Public Policy

  • May 25, 2022

    Non-Atty Debtor Advice Co. Shielded From NY Prosecution

    Legal nonprofit Upsolve will be allowed to give advice to low-income debtors without fear of prosecution for practicing law without a license, a New York federal judge ruled Wednesday, saying the organization's activity is First Amendment-protected speech.

  • May 25, 2022

    NJ Transit Not Immune To Suit Over Man Hit By Bus In NY

    A New York appeals court won't let New Jersey Transit Corp. escape a suit that alleges one of its bus drivers negligently hit a man in New York City, saying that while NJT has sovereign immunity to suits in out-of-state courts as an agent of New Jersey, an exception must be made in this case because the suit could not have been filed in the Garden State.

  • May 25, 2022

    Digital Taxes To Stay Without Pillar 1, EU Lawmakers Warn US

    European lawmakers warned a U.S. delegation Wednesday that digital services taxes will continue to apply unless a global reallocation of multinational corporations' profits, the so-called first pillar of the OECD's proposed tax overhaul, is enacted. 

  • May 25, 2022

    Watchdog Clears Bank Of Ireland's $5.3B KBC Deal

    Ireland's competition enforcer is requiring Bank of Ireland to support non-bank lenders and agree to other commitments as conditions for its €5 billion ($5.3 billion) acquisition of assets from KBC Group NV.

  • May 25, 2022

    Senate Confirms Colo., NJ Trial Court Judges

    The Senate on Wednesday confirmed President Joe Biden's nominees for district court vacancies in New Jersey and Colorado.

  • May 25, 2022

    EPA Acts To Block Alaska's Controversial Pebble Mine

    The controversial Pebble mine planned for Alaska's Bristol Bay was dealt a potentially lethal blow on Wednesday when the U.S. Environmental Protection Agency proposed limiting all discharges from the project.

  • May 25, 2022

    EPA Hits Puerto Rico Biz Over Wastewater Discharges

    The U.S. Environmental Protection Agency issued an enforcement order to ALV Development LLC on Tuesday under the Clean Water Act addressing untreated sewage discharges into the Los Cedros Creek in Peñuelas, Puerto Rico, according to a press release.

  • May 25, 2022

    DC Circ. Blocks Jan. 6 Panel's Access To RNC Records

    A D.C. Circuit panel of judges appointed by former President Donald Trump has temporarily blocked the House committee investigating last year's deadly U.S. Capitol attack from subpoenaing a Republican National Committee software vendor for email campaign records and testimony concerning its services to Trump and the RNC during the 2020 election cycle.

  • May 25, 2022

    Biden Taps Judge Pan To Replace Jackson On DC Circuit

    President Joe Biden nominated three women to fill circuit court vacancies Wednesday, including picking U.S. District Court Judge Florence Y. Pan to replace soon-to-be Supreme Court Justice Ketanji Brown Jackson on the influential D.C. Circuit.

  • May 25, 2022

    USTR's China Tariff Review Won't Foreclose Other Tweaks

    The Office of the U.S. Trade Representative's top attorney said Tuesday that the agency's review of Trump-era tariffs on Chinese goods is likely to take "months," but won't foreclose its ability to issue new exclusions from the levies or make other changes.

  • May 24, 2022

    Fla. Committee Approves $2B Carrier Reinsurance Program

    Florida lawmakers approved a bill Tuesday to create a $2 billion reinsurance program to reimburse carriers for some of their most significant losses, while striking down policy nonrenewal amendments for homeowners and insurers.

  • May 24, 2022

    New EU-US Data Transfer Pact On Path To Fail, Schrems Says

    Austrian privacy activist and lawyer Max Schrems, who spearheaded the legal challenges that led to the demise of a pair of vital transatlantic data transfer mechanisms, has cautioned European Union and U.S. policymakers that their proposed replacement framework was unlikely to fare any better unless "substantive" changes are made. 

