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Public Policy
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April 23, 2024
Md.-Based Career Public Servant Is The FTC's Newest ALJ
The Federal Trade Commission announced the appointment of another administrative law judge on Tuesday, elevating a longtime public servant who had previously become the first female Muslim American administrative law judge at the Maryland Office of Administrative Hearings.
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April 23, 2024
Colo. Neural Privacy Law Has Attys Scratching Their Heads
Colorado's governor signed the nation's first law specifically protecting neural data last week, but privacy attorneys say key caveats in the legislation leave them unsure how far the measure really goes.
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April 23, 2024
Reciprocal Discipline Not Time Limited, Colo. Justices Say
A former Colorado attorney cannot escape disbarment there, the state Supreme Court has ruled, finding a rule placing a time limit on sanctions does not apply to reciprocal discipline, and therefore the attorney's 2022 disbarment in Washington, D.C., for misconduct that occurred in 2008 and 2009 may be reciprocated in Colorado.
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April 23, 2024
Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told
A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.
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April 23, 2024
Coverage Recap: Day 2 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 ahead of the 2016 election. Here's a full recap from day two.
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April 23, 2024
FTC Bars Employers From Imposing Noncompete Contracts
The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.
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April 23, 2024
Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering
A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.
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April 23, 2024
Trump 'Detached From Facts' In Fla. Docs Case, Feds Say
Prosecutors in Donald Trump's classified documents case have told a Florida federal judge that the former president's legal team was trying to paint a false narrative of political bias in its motion to obtain more discovery.
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April 23, 2024
Trump Atty 'Losing Credibility' In Defending Posts, Judge Says
The New York judge presiding over former President Donald Trump's hush money case on Tuesday gave a harsh appraisal of defense attorney Todd Blanche's attempts to keep his client out of criminal contempt for disparaging witnesses online, saying the lawyer was "losing all credibility" as he argued Trump was "being very careful" with his words.
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April 23, 2024
DOL's Final Investment Advice Regs Expand ERISA's Reach
The U.S. Department of Labor issued final regulations Tuesday broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, backing off some changes included in a proposal the agency released in October.
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April 23, 2024
DOL Unveils Final OT Rule That Raises Salary Limits
The U.S. Department of Labor on Tuesday released its long-awaited final rule raising the salary thresholds for overtime exemptions, solidifying aspects of a proposal that faced opposition from Republicans and business groups.
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April 22, 2024
HHS Finalizes Rule Bolstering Abortion Privacy Protections
The U.S. Department of Health and Human Services on Monday issued a finalized version of its new rule that aims to protect the privacy of abortion providers and patients by prohibiting the disclosure of information related to "lawful reproductive health care," according to an announcement made by the agency.
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April 22, 2024
DOJ Antitrust Concerns Topple $960M Insulation Biz Merger
Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.
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April 22, 2024
Colo. Justices Clarify Med Mal Damages Cap Calculation
The Colorado Supreme Court held Monday that a trial court can't consider a victorious medical malpractice plaintiff's insurance liabilities to statutorily cap his award at $1 million, saying an exception to the state's "collateral source" statute bars application.
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April 22, 2024
4 Biggest Takeaways From New EPA 'Forever Chemicals' Rule
The U.S. Environmental Protection Agency's new rule listing two "forever chemicals" as hazardous substances under the Superfund law will introduce costly new cleanup requirements at polluted sites — that is, if the rule survives probable legal challenges targeting its novel legal foundation and the accuracy of asserted health risks.
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April 22, 2024
NY's 'Buy-Now, Pay-Later' Oversight Bill Delayed But Not Dead
A New York state proposal to start licensing and supervising buy-now, pay-later providers didn't make the final cut in lawmakers' just-approved $237 billion budget, but a version being advanced through standalone legislation could still make it into law.
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April 22, 2024
Kansas Gov. Signs Earned Wage Access License Bill Into Law
Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.
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April 22, 2024
CORRECTED [New Headline]:Tribe Says NY Lottery Breaks Law
A tribe in New York has asked a federal judge to bar state officials from operating any lottery vending machines on its self-proclaimed reservation, saying gambling on Indian lands is within the jurisdiction of tribes and regulated by the Indian Gaming Regulatory Act.
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April 22, 2024
FCC Fines AT&T, Internet Co. For Discussing Auction Bids
AT&T Services Inc. and AMG Technology Investment Group LLC have not been able to convince the Federal Communications Commission to kibosh a combined $175,000 in fines for talking to each other during the bidding process for an auction of funds to subsidize infrastructure build-out.
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April 22, 2024
Ecuadorian Voters Reject Investor-State Arbitration
Voters in Ecuador on Sunday decisively rejected a government proposal to recognize international arbitration to resolve investment disputes, nearly a year after the country's Constitutional Court found that the dispute resolution mechanism violates Ecuadorian law.
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April 22, 2024
FCC Eyes Rule Changes For Independent Video Programmers
The Federal Communications Commission plans to explore how federal rules can better help independent video programmers thrive in a competitive media landscape and may prohibit a pair of provisions that affect their contracts with distributors.
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April 22, 2024
Seattle Property Owners Can't Use COVID To Stop $160M Tax
A Washington appeals court said on Monday that Seattle can keep a $160 million property tax to pay for waterfront improvements, in an opinion that rejected an argument that diminished property values after COVID-19 should force the city to recalculate the tax.
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April 22, 2024
Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan
Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.
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April 22, 2024
Jury Begins Deliberating In Ex-Ecuador Official's Bribery Trial
Jurors began deliberating Monday afternoon in Florida federal court on the fate of the former comptroller of Ecuador, who prosecutors say took millions of dollars in bribes and directed his son, a banker in Miami, to launder the money.
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April 22, 2024
Trade Court Faults Feds For Ignored Russian Curbs In Probe
The U.S. Court of International Trade faulted trade commissioners for failing to properly consider how U.S. sanctions on Russia affected oil and gas tube trade, ordering them to redo their ruling that tube imports harmed U.S. businesses.
Expert Analysis
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Antitrust Enforcers' Views On Info Exchanges Are Evolving
As antitrust enforcers' views on information exchanges between competing companies have matured in response to technological advances, companies would do well to reconsider whether the exchanges in which they participate meet the most recent compliance benchmarks, say attorneys at Norton Rose.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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Takeaways From NLRB Advice On 'Outside' Employment
Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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How The FAA Is Embracing Simplified Flight Controls
The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.
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FERC's Updated Settlement Policy Comes With Risks For Cos.
The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.
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Tips For CCOs Submitting Annual Compliance Reports
Recent settlement actions by the U.S. Commodity Futures Trading Commission, coupled with statements made by both CFTC and U.S. Securities and Exchange Commission leadership, demonstrate why this year's chief compliance officer annual report filing is no ordinary exercise, and highlight the increasing importance of the report and its usage, say attorneys at Steptoe.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Decline In Same-Industry M&A Tells A Nuanced Policy Story
In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.
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SEC's Final Climate Disclosure Rules: What Cos. Must Know
While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.