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Public Policy
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June 03, 2024
FERC Tells Justices Not To Review Rule Passed By Deadlock
The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.
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June 03, 2024
States Say Biden Admin's LNG Export Pause Is Actually A Ban
A coalition of Republican-led states is urging a Louisiana federal court not to toss its lawsuit challenging the Biden administration's pause on reviewing applications to export liquefied natural gas to countries without free trade agreements, saying the pause effectively amounts to a ban because no timeline is provided.
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June 03, 2024
Conn. City Settles Suits Over Fatal Rooming House Fire
The city of New Haven, Connecticut, has settled lawsuits by the families of two tenants who died attempting to rescue others from a 2019 house fire after officials failed to inspect and vacate the two-story house where 20 people were living, the estates' attorneys have confirmed.
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June 03, 2024
African Gov'ts Made Big Gains From Data Swaps In 2023
African tax authorities made huge headway last year in using the international standard for exchange of information on request to find additional revenues of €2.2 billion ($2.4 billion), which is more than over the past 13 years combined, the OECD reported Monday.
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June 03, 2024
Ga. Appeals Court May Hear Trump-Willis DQ Fight On Oct. 4
The Georgia Court of Appeals has set a tentative date of Oct. 4 to hear arguments from former President Donald Trump's lawyers that Fulton County District Attorney Fani Willis should be disqualified from his election interference case over her personal relationship with the special prosecutor she hired to lead the case.
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June 03, 2024
House COVID Panel Questions Fauci Over Pandemic Origins
Anthony Fauci, the former director of the National Institute of Allergy and Infectious Disease responsible for overseeing the pandemic response, was pressed by a U.S. House COVID-19 panel Monday about recent allegations that a senior official tried to evade open records laws regarding the origins of the pandemic.
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June 03, 2024
DC Settles Tax Fraud Suit Against Tech Co. Founder For $40M
The District of Columbia will collect $40 million from the founder of a technology and bitcoin holding company to settle a whistleblower complaint that alleged tax fraud, the district's attorney general said Monday.
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June 03, 2024
Mich. High Court Keeps $15 Min. Wage Proposal Off Ballot
An initiative to raise the hourly minimum wage in Michigan to $15 by 2027 will stay off the 2024 ballot, the state Supreme Court ruled, turning down a group's bid to force the state canvassers board to certify the proposal.
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June 03, 2024
Senate To Vote On Right To Contraception
The Senate will vote later this week on a bill to codify a statutory right to contraception, ahead of the two-year anniversary of the U.S. Supreme Court's overturning of Roe v. Wade.
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June 03, 2024
Atty May Face Suspension In State Street Billing Row
A Massachusetts disciplinary committee has recommended a six-month suspension for the former managing partner of Thornton Law Firm LLP for his alleged neglect in signing an inflated attorney fees declaration in a class action against State Street.
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June 03, 2024
CFPB Unveils Registry To Track Nonbank 'Repeat Offenders'
The Consumer Financial Protection Bureau on Monday finalized plans to begin centrally tracking court and regulatory enforcement orders against nonbank financial firms, issuing a rule that will create a public registry intended to help shine a light on companies that have recurring run-ins with authorities.
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June 03, 2024
Chamber Backs Insurers' Suit To Block DOL Fiduciary Rule
The U.S. Chamber of Commerce urged a Texas federal judge to block recently finalized regulations by the U.S. Department of Labor that expands who is considered a fiduciary under federal benefits law, arguing that the new rule will unnecessarily increase costs for consumers.
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June 03, 2024
TIAA Can't Escape Retirees' Rollover Advice Fee Suit
A New York federal judge refused to toss retirees' suit alleging the Teachers Insurance Annuity Association of America violated federal benefits law by coercing them into transferring their assets into higher-fee managed accounts, finding the retirees' new theory of liability should proceed to discovery.
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June 03, 2024
Minn. Tax Court Lowers Home Value Over Native Burial Mound
The valuation of a lakeside parcel including a legally protected Native American burial mound must be lowered because a split of the property as envisioned by assessors would have been unlikely to gain the needed approvals, the Minnesota Tax Court said.