  • May 24, 2022

    Ex-Defender Insists Judiciary Owes Appellate Cost Award

    A former North Carolina assistant federal public defender has fired back at the federal judiciary's claim that she cannot seek an appellate cost award in her lawsuit challenging court officials' handling of her sexual harassment complaints, saying she prevailed on the merits of two claims when the Fourth Circuit partially revived the case last month.

  • May 24, 2022

    FTC Launches Inquiry Into Infant Formula Shortage

    The Federal Trade Commission said Tuesday that it has launched an inquiry into the baby formula shortage and is seeking public comment to determine if any businesses are taking advantage of families and how concentration in the formula market might be contributing to the scarcity.

  • May 24, 2022

    Ga. Justice Keeps Seat On State High Court

    Georgia Supreme Court Justice Verda M. Colvin retained her seat Tuesday, according to preliminary results from statewide judicial elections.

  • May 24, 2022

    As Fintiv Wanes, O'Malley Calls It 'Much Ado About Nothing'

    Former U.S. Circuit Judge Kathleen O'Malley said Tuesday at a patent conference that a sharp drop-off in Patent Trial and Appeal Board decisions this year denying inter partes review under the board's precedential Fintiv decision should quell any lingering fuss over the controversial policy.

  • May 24, 2022

    Paxton Defeats Bush In Texas AG Primary Runoff

    Embattled Texas Attorney General Ken Paxton on Tuesday defeated challenger George P. Bush in a Republican primary runoff election to continue his bid for a third term as the state's top attorney.

  • May 24, 2022

    Indiana Court Overturns Docs' Win In Botched Treatment Case

    An Indiana appeals court on Tuesday revived a suit accusing doctors of providing negligent mental health treatment to a man who was sentenced to prison for killing his grandfather, saying the suit was wrongly tossed under a legal doctrine preventing a party from relitigating a court-resolved issue.

  • May 24, 2022

    CFPB Revamps Innovation Unit In Shift From Trump-Era Tack

    The Consumer Financial Protection Bureau signaled Tuesday that it is pivoting from its Trump-era no-action letter and sandbox programs as part of an overhaul of the agency's innovation office, which is being turned into the "Office of Competition and Innovation."

  • May 24, 2022

    NJ AG Ordered To Give Prosecutors' Manual To Defense Atty

    The New Jersey Attorney General's Office must hand over a copy of its guide for handling criminal prosecutions and investigations to a local criminal defense attorney after a state court judge found the prosecutors failed to show it was exempt from public records laws.

  • May 24, 2022

    Dems Urge Google CEO To Protect Abortion Patients' Data

    Dozens of Democratic federal lawmakers urged the CEO of Google parent Alphabet Inc. on Tuesday to stop collecting users' location data, arguing that conservative prosecutors could use that information to go after women seeking abortions if the U.S. Supreme Court overturns Roe v. Wade.

  • May 24, 2022

    Justices Told Calif. Biz Lacks 'Contacts' Required For Ore. Tax

    A California telecommunications company should not have to pay an Oregon tax because the company doesn't have "economic and virtual contacts" with the state, as called for by the U.S. Supreme Court's Wayfair decision, the company told the justices.

  • May 24, 2022

    USPTO Update Brings Consistency To Genericness Standard

    The U.S. Patent and Trademark Office has updated its standard for rejecting trademarks that are deemed generic, a move that attorneys say will bring more consistency to trademark proceedings but also will require applicants to prepare to defend against genericness findings earlier on.

  • May 24, 2022

    Ariz. Judge Axes Tribes', Enviros' Suits Over Copper Mining

    Native American tribes and environmental groups can't block a Hudbay Minerals Inc. subsidiary from mining copper ore in the Santa Rita Mountains, an Arizona federal judge has ruled, saying the company's decision to give up a federal permit meant there was nothing left for the plaintiffs to challenge.

  • May 24, 2022

    Wyden Presses Trump's Ex-Accounting Firm On Tax Returns

    Senate Finance Committee Chairman Ron Wyden pressed former President Donald Trump's erstwhile accounting firm — which has cast doubt on the reliability of reports on his finances — over the accuracy of his business's tax and financial reporting in a letter Tuesday. 

