Public Policy

  • September 06, 2024

    Atlanta Hit With Clean Water Suit Over Wastewater Discharge

    A conservation group sued Atlanta in Georgia federal court Friday, claiming the city failed to properly maintain its largest wastewater treatment plant, sending excessive pollution, including harmful bacteria, into the Chattahoochee River — a charge the city says it has corrected.

  • September 06, 2024

    Sharpe Rips Favre's Nod To Palin-NYT Ruling As Irrelevant

    Sportscaster Shannon Sharpe blasted former NFL quarterback Brett Favre on Friday for improperly asking the Fifth Circuit to consider, as it mulls reviving a case against Sharpe, a recent ruling that granted Sarah Palin a new libel trial against the New York Times.

  • September 06, 2024

    Ga. Man Dismisses His Challenge To Disorderly Conduct Law

    A Woodbury, Georgia, resident who challenged the city's disorderly conduct ordinance after being arrested for arguing with a city employee in response to his water having been shut off has agreed to dismiss the suit.

  • September 06, 2024

    4 ERISA Arguments To Watch In September

    The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.

  • September 06, 2024

    Enviro Groups Challenge FERC Approval Of La. LNG Terminal

    Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."

  • September 06, 2024

    Colo. Counties Sue State Over $25M Mining Tax Fund Transfer

    Seven Colorado counties filed a lawsuit in Denver District Court on Thursday against the state over legislation transferring $25 million in revenue generated by a tax on mineral extraction, wiping out a fund on which the counties "have come to heavily rely" and warning of severe consequences for their communities.

  • September 06, 2024

    Judge Barnard Says It's 'About Time' For Texas Biz Court

    Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.

  • September 06, 2024

    Workers At GE Aviation Plant Were Paid Late, Suit Claims

    More than 100 employees of a General Electric aviation manufacturing plant in Massachusetts say they were paid late on multiple occasions, in violation of the state's Wage Act, according to a proposed class action filed in state court.

  • September 06, 2024

    2nd Circ. Tests Trump Bid To Overturn $5M Carroll Verdict

    A Second Circuit panel indicated Friday that Donald Trump faces an uphill climb in seeking a new trial after a jury found he sexually abused writer E. Jean Carroll and awarded her $5 million in damages.

  • September 06, 2024

    China Complains To WTO About Canada EV Surtaxes

    China is looking for the World Trade Organization to step in to address proposed Canadian surtaxes on imported Chinese electric vehicles, steel and aluminum, taxes that a spokesperson for China's Ministry of Commerce said Friday violate the organization's rules.

  • September 06, 2024

    Trump Sentencing Pushed Back Until After Election

    The New York judge overseeing Donald Trump's hush money case said Friday he will not sentence the former president before Election Day, pushing the hearing date from Sept. 18 to Nov. 26 in an effort to avoid the appearance of political considerations.

  • September 06, 2024

    Indicted Power Broker, Atty Brother Hit With Civil RICO Suit

    Philadelphia developer Carl Dranoff has accused the indicted brothers George E. Norcross III, a New Jersey power broker, and Parker McCay CEO Philip A. Norcross of causing him and his company millions of dollars in damages by intimidating and extorting him out of his property development rights in the city of Camden, New Jersey.

  • September 05, 2024

    11th Circ. Backs Miami's Defeat Of Ex-Worker's Bias Suit

    The Eleventh Circuit backed the city of Miami's win over a building services employee's lawsuit claiming she was fired because she's a Black lesbian woman, saying Thursday she failed to take issue with the trial court's rationale for tossing the case.

  • September 05, 2024

    Lawmakers, AGs Urge Justices To OK Denial Of E-Cig Apps

    A coalition of state attorneys general and a group of Democratic Congress members are backing the U.S. Food and Drug Administration in its fight to persuade the U.S. Supreme Court to overturn a decision striking down the denials of applications to market flavored vapes.

  • September 05, 2024

    Texan Admits Plot To Scam Admitted Scammer George Santos

    Former Congressman George Santos, R-N.Y., on Thursday sat in the gallery during the plea hearing of a Texan who tried to scam the admitted fraudster by falsely claiming he could get Santos' criminal case tossed or upcoming sentence reduced in exchange for cash.

  • September 05, 2024

    Wash. Bar Backs Experiment For Nonlawyers To Practice

    The Washington State Bar wants to relax the rules on who can practice law, in what it hopes will allow businesses not run by lawyers the chance to innovate how the industry provides legal services and expand who is able to afford them.

