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Public Policy
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September 05, 2024
EPA Issues Carbon Sequestration Well Permits In Texas
The U.S. Environmental Protection Agency issued draft permits to Oxy Low Carbon Ventures LLC for three proposed carbon sequestration wells, marking the first time the agency has issued such permits in the state of Texas.
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September 05, 2024
Ahmaud Arbery's Mother Agrees To Dismiss One Of The Killers
The mother of Ahmaud Arbery, a Black man who was murdered by three white men while jogging in coastal Georgia over four years ago, on Thursday dropped one of her son's killers from a civil suit over his killing and the subsequent investigation.
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September 05, 2024
11th Circ. Revives White Miami-Dade Ex-Worker's Bias Suit
The Eleventh Circuit reinstated a white policy director's suit Thursday claiming he was canned by Miami-Dade County because of age and racial bias, ruling a trial court jumped the gun by tossing his case before he was given the chance to collect proof.
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September 05, 2024
White House Education Adviser Joins Nelson Mullins In DC
Nelson Mullins has welcomed a White House policy adviser, who helped shape President Joe Biden's early childhood agenda and served in the Obama administration, as a new partner in the law firm's education consulting arm.
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September 05, 2024
11th Circ. Urged To Boot Fla. Judge From Trump Docs Case
The nonprofit organization Citizens for Responsibility and Ethics in Washington, a former federal judge and law professors have called on the Eleventh Circuit to reinstate the classified documents case against former President Donald Trump and remove U.S. District Judge Aileen Cannon from the matter because she appears biased toward Trump.
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September 05, 2024
DOJ And Google Set For Trial, Again, This Time Over Ad Tech
The U.S. Department of Justice is up Monday for its second high-stakes trial against Google in a year, going after the alleged monopolization of key digital advertising technology in Virginia federal court.
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September 05, 2024
Attys' Group Urges Justices To Back Trucker's CBD RICO Suit
The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."
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September 05, 2024
Broad, Low-Rate DST May Placate US, Ex-OECD Chief Tells EU
The European Union might be able to break an impasse with the U.S. in negotiations on taxing the digital economy by proposing a digital services tax with a wide base and a low rate, former OECD tax chief Pascal Saint-Amans told Paolo Gentiloni, the bloc's economics commissioner.
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September 05, 2024
Liberty Mutual Settles Call Center Workers' Pay Complaint
A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.
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September 05, 2024
Ex-Defender Wants Judge To Reassess Judiciary Bias Ruling
A former assistant public defender in North Carolina has asked a Massachusetts federal judge to reconsider his bench ruling siding with the federal judiciary in her due process and equal protection case, saying the facts all point in her favor and the judge misapplied the law in rendering his decision.
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September 05, 2024
Veteran Biz Lawyer Set To Mediate NCAA Prize Money Fight
The National Collegiate Athletic Association and University of North Carolina tennis player Reese Brantmeier have jointly agreed to have veteran Tarheel State business litigator Ray Owens mediate their dispute over the organization's limits on athletes receiving prize money from outside competitions.
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September 05, 2024
Biden Administration Approves 10th Offshore Wind Project
The Biden-Harris administration on Thursday announced a federal approval of a two-gigawatt wind project proposed to be built off the Maryland coast — the 10th commercial-scale offshore wind project the administration has approved.
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September 05, 2024
Chile Approves Trade Protections For US Cheeses, Meats
Chile approved an agreement with the U.S. that will allow U.S. exporters to continue selling prosciutto, cheddar and dozens of other meats and cheeses under their current names in the Chilean market.
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September 05, 2024
Chutkan Rejects Trump's Evidentiary Delay Request
A D.C. federal judge said she wanted to see "forward motion" in former President Donald Trump's election case now that it's back in her courtroom, rejecting Trump's attorneys' calls for delay and clearing the way for prosecutors to present a trove of evidence by the end of the month.
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September 04, 2024
SEC Lets Deadline Pass For 5th Circ. Private Funds Appeal
The U.S. Securities and Exchange Commission won't challenge a Fifth Circuit decision that vacated its recently passed disclosure rules for private fund advisers, taking no action as its deadline to appeal to the U.S. Supreme Court passed.
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September 04, 2024
X Stops Training Grok On EU Users' Posts To End Irish Action
X Corp., the former Twitter, has agreed to permanently halt its efforts to train its chatbot Grok on personal data lifted from public posts made by its European Union users in order to resolve an urgent proceeding pressed by Ireland's data protection authority, the regulator announced Wednesday.
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September 04, 2024
Albertsons CEO Takes Stand On Kroger Merger, Missing Texts
Federal Trade Commision attorneys on Wednesday pressed Albertsons Cos. Inc. CEO Vivek Sankaran in Oregon federal court about why he had such dire predictions about the company's future without a merger with Kroger despite previous statements about how his company had been crushing the competition.
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September 04, 2024
FINRA Beats Post-Jarkesy Challenge To Enforcement Powers
The Financial Industry Regulatory Authority has beaten back a broker's bid to use the U.S. Supreme Court's recent Jarkesy decision to challenge its enforcement regime, after a Pennsylvania federal judge found other high court precedent barred him from hearing the broker's constitutional challenge to the regulator's proceedings.
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September 04, 2024
Ill. Panel Backs Atty's Bid To Litigate Medical Record Fee Suit
An Illinois attorney looking to hold document delivery service Ciox Health LLC liable for charging allegedly illegal fees can pursue those claims in court since there is no evidence he ever agreed to arbitrate disputes with the company, a state appellate panel said Tuesday.
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September 04, 2024
Universal Service Fund's End Called Crushing For Broadband
A rural telecom trade association is warning of skyrocketing rates and provider loan defaults if the U.S. Supreme Court upholds a Fifth Circuit decision to end the Universal Service Fund as it's currently constructed, citing internal survey findings that 68% of responding telecoms would cancel broadband deployment projects next year.
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September 04, 2024
Homeowners Say Wis. Tribe Can't Block Roads Again
Homeowners in a Wisconsin town whose roads were barricaded by a Native American tribe have urged a federal judge to protect access to their properties during litigation until their easement claims can be resolved, saying the U.S. government and the tribe must immediately remove any roadway blockages.
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September 04, 2024
FCC Plans To Tighten Vise On Scam Calls, Texts
The Federal Communications Commission plans to vote this month on additional rules intended to further its fight against unwanted and scam robocalls and texts.
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September 04, 2024
Navajo Nation President Buu Nygren Facing Recall Petition
A committee focused on removing Navajo Nation President Buu Nygren from office has filed a recall affidavit with the tribe's election administration – a move those behind the effort described as the first of its kind for the nation — amid allegations of breach of fiduciary duty and misconduct, among others.
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September 04, 2024
DC Circ. Says Feds Can Withhold Asylum Assessments
The D.C. Circuit ruled that U.S. Citizenship and Immigration Services need not honor Freedom of Information Act requests seeking officers' confidential assessments of asylum seekers, saying the agency had sufficiently explained how that disclosure would harm government interests.
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September 04, 2024
Cheer Parents Request $35M In Fees, Costs For Antitrust Deal
Three moms that reached an $82.5 million settlement with Varsity Brands in litigation claiming the cheerleading giant stifled competition and raised participation costs asked a Tennessee federal court Wednesday for $35 million of that fund to pay their attorneys' fees and costs.
Expert Analysis
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.
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Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
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Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
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High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.