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Public Policy
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September 16, 2024
French EU Commissioner Quits In Dispute With Von Der Leyen
France's candidate to serve as European Union commissioner for the next five-year mandate resigned abruptly Monday, accusing commission President Ursula von der Leyen of "questionable governance" and of asking France to replace him.
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September 16, 2024
Nothing Novel About Trump Ex-Atty's Case, Justices Told
Former President Donald Trump urged the U.S. Supreme Court to reject his former attorney Michael Cohen's bid for another look at his suit claiming he was imprisoned as payback for his memoir about his time as Trump's so-called fixer, arguing there's nothing novel about the matter.
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September 16, 2024
Nebraska Medical Cannabis Initiatives Will Be On Nov. Ballot
Initiatives to legalize medical marijuana in Nebraska will appear on the ballot come November, despite some evidence of fraud in the signature-collecting petition process, according to state election officials.
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September 16, 2024
IRS Floats Definition Of 'Covered Month' For Premium Credit
The IRS on Monday proposed expanding the definition of a "covered month" for purposes of the health insurance premium tax credit to include the first month of the grace period for which an individual does not pay the premium in full but still receives coverage.
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September 16, 2024
IRS Cancels Hearing On 'Basket Contract' Transactions Rule
The Internal Revenue Service canceled a hearing on proposed rules that would flag what are known as basket option contracts as potentially abusive listed transactions, according to a notice released Monday.
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September 15, 2024
Top Atty For NYC Mayor Resigns As Fed. Investigations Mount
As investigations and high-profile departures continue around New York City's embattled Mayor Eric Adams, his chief counsel resigned Saturday.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 15, 2024
Cannabis Co. Nabs $150M '1st-Of-Its-Kind' Credit Facility
Green Thumb Industries Inc. secured a $150 million credit facility led by Valley National Bank as it looks to refinance debt in what the company billed as "a first-of-its-kind credit facility for the U.S. cannabis industry."
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September 13, 2024
NJ Jury Puts $26M Price Tag On Land In Development Battle
A New Jersey federal jury found that the owner of a 22-acre former Michelin Tire & Rubber Co. factory at the heart of a land-taking battle should get $25.6 million from a borough redevelopment agency that argued the parcel would fetch less than a third of that figure on the market.
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September 14, 2024
Divided Pa. High Court Revives Ballot Date Requirement
Three Pennsylvania Supreme Court justices clashed on Friday with colleagues who used jurisdiction grounds to erase a victory for challengers of an election ballot-dating rule, the minority calling for the court to wield its rarely invoked King's Bench authority to review the matter on the merits.
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September 13, 2024
NC City Illegally Foiled Affordable Housing Effort, Builder Says
A coastal North Carolina city conspired to block an affordable housing project near the Camp Lejeune military base, flying in the face of demand, a project developer claimed in North Carolina federal court.
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September 13, 2024
Judiciary Panel Dems Endorse Amicus Funding Disclosure
A plan to overhaul required financial disclosures in appellate amicus briefs has generated strong early reaction, including from two key congressional Democrats who endorsed the proposals.
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September 13, 2024
Panama's Ex-Prez Fights Alleged Wrongful Extradition
Panama's ex-president told the Eleventh Circuit Friday that a lower court wrongly dismissed his lawsuit challenging the extradition to his home country, saying he has standing because the U.S. government violated an international treaty by sending him back to face criminal charges beyond the scope of the original request.
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September 13, 2024
NJ Gov. Signs Law To Limit Sale Of 'Intoxicating Hemp'
New Jersey Governor Philip Murphy on Thursday signed a bill into law aimed at regulating the sale and distribution of intoxicating hemp products in the state, particularly those sold by unauthorized sellers and those sold to people under 21.
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September 13, 2024
9th Circ. Ruling Guts Religious Protections, Apaches Say
The U.S. Supreme Court should stop the federal government from handing over a sacred tribal site in Arizona's Tonto National Forest to a copper mining joint venture owned by Rio Tinto and BHP, the San Carlos Apache Tribe argued, saying that the decision could pose an "existential threat" to Native Americans.
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September 13, 2024
Fed. Judges Urged To Stop Clerks From Seeking Political Jobs
Federal judges should prohibit their law clerks from applying for postclerkship jobs with political organizations, as that may connect the judges' chambers to political activity, a judiciary committee said in ethics guidance issued this week.
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September 13, 2024
16 State AGs Demand DOJ Probe Of Texas Voter Fraud Raids
A group of 16 state attorneys general implored the U.S. Department of Justice to investigate recent raids by Texas Attorney General Ken Paxton's office that were said to be connected to an election integrity investigation but reportedly targeted the Latino population, warning that Paxton risks "undermining the very elections he purports to want to protect."
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
DC Circ. Gives EPA Chance To Review Good Neighbor Plan
The U.S. Environmental Protection Agency will have a chance to review its Good Neighbor Plan in-house before litigating it further, according to a D.C. Circuit ruling granting the agency's request to remand the rule, so it could respond to issues raised by the U.S. Supreme Court.
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September 13, 2024
Mass. Justices Say Benefits Don't Accrue Under Leave Law
Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.
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September 13, 2024
Treasury Proposes Rules Defining Tax-Exempt Tribal Benefits
Treasury and the Internal Revenue Service released proposed rules Friday that would define what qualifies as tribal welfare benefits exempt from taxable income.
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September 13, 2024
Russia Expels 6 British Diplomats Accused Of Spying
Russia said Friday that it has revoked the diplomatic status of six British embassy employees after accusing the U.K. outpost of espionage, as geopolitical tensions between the two countries continue to rise.
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September 13, 2024
Barclay Damon Adds Longtime Democratic Consultant In NY
Barclay Damon LLP has hired a long-standing Democratic adviser to its New York office as of counsel, noting that his ties within political circles will allow him to offer a "unique" viewpoint to clients.
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September 12, 2024
Wells Fargo Ordered To Overhaul Sanctions, AML Compliance
Wells Fargo faces fresh restrictions on launching new products and entering new markets, and must beef up its compliance and monitoring efforts around sanctions, anti-money laundering and other international business risks, under an enforcement action announced Thursday by the Office of the Comptroller of the Currency.
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September 12, 2024
2nd Circ. Rejects Another Trump Bid To Halt Hush Money Case
The Second Circuit on Thursday rejected former President Donald Trump's request for an emergency order pausing his criminal hush money case, citing New York state court Justice Juan M. Merchan's decision to push his sentencing hearing from Sept. 18 until after the election.
Expert Analysis
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New State Carbon Capture Laws: Key Points For Developers
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.
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Opinion
Chevron Reversal May Protect IP Rights Under Bayh-Dole
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.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
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.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
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.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
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.
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How 3 Recent High Court Rulings Could Shape Fintech Policy
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.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
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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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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A Primer On EU's Updated Human Substance Regulations
The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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CFPB's Medical Debt Proposal May Have Side Effects
The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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15 Areas That Would Change Under Health Data Rule Proposal
If finalized, the Office of the National Coordinator for Health Information Technology's proposed rule will significantly progress its efforts to advance interoperability, respond to stakeholder concerns and clarify compliance with the health IT certification program, say attorneys at Ropes & Gray.