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Public Policy
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June 18, 2024
Ariz. County Says New Kari Lake Vote Claims Merit Sanctions
Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.
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June 18, 2024
2nd Circ. Says No Gov't Misconduct In Campaign Money Case
The Second Circuit on Tuesday reversed a ruling from a Connecticut federal judge that found prosecutors violated their evidence disclosure obligations in a campaign finance case against a former state senator and his treasurer.
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June 18, 2024
Dems' Absences Bring Canceled Vote On Ore. Federal Judge
The Senate scrapped a vote on Tuesday for Magistrate Judge Mustafa Taher Kasubhai's nomination to a district court judgeship in the District of Oregon amid vast Republican opposition.
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June 18, 2024
Restitution Plan For Lead-Test Defects Leaves Judge Uneasy
A Massachusetts federal judge on Tuesday questioned the legality of a plan to have a claims administrator, rather than the court, oversee victim compensation in a criminal case alleging Magellan Diagnostics hid information about inaccurate results in its lead-testing devices.
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June 18, 2024
EPA Tells DC Circ. That Smog Plan Is Legally Sound
The U.S. Environmental Protection Agency on Monday defended its plan to reduce smog-forming emissions in several states, telling the D.C. Circuit that it's taken a sensible approach to cracking down on upwind pollution using a formula that has been backed by the U.S. Supreme Court.
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June 18, 2024
Calif. Staffing Firm Settles DOJ's Noncitizen Bias Claims
A California staffing agency must pay penalties and revise its employment policies as part of a settlement to resolve allegations of discrimination against foreigners by demanding certain types of documents to prove work authorization, the U.S. Department of Justice announced Monday.
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June 18, 2024
9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid
In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.
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June 18, 2024
NY High Court Denies Trump's Gag Order Appeal
New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.
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June 18, 2024
Feds Ease Green Card Process For Mixed-Status Families
President Joe Biden announced Tuesday that certain foreigners who are married to U.S. citizens and their children can apply for green cards without leaving the U.S.
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June 18, 2024
Treasury Finalizes Labor Rules For Bonus Energy Tax Credits
The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.
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June 17, 2024
Iowa's Controversial Immigration Law Temporarily Blocked
An Iowa federal judge Monday temporarily blocked a controversial state law empowering local officials to arrest and remove previously deported individuals, even if they're now authorized to be in the country, ruling that the measure is trumped by federal law and therefore invalid.
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June 17, 2024
'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge
A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"
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June 17, 2024
T-Mobile To Consider Changing 'Price Lock' Ads After Dispute
T-Mobile said it will look into modifying "Price Lock" advertising claims after AT&T told the National Advertising Division that the ads mislead consumers by suggesting that T-Mobile locks in a certain price, when it only offers a free month of home internet service under certain conditions if the price goes up.
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June 17, 2024
US Surgeon General To Seek Warning Label On Social Media
U.S. Surgeon General Vivek H. Murthy has called on lawmakers to require social media companies to put warnings on their sites that say young people who use them have more mental health issues, according to an opinion article published on Monday.
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June 17, 2024
Mich. Judge Unsure If Town's Pot Co. Shutdown Broke Lease
A commercial landlord will have to go to trial on claims of unpaid rent against a combination medical marijuana grow and sign-making company, a Michigan state judge ruled, saying a jury must decide if the local government's decision to force the cannabis shop out voids the lease.
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June 17, 2024
DC Circ. Gives FERC More Clarity On Scope Of Climate Reviews
A recent D.C. Circuit decision not only endorses the Federal Energy Regulatory Commission's current approach to reviewing the climate change impacts of gas infrastructure projects, but may also help trim environmental reviews by federal agencies across the board.
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June 17, 2024
Ad Tech Judge Says No 'Moving Target' Damages, No Jury
A Virginia federal judge refused to consider the government's "late-arriving" math on how much federal agencies were overcharged by Google's digital advertising placement technology, according to an order unsealed Friday, a decision that allowed Google to successfully short-circuit the U.S. Department of Justice's damages claim and avoid a jury trial sought by the agency.
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June 17, 2024
Mifepristone Ruling Means End Of Texas DACA Suit, Feds Say
A Texas-led coalition of states doesn't have standing to challenge the Deferred Action for Childhood Arrivals program after the U.S. Supreme Court's blockbuster decision rejecting a challenge to the abortion drug mifepristone, the Biden administration told the Fifth Circuit on Monday.
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June 17, 2024
McConnell Denounces Judicial Nominee For District Of Ore.
Senate Minority Leader Mitch McConnell, R-Ky., took to the Senate floor on Monday to criticize Magistrate Judge Mustafa Taher Kasubhai, a nominee for a district court judgeship in the District of Oregon whose confirmation vote is teed up for Tuesday.
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June 17, 2024
Toss Universal Service Fund Challenge, FCC Urges 5th Circ.
The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.
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June 17, 2024
Cocoa Trade Case May Hinge On Justices' Mifepristone Ruling
The U.S. Supreme Court's recent narrow ruling on standing in a case over access to the abortion medication mifepristone may figure prominently in upcoming oral arguments in a dispute involving imported cocoa allegedly harvested via forced child labor before the U.S. Court of International Trade, a judge said Monday.
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June 17, 2024
HUD Freed From Pa. Pot Patients' Suit Over Housing Rebuff
Unless the U.S. Department of Housing and Urban Development fulfills its threat to withhold a Pennsylvania county housing agency's funding for complying with a state court order to admit licensed medical marijuana patients, a lawsuit by the county agency and two potential tenants is premature, a federal judge ruled Monday.
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June 17, 2024
Maryland Gov. Moore Grants Sweeping Marijuana Pardons
Maryland Gov. Wes Moore on Monday announced that he had signed an executive order pardoning more than 175,000 convictions for possession of marijuana and marijuana paraphernalia.
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June 17, 2024
Google Says Texas Took Opposing Positions On Key Law
Google told a Texas federal court the state attorney general's office made arguments in the case accusing the tech giant of monopolizing display advertising technology that directly contradict arguments the state is making in a case challenging the Pregnant Workers Fairness Act.
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June 17, 2024
Farm Cos. To Pay $475K To End Wash. AG's Sex Assault Suit
A pair of agricultural companies agreed to pay $470,000 to resolve Washington state's lawsuit accusing them of standing by as a supervisor sexually harassed and assaulted female employees and firing those who complained, the state attorney general announced Monday.
Expert Analysis
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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What's New In Kentucky's Financial Services Overhaul
Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.