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Public Policy
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April 24, 2024
Landlords Bring NY Rent Law Challenge To High Court Again
Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.
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April 24, 2024
Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says
The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.
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April 24, 2024
Trump Says 1890s Ruling Nixes Ga. False Filing Charges
Former President Donald Trump on Wednesday told a Georgia court a 134-year-old U.S. Supreme Court case requires the court to dismiss state charges that he made false filings in federal court in an alleged attempt to overturn the results of the last presidential election.
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April 24, 2024
Trump Can't Subpoena Daniels For Alleged Bias In NY Trial
A New York state judge rejected Donald Trump's "overbroad" subpoena seeking records that the former president said would show bias by adult film star Stormy Daniels ahead of her testimony about an alleged hush money payment in 2016.
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April 24, 2024
EU Keeps Gibraltar, Panama, UAE On AML Blacklist
Gibraltar, Panama and the United Arab Emirates should remain on the European Union's blacklist of high-risk countries for money laundering, the European Parliament said, stopping the EU from following the lead of a global organization promoting standards for countries to fight those crimes.
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April 24, 2024
Biden's Latest Judge Picks Include Blocked US Atty Nom
President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.
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April 23, 2024
Ex-Auditor, County Prosecutor Win Pennsylvania AG Primary
The race for Pennsylvania's next attorney general will pit an academic who was the state's fiscal watchdog against a Navy veteran serving as a county's top prosecutor, early primary election results showed Tuesday evening.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
AGs Urged To Probe Anti-Abortion Centers' Privacy Claims
A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data.
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April 23, 2024
Maine Gov. Signs Bill Expanding Tribal Courts' Rights
Maine Democratic Gov. Janet Mills on Monday signed into law a bill that, so far, imposes the most significant change to the state's controversial Indian Claims Settlement Act since its passage more than two decades ago.
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April 23, 2024
New Ga. Law Restricts Social Media Use For Youth Under 16
A bill signed into law Tuesday by Georgia Gov. Brian Kemp imposes new restrictions on minors' internet usage, including requiring social media companies to verify that users are 16 or older unless they receive approval from an individual's parents to use the service.
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April 23, 2024
TikTok Divestment Bill Heads To Biden's Desk
The Senate voted 79-18 on Tuesday night to pass a bill requiring ByteDance Ltd. to divest the popular social media app TikTok or face a ban in the U.S., which now goes to the president's desk.
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April 23, 2024
HHS Formalizes Flores Protections For Immigrating Minors
The U.S. Department of Health and Human Services will increase oversight of the treatment of children in immigration custody and fund the minors' legal costs, according to a final regulation released Tuesday that adopts congressional recommendations and the bedrock Flores agreement.
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April 23, 2024
Globetrotters Say SBA's 'Bureaucratic Hell' Cost COVID Grant
The Harlem Globetrotters on Monday renewed their yearslong fight with the U.S. Small Business Administration over a $10 million COVID-19 relief grant, filing a new suit in D.C. federal court accusing the SBA of leaving the team in "bureaucratic hell" rather than forking over the money it's entitled to.
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April 23, 2024
SEC Critics Preview Future Challenges To Agency Action
The U.S. Securities and Exchange Commission may face new challenges to its enforcement authority from the way it imposes industry bars to the burden of proof needed to bring its civil cases, two frequent legal opponents of the agency said Tuesday.
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April 23, 2024
CFTC Formalizes Policy On Uncleared Swaps Recordkeeping
The U.S. Commodity Futures Trading Commission adopted a rule Tuesday that codifies its longstanding practice of not requiring swap execution facilities to maintain written copies of every uncleared swap agreement, a move some commissioners argued was long overdue.
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April 23, 2024
Small Providers Can't Meet 'Vague' Title II Rules, FCC Hears
Small broadband providers will need at least a six-month buffer before they have to start complying with certain net neutrality mandates, should the Federal Communications Commission vote to restore open internet rules on Thursday, according to a communications industry trade group.
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April 23, 2024
ACLU Backs States' Power To Preempt Feds' Net Neutrality
The ACLU is a supporter of the Federal Communications Commission's plans to usher in a new era of net neutrality later this month, but the civil rights organization is also pressing the agency to make sure that states are free to enact stricter open internet protections if they see fit.
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April 23, 2024
Security Concerns May Hamper AUKUS Partnership
The U.S. Department of State is facing pressure from Congress to ease export controls to support the fledgling AUKUS defense partnership, but concerns over Australia and the U.K.'s readiness to protect U.S. weapons technology may be causing it to stall.
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April 23, 2024
Sharper Sustainability Rule May Strengthen Bid Protests
A new regulation for more environmentally friendly government purchases puts teeth into a long-standing requirement for sustainable procurement, and is likely to strengthen businesses' arguments in bid protests as agencies wrestle with the full scope of the rule.
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April 23, 2024
Sierra Club Sues EPA Over NY Aluminum Plant's Air Pollution
The Sierra Club slapped U.S. Environmental Protection Agency Administrator Michael Regan with a complaint in D.C. federal court Tuesday accusing the agency of failing to require the state of New York to cut sulfur dioxide emissions from a 112-year-old aluminum smelting plant.
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April 23, 2024
Grain Co.'s $18B Deal Raises Competition Flags For Canada
Canada's competition enforcer said Tuesday it has concerns over grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. in an $18 billion deal, saying the acquisition could result in lower prices paid to farmers and higher prices for refined canola oil.
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April 23, 2024
Mich. Judge Threatens Contempt After Atty's 'Star Snitch' Post
A lawyer defending a Republican elector against criminal charges called a government witness a "star snitch" in a February Facebook post, prompting a Michigan state judge Tuesday to warn the entire courtroom that similar behavior going forward could lead to witness tampering charges.
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April 23, 2024
US Gun Cos. Tell Justices Mexico Is Circumventing Law With Suit
A group of American firearm makers is asking the Supreme Court to throw out a suit from the government of Mexico alleging they have aided and abetted cartels, saying the First Circuit broke with the high court's precedent by allowing the case to proceed.
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April 23, 2024
Florida Loses Bid To Stay Ruling Nixing Its CWA Permit Power
A D.C. federal judge on Tuesday declined Florida's request to pause his ruling that stripped the state's federally delegated authority over a Clean Water Act permitting program, finding that the Sunshine State had not shown it was likely to succeed in its appeal of the ruling.
Expert Analysis
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.
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Opinion
SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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What's In OCC's Proposed Freedom Of Information Act Update
In this article, Christine Docherty at Goodwin discusses the Office of the Comptroller of the Currency's proposed amendments to its regulations implementing the Freedom of Information Act, and how these changes might align with guidance from other regulators.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.