  • September 05, 2024

    Wash. Justices Won't Take Up BNSF Water Reg Dispute

    Washington's highest court on Wednesday declined a request for review by BNSF Railway Co. and two Washington ports seeking to reverse a water quality watchdog's win in a dispute over the scope of state-issued industrial stormwater permit terms.

  • September 05, 2024

    Labor, Industry Agree: Mich. Wage Ruling Should Stand

    Hospitality groups and workers' rights campaigners have both slammed Michigan regulators' request that the state supreme court clarify its recent minimum wage ruling, the groups coming to opposite conclusions about the state's intent but agreeing that the justices should deny the request and let the ruling speak for itself. 

  • September 05, 2024

    Immigration Orgs Warn White House Not To Pursue Border Act

    Immigration and human rights advocacy organizations warned the Biden administration that they would oppose any plans to revive a failed, bipartisan bill that would have introduced a new presidential authority to stop asylum processing at the border, calling the proposal cruel and anti-immigrant.

  • September 05, 2024

    Texas Says New HIPAA Rule Obstructs State Abortion Laws

    Texas has hit the federal government with a suit challenging a new privacy rule limiting the disclosure of reproductive health information to law enforcement, arguing the rule was designed to obstruct the state's ability to enforce its own laws on abortion.

  • September 05, 2024

    Judge Sharp No Stranger To Complex Cases Biz Court To See

    Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.

  • September 05, 2024

    FTC Staff Opposes Indiana Hospital Merger

    Federal Trade Commission staff on Thursday urged Indiana's health department to reject Union Health's planned purchase of Terre Haute Regional Hospital LP from HCA Healthcare Inc.

  • September 05, 2024

    Unconstitutionality Of Transparency Act Clear, 11th Circ. Told

    A small business group and one of its members have told the Eleventh Circuit that an Alabama federal judge correctly ruled that the Corporate Transparency Act is unconstitutional, so there was no need for them to demonstrate that the law fails to pass constitutional muster.

  • September 05, 2024

    Mayors Say No To FCC Bulk Billing Proposal

    Dozens of mayors from across the country have teamed up to tell the Federal Communications Commission that they are against its plans to enact stricter regulations against bulk billing arrangements, saying the agency's "intervention would be detrimental."

  • September 05, 2024

    FCC Says Telecom Needn't Cover Already Funded Tribes

    A pair of tribes in Oklahoma and Arizona already have plans to use federal funding to get broadband to their people, so the FCC has agreed to remove the tribal lands from the area one telecom was required by its federal grant commitments to provide service to.

Expert Analysis

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

    Author Photo

    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • Opinion

    Unclear Intellectual Property Laws Are Stifling US Innovation

    Author Photo

    U.S. intellectual property law’s lack of predictability means far less job-creating investments for companies that need patent protection to compete, and Congress must step in with legislation like the Patent Eligibility Restoration Act to help address the problem, says Michael Gulliford at Soryn IP Capital Management.

  • Pros And Cons Of 2025 NDAA's Space Contracting Proposal

    Author Photo

    The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

    Author Photo

    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • New Russia Sanctions Law: Bank Compliance Insights

    Author Photo

    Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.

  • Opinion

    Dreamer Green Card Updates Offer Too Little For Too Few

    Author Photo

    Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.

  • 3 Healthcare FCA Deals Provide Self-Disclosure Takeaways

    Author Photo

    Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.

  • Opinion

    Congress Must Increase Small Biz Ch. 11 Debt Cap

    Author Photo

    Congress must act to reinstate Subchapter V, which recently sunsetted when the debt threshold to qualify reverted from $7.5 million to just over $3 million, meaning thousands of small businesses will no longer be able to use the means of reorganization, says Daniel Gielchinsky at DGIM Law.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

    Author Photo

    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • Series

    After Chevron: ERISA Challenges To Watch

    Author Photo

    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Menendez Corruption Ruling Highlights Attorney Proffer Risks

    Author Photo

    The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

    Author Photo

    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • What's In NYDFS Guidance On Use Of AI In Insurance

    Author Photo

    Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.

  • Takeaways From High Court's Tribal Health Admin Cost Ruling

    Author Photo

    The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.

  • Navigating Antitrust Considerations In ESG Collaborations

    Author Photo

    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!