Expert Analysis

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    Calif. 4-Day Workweek Proposal Would Fuel Employer Exodus

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    California's proposal to truncate the workweek would result in significant increases in employer costs and reduced hours for hourly employees, and would encourage companies to leave for other states, so lawmakers should instead reform the state's rigid wage and hour laws for greater work schedule flexibility, say Julia Trankiem and Timothy Kim at Hunton.

  • Cos. Should Comment Now On New Offshore Wind Areas

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    The Bureau of Ocean Energy Management's recent calls for information regarding potential wind energy areas along the Central Atlantic and Oregon coasts give developers an important opportunity to participate in creating a defensible environmental review process that will enable project development, says Andrew Glenn at Husch Blackwell.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Crypto Cos. Should Prep For More IRS John Doe Summonses

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    In anticipation of new reporting requirements that will go into effect in 2024, cryptocurrency exchanges and custodians should inform themselves on the John Doe summons, a unique mechanism that allows the IRS to obtain expansive information about cryptocurrency transactions, say Shivani Poddar and Andrew Heighington at Herrick Feinstein.

  • 2 High Court Rulings Complicate Gov't Regulation Of Speech

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    The U.S. Supreme Court's recent decisions in City of Austin v. Reagan National Advertisements of Austin and Shurtleff v. City of Boston both highlight the complexity of the ever-evolving framework that government officials must use when attempting to regulate speech, say Brady Wilson and Justin Burns at Dinsmore.

  • Opinion

    Justices' Deference To Immigration Court Is Concerning

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    The U.S. Supreme Court’s decision in Patel v. Garland, which discounts an immigration judge's blatant misreading of the law, prioritizes adherence to legal doctrine over concerns about the legitimacy of legal process, expanding judicial deference to executive decision making regarding immigration law, says César García Hernández at Ohio State University.

  • Perspectives

    We Can't Rely On Lawyers For Every Justice Need

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    The Southern District of New York, which recently heard arguments in Upsolve and John Udo-Okon v. New York, has the opportunity to increase access to justice by allowing nonlawyers to provide legal help, shifting the focus from credentials to substantive outcomes, says Rebecca Sandefur at Arizona State University.

  • Employer Travel Benefits Options For Abortion Care Post-Roe

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    Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

  • Partial Student Loan Forgiveness: What Are The Implications?

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    As President Joe Biden makes a decision on student loan forgiveness in the next few weeks — he stated support for $10,000 in relief on the campaign trail — there are legal and asset-backed security consequences that should be taken into consideration, says Lyle Solomon at Oak View Law Group.

  • Opinion

    The SEC's Climate Disclosure Plan Fails Individual Investors

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    The U.S. Securities and Exchange Commission’s historic proposal to create a new climate disclosure regime for U.S. companies is good for business, but it doesn’t line up with the commission’s mission to protect individual investors, and the SEC should reconsider its approach before it is challenged in court, says Lawrence Cunningham at GW Law.

  • Knotty FTC Adjudication Risks Becoming Even More Tangled

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    Following last year's U.S. Supreme Court decision in AMG, the Federal Trade Commission has pivoted to litigation in its own administrative tribunal, and the odds are stacked against FTC targets in these lightning speed proceedings, which has raised due process questions and the specter that these actions could be significantly reshaped through the courts, say attorneys at Covington.

  • New Ariz. Cyberattack Info Sharing May Be Worth The Burden

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    A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

  • Opinion

    More Regulation Is Needed In US Fertility Industry

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    Though states have made some progress in recent years, the U.S. fertility industry remains plagued by widespread fraud and legal loopholes that must be addressed with legislation to bolster protections for patients and children conceived through reproductive technology, says Rachel Wexler at Trachman Law Center.

  • Phase I Site Assessments After EPA U-Turn On 2021 Standard

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    With the U.S. Environmental Protection Agency withdrawing its recent approval of the 2021 ASTM standard for Phase I environmental site assessments, parties preparing a Phase I report would be wise to comply with the 2013 standard — at least for now, says Heather Richardson at Thompson Hine.

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