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Public Policy
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June 07, 2024
3 IPEF Agreements Done, But Still No Sign Of Trade Pillar
Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar
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June 07, 2024
FCC Asks 6th Circ. To Transfer Net Neutrality Cases To DC
The Federal Communications Commission on Friday urged the Sixth Circuit to transfer a set of challenges to the FCC's recently passed net neutrality rules to the D.C. Circuit, where similar suits have previously played out.
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June 07, 2024
US Auto Regulator Finalizes New Fuel Economy Standards
The U.S. Department of Transportation on Friday finalized highly anticipated new fuel economy standards for passenger cars and light trucks that envision boosting average efficiency to 50.4 miles per gallon by 2031, marking the Biden administration's latest climate-focused endeavor to curb emissions in the transportation sector.
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June 07, 2024
NetChoice Challenges 'Onerous' Ga. E-Commerce Law
NetChoice LLC, an industry group representing some of America's largest e-commerce platforms, filed suit hoping to block a new Georgia law they say "jumps the tracks" from reasonable oversight and monitoring requirements to laying down "impermissible investigation mandates."
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June 07, 2024
DOE Reveals National Definition Of Zero-Emissions Building
The U.S. Department of Energy unveiled a federal definition for determining whether a residential or commercial building qualifies as a zero-emissions building as part of an ongoing effort to slash greenhouse gas emissions across the traditionally heavily emitting sector.
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June 07, 2024
Cherokee Man Asks High Court To Undo Tribal Tag Charges
A Cherokee Nation man is asking the U.S. Supreme Court to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions, arguing that the state must be barred from broadening the definition of "registration plate" in regard to tribal-licensed tags.
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June 07, 2024
Texas AG, Spirit AeroSystems Duel Over Safety Probe
Spirit AeroSystems Inc. and Texas Attorney General Kenneth Paxton each asked a federal court for an early win in their dispute over the state's probe into Spirit's management, with Spirit arguing the state's Request to Examine statute violates the Fourth Amendment, and Paxton arguing it is a constitutionally compliant subpoena.
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June 07, 2024
Texas Top Court Denies Roofer's Challenge To Adjuster Laws
The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.
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June 07, 2024
DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas
The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.
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June 07, 2024
Judge Asks Impact Of New Border Policy On CBP App Suit
A California federal judge has asked for briefing on the impact of a new executive order on asylum seekers who enter between ports of entry on a pending lawsuit challenging a requirement that migrants use a smartphone app to submit applications.
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June 07, 2024
GOP Sens. Look To Sanction ICC Over Netanyahu Warrant
Following the House's passage of a bill to sanction the International Criminal Court for issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, Senate Republicans are pushing for their chamber to follow the House's lead.
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June 07, 2024
GOP Lawmakers Want Chinese Battery Cos. Blacklisted
Republican lawmakers urged the U.S. Department of Homeland Security to add two Chinese battery makers to an import blacklist for having ties to a Chinese government entity that the U.S. government has sanctioned for human rights abuses against China's Uyghur minority.
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June 07, 2024
States Urge DC Circ. To Smoke EPA Particulate Matter Rule
A coalition of 25 Republican-led states and eight industry groups have urged the D.C. Circuit to strike down the U.S. Environmental Protection Agency's final rule tightening federal standards for fine particulate matter pollution in separate opening briefs.
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June 07, 2024
Justices Report Old Trips, Beyoncé Tickets And Royalties
U.S. Supreme Court Justice Clarence Thomas disclosed Friday two trips he took in 2019 paid for by a Republican billionaire donor that were the subject of bombshell reporting last year, while his colleagues divulged more than $1.5 million in book-related income and several gifts, including Beyoncé tickets, in their annual financial reports.
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June 07, 2024
Battle Lines Drawn As Major Del. Corporate Law Tweak Looms
On Tuesday morning, seven Delaware state senators are set to open the first public round of debates on a fast-tracked Delaware General Corporation Law amendment package that would allow boards to cede some governance rights to big stockholders and Delaware Court oversight for some corporate actions to other jurisdictions.
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June 07, 2024
Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit
In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.
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June 07, 2024
Arizona GOP Fights Claims of Ethical Issues In Voting Dispute
The Arizona Republican Party has every right to intervene in a challenge to a 2022 voting rights law that is headed to the Ninth Circuit, the party told a federal court, arguing that ethical concerns about its counsel raised by the state and its attorney general are "baseless" and "procedurally deficient."
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June 07, 2024
Calif. Atty Faces Hacking Charge In Utility Billing Scandal
A San Fernando Valley attorney accused of scheming with lawyers representing the city of Los Angeles to settle a customer billing class action favorably for the Los Angeles Department of Water and Power also plotted to access the email and phone accounts of the judge overseeing the litigation, the State Bar of California asserted in an additional disciplinary charge filed Thursday.
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June 07, 2024
Ex-Insurance Broker Tells Jury He Bribed Sen. Menendez
A former insurance broker testified Friday that he bribed U.S. Sen. Robert Menendez to intervene in an investigation by the New Jersey attorney general's office in return for a Mercedes-Benz convertible, which replaced a car that was totaled in a fatal crash involving the congressman's wife.
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June 07, 2024
Court Software Co., NC Sheriff Fight To Exit Civil Rights Action
Texas-based software company Tyler Technologies and a North Carolina sheriff continued their push this week to escape a proposed class action alleging North Carolina's new digital court system led to wrongful arrests and extended jail time.
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June 07, 2024
2 NY Legal Reform Bills Move Closer To Becoming Law
As the end of New York's legislative session nears, state lawmakers are moving forward two bills that would eliminate the cap on the number of Supreme Court justices who can serve a particular judicial district and reform its now 30-year-old Commission on Forensic Science.
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June 07, 2024
Philly Legal Services Group Backs FTC Noncompete Ban
Community Legal Services, which represents the poorest Philadelphians in legal matters, threw its support Friday behind the Federal Trade Commission's bid to ban business from forcing employees into noncompete agreements.
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June 07, 2024
NJ Asked To Convince Court Not To Block Temp Law
A New Jersey federal judge ordered the state Friday to show why a new law broadening protections for temporary workers should stay in place, after a group of business associations raised new arguments that the Employee Retirement Income Security Act preempts the law.
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June 07, 2024
Ex-Atlanta Asst. City Atty Gets 87 Months In $15M Fraud Case
A former Atlanta assistant city attorney and police officer was sentenced Friday to 87 months in prison, followed by three years of supervised release, for fraudulently obtaining approximately $15 million in loans under the Paycheck Protection Program.
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June 07, 2024
9th Circ. Says University Can Sue Over Wash. AG Hiring Probe
A Ninth Circuit panel breathed new life Friday into a private Christian university's lawsuit accusing Washington state's attorney general of improperly investigating its anti-LGBTQ+ hiring practices, finding the possibility of potential future enforcement gives the school standing to sue.
Expert Analysis
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects
The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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HHS Opioid Rule Generally Benefits Providers And Patients
The U.S. Department of Health and Human Services' newly effective rule, the first substantial change to opioid treatment programs and delivery standards in over 20 years, significantly expands access and reduces stigma around certain medications, though the rule is narrow in scope and does have some limitations, say attorneys at Alston & Bird.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.