tax on damage from climate change and related financing needs.
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May 23, 2024
High Court Sides With Gov't Over Repeat Offender Sentencing
A state drug conviction can trigger a mandatory 15-year sentence under the Armed Career Criminal Act if it involved a drug on the federal schedules at the time of that conviction, the U.S. Supreme Court ruled Thursday.
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May 23, 2024
Norfolk Southern Inks $310M Deal To Settle Feds' Spill Suit
Norfolk Southern Railway Co. on Thursday agreed to a $310 million deal to settle the federal government's legal claims that arose out of the 2023 train derailment in East Palestine, Ohio, that released large amounts of contaminants into the air, ground and water.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 23, 2024
High Court Rules Poor Evidence Doomed SC Map Challenge
The U.S. Supreme Court rebuked Thursday a federal judicial panel's finding that South Carolina Republicans unconstitutionally discriminated against Black voters when drawing the state's new congressional map, and established higher evidentiary standards for plaintiffs seeking to prove that race is the driving factor behind redistricting decisions.
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May 22, 2024
Neb. Takes Aim At TikTok For 'Exploiting' Teen Users
Nebraska's attorney general has become the latest to accuse TikTok of operating a service that is addictive and harmful to teens, alleging in a complaint filed in state court Wednesday that the popular video-sharing site has misled consumers about how safe and appropriate the platform is for minors.
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May 22, 2024
'Appeal To Heaven' Flag Flew At Alito's Vacation Home: Report
Democratic lawmakers on Wednesday called for U.S. Supreme Court Justice Samuel Alito to immediately recuse himself from cases related to the 2020 election and face censure after The New York Times reported that flags tied to Donald Trump supporters had flown outside two homes owned by the justice in 2021 and again last year.
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May 22, 2024
Activist Investor Must Face Exxon's Suit Over Proxy Proposal
A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.
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May 22, 2024
EasyPay Agrees To Exit Mass. In 'Rent-A-Bank' Settlement
EasyPay, an alternative finance company, has settled with Massachusetts officials over claims that it gouged Bay State borrowers with predatory loans issued through an out-of-state bank, agreeing to pay $625,000 to consumers and stop doing business in the state as part of a deal unveiled Wednesday.
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May 22, 2024
Nursing Home Asks Ill. Justices For Broad COVID Immunity
An Illinois nursing home facing wrongful death suits over an outbreak of COVID-19 told the state's highest court Wednesday that plaintiffs were trying to have it "both ways," by claiming Gov. J.B. Pritzker's grant of pandemic-related immunity to healthcare facilities was both clear and ambiguous.
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May 22, 2024
Calif. Justices Debate Time To Sue To Change Insurer's Practices
A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.
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May 22, 2024
Arizona Officials Spar Over Stay In Voting Rights Fight
Arizona Secretary of State Adrian Fontes is asking a federal district court to deny a bid by the state's top lawmakers and the Republican National Committee to pause a decision to bar provisions of voting legislation from being enforced, arguing that a change this close to an election would create confusion.
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May 22, 2024
US House Passes Crypto Bill Over SEC, White House Dissent
The U.S. House of Representatives on Wednesday passed a Republican-led framework to regulate digital assets despite pushback from many Democrats, the U.S. Securities and Exchange Commission and the White House, which questioned whether the bill will actually provide the clarity it promises.
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May 22, 2024
Fla. Gaming Compact Contradicts Law, High Court Told
Two Florida casino operators seeking to undo a sports gaming compact between the state and the Seminole Tribe fired back at the federal government's claims that the agreement is legal, arguing that its language contradicts the Indian Gaming Regulatory Act.
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May 22, 2024
Feds And Enviro Groups Fight Utah Counties' High Court Bid
The United States, a Colorado county and five environmental groups are fighting a bid by a coalition of Utah counties to win a U.S. Supreme Court review of a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from the state.
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May 22, 2024
Monsanto's Appellate Win Won't Nix $438M PCB Loss
A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.
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May 22, 2024
Seattle Sues Train Cos. Over Bike Track-Crossing Suits
The city of Seattle says two short-line railroads have breached agreements to maintain liability insurance and indemnify the city in lawsuits from cyclists injured crossing tracks along a perilous stretch of a popular bike trail, according to a complaint filed in Washington state court.
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May 22, 2024
Ex-Citi Exec Says She Was Asked To Lie To OCC
A former Citibank NA managing director hired to bring the bank into compliance with regulatory obligations has accused the bank and its chief operating officer of wrongful termination and retaliation in a suit Wednesday, alleging she was fired for not reporting false information to authorities.
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May 23, 2024
Sunsetting Section 230 Gains Traction On Both Sides Of Aisle
Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.
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May 22, 2024
Antitrust Judge Questions Apple's Phil Schiller On New Fees
A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.
Expert Analysis
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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5 Takeaways From FDA's Biosimilars Promotion Guidance
New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.
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The Legal Issues Raised In Minn. Rate Exportation Opt-Out Bill
A recent Minnesota House bill would amend state law by opting out of the federal interest rate preemption and introduce several legal gray areas if passed, including issues regarding loan location, rates on credit card loans and values of state charters, says Karen Grandstrand at Fredrikson & Byron.
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Rebuttal
Time For Congress To Let Qualified Older Pilots Keep Flying
While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.
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Does Expert Testimony Aid Preliminary IPR Responses?
Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.
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Fostering Employee Retention Amid Shaky DEI Landscape
Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.
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Are Concessions In FDA's Lab-Developed Tests Rule Enough?
Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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What's Extraordinary About Challenges To SEC Climate Rule
A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Key Priorities In FDIC Report On Resolving Big Bank Failures
The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.