Public Policy

  • September 09, 2024

    Baltimore Strikes $80M Opioid Settlement With Teva

    Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.

  • September 09, 2024

    Tax Court's Take Shouldn't Loom Over Kyocera Case, US Says

    The U.S. Tax Court's opinion that allowed a company to treat a gross-up for taxes paid by its foreign subsidiaries as a dividend received goes against what Congress intended and shouldn't be applied to Kyocera's similar claims, the U.S. Department of Justice told a South Carolina federal court.

  • September 09, 2024

    Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math

    Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.

  • September 09, 2024

    FERC Botched Tenn. Pipeline Approval, Enviro Orgs Tell DC Circ.

    The Federal Energy Regulatory Commission relied on a botched climate change analysis to unlawfully approve a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is set to replace a coal-fired plant, environmentalists told the D.C. Circuit.

  • September 09, 2024

    Illinois Judge Won't Block Chicago Rental Protections

    An Illinois federal judge refused Friday to grant a property company an injunction blocking the enforcement of a Chicago ordinance intended to protect renters living in foreclosed residential properties by entitling them to $10,000 payouts.

  • September 09, 2024

    No Re-Do In Ex-Defender's Sex Bias Case Against Judiciary

    A Massachusetts federal judge declined on Monday to reconsider his ruling that the federal judiciary did not violate the rights of a former North Carolina public defender because the attorney had not adequately put her office on notice of her sexual harassment claims.

  • September 09, 2024

    DOL Issues Updated Cybersecurity Guidance For ERISA Plans

    The U.S. Department of Labor released new cybersecurity guidance applicable to the full gamut of retirement plans governed by the Employee Retirement Income Security Act, offering advice on topics including hiring service providers and best practices for keeping workers' information safe.

  • September 09, 2024

    Frankfurt Kurnit Adds Ex-Copyright Office GC In LA

    Frankfurt Kurnit Klein & Selz PC has brought in a new partner to the entertainment litigation group in its Los Angeles office, an attorney with vast experience in copyright law that includes serving as general counsel for the U.S. Copyright Office.

  • September 09, 2024

    DOJ Says Judge Missing 'Egregious' Slur In Race Bias Suit

    A Georgia federal judge ignored crucial context and overlooked the "egregious nature" of a racial slur leveled at a Black worker when recommending that a race bias suit brought against a Georgia county by the federal government be thrown out, the U.S. Department of Justice said.

  • September 09, 2024

    NJ Court Won't Rush UAW's Smoking Law Case Appeal

    The New Jersey Appellate Division rejected the United Auto Workers' emergency bid to overturn the dismissal of its suit alleging a law excluding casino workers from secondhand smoking protections violates the state constitution, according to a Friday order.

  • September 09, 2024

    Ore. Tax Court Nixes Parcel Owners' Bid To Raise Valuation

    The Oregon Tax Court rejected an attempt by owners of a property to increase its tax valuation, saying the owners failed to show they were aggrieved by the valuation and did not first appeal to the local assessment board.

  • September 09, 2024

    EPA Enforcement Alert Issued For Illegal HFC Imports

    The U.S. Environmental Protection Agency said it is cracking down on illegal imports of hydrofluorocarbons, potent greenhouse gases that are used in refrigeration and air-conditioning and slated to be phased down.

  • September 09, 2024

    Ore. Seeks Dismissal Of Psilocybin Disabilities Suit

    Oregon's health regulator has asked a federal judge to dismiss a lawsuit challenging aspects of the state's pioneering regulated psilocybin treatment program, saying that the program's illegality under federal law makes the lawsuit untenable.

  • September 09, 2024

    White House Final Rule On Mental Health Parity Unveiled

    The White House released a final rule Monday meant to boost employer health plans' compliance with a federal law requiring coverage for mental health and substance use disorder treatments that's at the same level as physical health care.

  • September 06, 2024

    DC Circ. Considers Age Of Ex-Trump Aide's Surveillance Claims

    Even after more than an hour of argument, the D.C. Circuit didn't seem convinced Friday that ex-Trump 2016 campaign adviser Carter Page timely accused the Justice Department, the FBI and several individuals of various violations tied to their surveillance of him as they probed Russian election interference.

  • September 06, 2024

    ICE Is Failing Language Service Obligations, Report Says

    U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.

  • September 06, 2024

    Ft. Lauderdale Must Face 2020 Protest Suit, But Cops Get Win

    A Florida federal judge has ruled that several Fort Lauderdale police officers can't be sued by a protester who alleged that her civil rights were violated in a violent response to 2020 demonstrations over the death of George Floyd but said the city itself must still face various claims in her lawsuit.

  • September 06, 2024

    Texas Biz Court Will Be A Brave New World For Energy Cos.

    Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.

  • September 06, 2024

    Calif. Takes AI Reins With Looming Safety, Transparency Laws

    A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond. 

  • September 06, 2024

    TV Stations Fined $3.3M For Mixing Hot Wheels Shows And Ads

    The Federal Communications Commission on Friday confirmed fines totaling $3.33 million for Sinclair Broadcast Group Inc. and 18 other broadcasters for violating the Children's Television Act and commission rules by running Hot Wheels toy commercials during a Hot Wheels show on the air.

  • September 06, 2024

    5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal

    A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.

  • September 06, 2024

    Arkema Calls Timing 'Suspect' In Bid To Lift NJ PFAS Suit Stay

    Chemical company Arkema Inc. is arguing that if rival Solvay is allowed to sue it, the litigation could upend an impending settlement worth up to $108 million it negotiated with the state of New Jersey that would end claims over "forever chemical" contamination at a facility both companies owned.

  • September 06, 2024

    Fed's Barr To Give Sneak Peek Of Revised Basel III Plan

    The Federal Reserve's vice chair for supervision will preview revisions to a scaled-back version of the controversial Basel III endgame plan to toughen big-bank capital requirements at a Brookings Institution event on Tuesday.

  • September 06, 2024

    2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit

    The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.

  • September 06, 2024

    JD Vance Can't Ax Campaign Spending Limits At 6th Circ.

    The full Sixth Circuit upheld coordinated campaign spending limits in the face of a challenge from Ohio senator and vice presidential hopeful J.D. Vance and Republican party organizations that sought to lift the restrictions.

Expert Analysis

  • Series

    After Chevron: Delegation Of Authority And Tax Regulators

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    The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions

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    Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.

  • Series

    After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • PE Firms Should Prepare For Increased False Claims Scrutiny

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    The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.

  • Series

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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