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Public Policy
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May 13, 2024
Vietnamese Fish Exporter Sues Over 'Vague' Duty Instructions
A Vietnamese frozen fish fillet producer filed suit at the U.S. Court of International Trade, claiming the U.S. Department of Commerce erroneously calculated an anti-dumping duty rate for its products and then issued instructions subjecting it to a higher rate.
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May 13, 2024
11th Circ. Says Ga. County's Trans Health Ban Violates Title VII
A split Eleventh Circuit panel upheld a win Monday for a transgender sheriff's deputy who challenged a Georgia county health plan's refusal to pay for gender-affirmation surgery, ruling the coverage exclusion violated federal anti-discrimination law.
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May 13, 2024
FERC Powers Up Major Rewrite Of Grid Planning Policy
The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.
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May 13, 2024
Pa. Supreme Court Snapshot: Kleinbard Bill Battle Starts May
The Supreme Court of Pennsylvania will weigh the spending powers of district attorneys in a Kleinbard LLC bill battle and whether an appeals court overstepped by greenlighting a hospital closure when the May argument lineup begins Tuesday.
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May 13, 2024
FEMA Wrongly Denied Atlanta $1.2M In Funds, City Says
Atlanta has slapped the Federal Emergency Management Agency with a complaint in Georgia federal court accusing the agency of wrongly denying the city's challenge of its rejected request for more than $1.2 million in public assistance to repair damage to a wastewater treatment plant.
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May 13, 2024
Former HUD Secretary Fudge To Chair Taft Public Policy Team
Marcia L. Fudge, the second Black woman in U.S. history to lead the U.S. Department of Housing and Urban Development, has joined Taft Stettinius & Hollister LLP as a partner and as firm wide chair of public policy, the firm announced Monday.
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May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend
Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
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May 13, 2024
Uber, Lyft Put Driver Work Fight In Reverse As Trial Begins
A high-stakes battle over the employment status of drivers for Uber and Lyft kicked off in Massachusetts on Monday, as the companies sought to flip the government allegations by arguing that the ride-hailing giants work for their drivers, not the other way around.
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May 13, 2024
'Gamesmanship' Lecture Launches Menendez Bribery Trial
The corruption trial of U.S. Sen. Robert Menendez started Monday with a stern admonition from U.S. District Judge Sidney Stein after the government and defense lawyers squabbled over pretrial disclosures, and a message that the jury may be in for a long haul.
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May 13, 2024
Rail Worker Wage Case Won't Get High Court Review
The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.
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May 13, 2024
Cohen Says Trump Knew Hush Money Records Were False
Donald Trump's former attorney Michael Cohen took the witness stand Monday in the ex-president's New York criminal case, testifying that his longtime "boss" directed him to make hush money payments to alleged paramours and that Trump later agreed to the "legal services" label for a six-figure reimbursement despite seeing paperwork that showed otherwise.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 13, 2024
Coverage Recap: Day 12 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Monday, day 12 of the trial.
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May 10, 2024
Epic Judge Raises Eyebrows About Apple's New 27% App Fee
The California federal judge overseeing Epic's antitrust case against Apple challenged the terms the tech giant is using to comply with her order to allow app developers to send users to outside payment platforms, saying Friday that Apple appears to be trying to maintain its past revenue with a new 27% fee.
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May 10, 2024
Immigration Court Backlog Swells To Nearly 3.6M Cases
The number of pending deportation cases in courts across the country has swelled to almost 3.6 million as of the end of April, almost 1.3 million of which are asylum cases, while many immigrants continue to get deported without legal representation, according to a report issued by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.
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May 10, 2024
Ill. Residents Ask Court To Void Alaskan Tribal Co. Loans
Six borrowers accusing an Alaska-based tribal lending company of making usurious loans at annual rates of as much as 700% or more have filed suit in Illinois federal court, saying it violated racketeering laws and must void the already existing debt.
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May 10, 2024
Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says
The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.
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May 10, 2024
Congress Wants Microsoft Prez To Testify On Security Failures
A congressional committee has asked Microsoft President Brad Smith to testify at a public hearing about the company's cybersecurity measures and response to recent successful attacks against government officials by Russian and Chinese hackers, according to a letter posted Friday on social media platform X.
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May 10, 2024
Pharma Cos., FDA Debate 'Same Drug' In Orphan Drug Case
Two pharmaceutical companies and the U.S. Food and Drug Administration faced off in D.C. federal court Friday over allegations that the federal agency wrongly approved a treatment that rivals Jazz Pharma's narcolepsy drug despite Jazz's exclusivity rights under the Orphan Drug Act.
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May 10, 2024
Ariz. GOP Wants A Say In VRA Dispute Headed For 9th Circ.
The Arizona Republican Party wants to intervene in a Voting Rights Act dispute headed for the Ninth Circuit, arguing that it intends to defend the validity of the provisions of two state redistricting laws that a lower court found violated federal law.
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May 10, 2024
Eastman Withdraws From Colo. Suit Amid Disbarment Case
Former Donald Trump lawyer John C. Eastman withdrew as an attorney in a Colorado civil suit on Friday as the California Supreme Court is set to consider a recommendation for the attorney's disbarment.
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May 10, 2024
Okla. Tells Justices 10th Circ. Wrong On PBM Law
Oklahoma's insurance department Friday asked the U.S. Supreme Court to take up its petition seeking review of a Tenth Circuit decision overturning portions of a state law regulating pharmacy benefit managers, arguing that high court intervention is needed to resolve disagreement among the circuits on federal preemption.
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May 10, 2024
Pa. Commission Had Right To Deny Grid Project, 3rd Circ. Told
The Pennsylvania Public Utility Commission called on the Third Circuit on Friday to reinstate its rejection of a transmission power project approved by regional grid operator PJM Interconnection, arguing a federal district court wrongly deemed the decision unconstitutional.
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May 10, 2024
Trade Court Lets Solar Duties Suit Proceed Over Feds' Protest
U.S. solar panel manufacturers' suit over a two-year pause on new duties for competitors from four Southeast Asian countries survived the government's push for dismissal this week, with the trade court affirming its authority over the case.
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May 10, 2024
4th Circ. Judge Suspects 'Abuse' In Land Donor Tax Case
The Fourth Circuit appeared poised Friday to rule that a couple owes taxes and penalties after claiming an inflated $5.1 million valuation on donated land for deductions, with one judge positing he believed the couple had engaged in "abuse" of a conservation donation.
Expert Analysis
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Takeaways From NLRB Advice On 'Outside' Employment
Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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How The FAA Is Embracing Simplified Flight Controls
The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.
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FERC's Updated Settlement Policy Comes With Risks For Cos.
The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.
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Tips For CCOs Submitting Annual Compliance Reports
Recent settlement actions by the U.S. Commodity Futures Trading Commission, coupled with statements made by both CFTC and U.S. Securities and Exchange Commission leadership, demonstrate why this year's chief compliance officer annual report filing is no ordinary exercise, and highlight the increasing importance of the report and its usage, say attorneys at Steptoe.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Decline In Same-Industry M&A Tells A Nuanced Policy Story
In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.
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SEC's Final Climate Disclosure Rules: What Cos. Must Know
While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Opinion
NY Gubernatorial Absence Provision Is Obsolete And Harmful
An outdated provision in the New York Constitution means that the governor loses power whenever they leave the state, creating legal uncertainty and undermining confidence in the rule of law — but fortunately, the solution is straightforward, say Liam Turner and John Rogan at Fordham Law School.