Public Policy

  • 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.

  • 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.

  • 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.

  • 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.

  • June 07, 2024

    States Urge DC Circ. To Smoke EPA Particulate Matter Rule

    A coalition of 25 Republican-led states and eight industry groups 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • June 07, 2024

    Ex-Director For NYC Mayor's Office Charged With Bank Fraud

    A former director in the New York City Mayor's Office during the Bill de Blasio administration has been indicted on charges that he schemed to defraud over a dozen banks out of about $10 million using illegitimate fraud reports to induce reimbursements.

  • June 07, 2024

    Google Ad Tech Case Won't Go To Jury Due To Co.'s Payment

    A Virginia federal judge ruled Friday that the U.S. Department of Justice's case accusing Google of monopolizing key digital advertising technology will be heard by the bench, and not a jury, thanks to a $2.3 million check from Google covering the amount enforcers could be awarded if they prevail.

  • June 07, 2024

    Tax Discriminates Against Risky Assets, Dutch Court Says

    The Netherlands must compensate investors for a tax on investment income that discriminates against riskier assets by using calculations of fictitious returns, the Dutch Supreme Court said.

  • June 06, 2024

    NY Prosecutor Says DOJ Self-Disclosure Policies Are Working

    The proliferation of policies across the U.S. Department of Justice crediting firms and individuals for voluntarily self-disclosing misconduct indicates the approach is effective, even though instances of such disclosures aren't overwhelming, a senior federal prosecutor in New York told a gathering of compliance officers on Thursday.

  • June 06, 2024

    5th Circ. Presses Feds On 'Perplexing' Razor Wire Arguments

    A three-judge Fifth Circuit panel had terse words Thursday for the government's argument that the court couldn't consider new facts on Texas' use of concertina wire at the border when deciding whether to issue a new injunction preventing federal agents from removing the wire, asking how it was "supposed to even react" to that claim during oral arguments

  • June 06, 2024

    Treasury Eyes AI As OCC Chief Calls For More 'Accountability'

    The U.S. Department of the Treasury on Thursday launched an inquiry into the rollout of artificial intelligence in financial services, a move that came as the Office of the Comptroller of the Currency's acting chief cautioned that a Wall Street "nightmare" scenario involving the technology "seems uncomfortably plausible."

  • June 06, 2024

    Judge Seems Likely To Make Denver Face 2020 Protest Claims

    A Colorado federal judge on Thursday appeared inclined to reject Denver's bid to end claims that it encouraged police to use excessive force against social justice advocates in 2020, pressing the city to explain how its law enforcement policies didn't amount to indifference to violating protesters' rights.

  • June 06, 2024

    Edibles Co. Says Judge Should Revive 'Confusing' RFID Case

    A Colorado cannabis edibles company has asked a state judge to reconsider his decision to dismiss its suit against the state Marijuana Enforcement Division, arguing that its suit isn't about challenging a rule itself but how a top MED official interpreted the rule.

Expert Analysis

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • 2 Regulatory Approaches To Psychedelic Clinical Trials

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    Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Best Practices For Responding To CBP's Solar Questionnaire

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    U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • A Look At US-EU Consumer Finance Talks' Slow First Steps

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    The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

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