Public Policy

  • 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.

  • September 06, 2024

    Ingersoll Rand Blocks Rival From Hiring Ex-Exec In NDA Fight

    A Colorado state court has preliminarily blocked the former chief executive of a company acquired by industrial products giant Ingersoll Rand Inc. from working for rival Avantor, finding Ingersoll Rand will likely win its claims that the executive specifically agreed not to work for Avantor as a condition of the acquisition.

  • September 06, 2024

    EPA Updates Public Engagement Plan For 1st Time In 20 Years

    The U.S. Environmental Protection Agency is beefing up its public engagement policy to better communicate with community members, Native American tribes, businesses, trade groups and other parties with a stake in the EPA's programs and regulations.

  • September 06, 2024

    Amnesty International Calls For Indigenous Activist's Release

    Amnesty International is urging President Joe Biden to grant clemency to a Native American activist serving a life sentence for his conviction in the 1975 slayings of two FBI agents, saying he's approaching his 80th birthday, and his release is necessary in the interests of justice and mercy.

  • September 06, 2024

    DuPont Spinoff Must Explain Record Policy For Missing Docs

    A discovery referee for North Carolina's Business Court is ordering a DuPont spin-off to share its document retention policy with the attorney general after dozens of boxes of information the state wanted for a lawsuit over PFAS pollution were not made available from storage facilities.

  • September 06, 2024

    Justice Alito Reports Concert Tickets From Catholic Activist

    U.S. Supreme Court Justice Samuel Alito accepted $900 concert tickets from a German princess and Catholic activist in 2023, but otherwise received no free trips or other gifts, according to his annual financial disclosure, which was made public Friday.

  • September 06, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 100 times in August on issues such as revamping the 4.9 gigahertz spectrum band, using high-power surveillance devices in already crowded Wi-Fi airwaves, fixing mobile "dead zones," stopping scam texts, and more.

  • September 06, 2024

    EU Antitrust Chief Charts Path Forward After Illumina Setback

    The European Union's top antitrust official said a recent ruling that found enforcers lacked authority to probe Illumina's $8 billion acquisition of Grail put an end to an important merger review tool and suggested legislation may be needed to plug the gap.

  • September 06, 2024

    Judge Signals She'll Delay Bribery Trial Of Sitting Ill. Senator

    An Illinois federal judge indicated Friday she was inclined to postpone a December trial on bribery charges against state Sen. Emil Jones III over objections by the government, which argued Jones was charged two years ago of accepting a bribe from a red-light camera company representative and has continued to receive a taxpayer-funded salary.

Expert Analysis

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • Opinion

    Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • Opinion

    Time To Reimagine The Novation Process For Gov't Contracts

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    The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.

  • Unpacking The Latest FTC Guidance On Multilevel Marketing

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    Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • The OIG Report: DOJ's Own Whistleblower Program Has Holes

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    A recent Office of the Inspector General memo found that the U.S. Department of Justice’s whistleblower program failed to protect federal employees whose security clearances were allegedly suspended in retaliation — a serious cause for concern that could have a potential chilling effect on would-be whistleblowers, says Diana Shaw at Wiley.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • Series

    After Chevron: Don't Let Loper Lead To Bank Compliance Lull

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    Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.

  • New State Carbon Capture Laws: Key Points For Developers

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    Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.

  • Opinion

    Chevron Reversal May Protect IP Rights Under Bayh-Dole

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    The U.S. Supreme Court's overturning of Chevron deference may block the Biden administration's nearly finalized guidance reinterpreting the Bayh-Dole Act, protecting intellectual property rights and preventing harm to innovation and economic activity, says Brian O'Shaughnessy at Dinsmore & Shohl.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Calif. Out-Of-State Noncompete Ban Faces Several Hurdles

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    California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.

  • How 3 Recent High Court Rulings Could Shape Fintech Policy

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    The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.

  • What Cos. Should Note In DOJ's New Whistleblower Pilot

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    After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

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