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June 03, 2024
Justices Won't Review Migrant Harboring Convictions
The U.S. Supreme Court won't review a Kentucky federal jury's verdict convicting two restaurateurs on four counts of harboring unauthorized immigrants, shutting down those business owners' arguments they were not intentionally hiding the migrants from the government.
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June 03, 2024
CORRECTED: Justices Delay Cert Decision On OSHA Standard Setting
The U.S. Supreme Court is holding off on deciding if it will review a split decision from the Sixth Circuit that the Occupational Safety and Health Administration's authority to set workplace safety standards is constitutional, a ruling that the lower federal appellate court declined to rehear in December.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Fiji Water Beats $2M Breach-Of-Contract Verdict On Appeal
California appellate justices on Thursday dismissed Carolina Beverage's $2 million jury win in a contract case accusing Fiji Water of violating their distribution deal by selling Fiji directly to retailers, finding that the agreement wasn't constructively terminated because Carolina Beverage continued to deliver Fiji products to retailers, pursuant to their contract.
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May 31, 2024
Monsanto PCB Plaintiffs Want $185M Wash. Win Restored
A group of public school teachers is urging the Washington State Supreme Court to review a state appellate court decision overturning their $185 million win in a PCB tort against Monsanto, contending the ruling stifles plaintiffs' rights in cases stemming from the same school site and other product liability litigation.
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May 31, 2024
'You Didn't Do It': Antitrust Judge Rips Apple's Doc Production
A California federal judge deciding whether Apple complied with her ban on App Store anti-steering rules ordered Apple for a second time Friday to produce documents, telling Apple's counsel "the whole point" is to get documents relevant to Apple's decision-making regarding its new 27% fee "and you didn't do it."
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May 31, 2024
Colo. AI Bias Law Lays 'Foundation' For New State Patchwork
Colorado's trailblazing legislation for regulating high-risk uses of artificial intelligence is likely to inspire other states to act, although a host of "reservations" about the measure from advocates and even Colorado's governor are likely to result in a fragmented national landscape as other states' legislatures use the measure as a launching point rather than a model they'd want to fully replicate.
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May 31, 2024
Biden Vetoes Bid To Nix SEC Crypto Accounting Guidance
President Joe Biden on Friday blocked a Congressional resolution to overturn the U.S. Securities and Exchange Commission's controversial crypto accounting guidance, saying the measure would "inappropriately constrain" the agency's ability to address future issues.
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May 31, 2024
US, Mexico Reach Truce On Steel Factory Labor Violations
A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.
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May 31, 2024
Trade Commission Advances Indian Ceramic Tile Probe
The four commissioners of the U.S. International Trade Commission voted unanimously Friday to advance anti-dumping and countervailing duty investigations into ceramic tile imports from India, backing evidence nine U.S. producers proffered to show harm from the overseas competition.
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May 31, 2024
NY Trump Verdict May Make Finding Ga. Jurors Harder
Former President Donald Trump's felony conviction in New York could make the already daunting task of finding fair and impartial jurors to serve on the jury in the Georgia election interference case even more difficult when it reaches trial, legal experts told Law360 on Friday.
Expert Analysis
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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New Crypto Reporting Will Require Rigorous Recordkeeping
The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Behind Court Challenges To The FTC's Final Noncompete Rule
The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.
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Colo. Lending Law Could Empower State-Chartered Banks
Lending programs that rely on rate exportation by state banks should pay close attention to legislative activity and ongoing litigation surrounding Colorado's decision to opt out of rate exportation, which could set a precedent that state-chartered banks have power on par with national banks, says Tom Witherspoon at Stinson.
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Tax Assessment: Recapping Georgia's Legislative Session
Jonathan Feldman and Alla Raykin at Eversheds Sutherland examine tax-related changes from Georgia’s General Assembly — such as the governor’s successful push to accelerate income tax cuts — and suggest steps to take before certain tax incentives are challenged in the state's next legislative session.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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SEC Amendments May Launch New Execution Disclosure Era
The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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How HHS Discrimination Rule Affects Gender-Affirming Care
The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.