Public Policy

  • May 28, 2024

    Gorsuch Unhappy Court Won't Rethink Jury Size Precedent

    In a strongly worded dissent Tuesday, Justice Neil Gorsuch said the U.S. Supreme Court needs to rethink precedent that "made the unthinkable a reality" by permitting juries of fewer than 12 people to decide cases involving serious criminal offenses.

  • May 28, 2024

    Serial Numbers Tie Gold Bars To Menendez, Jury Hears

    The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.

  • May 28, 2024

    Colo. Creates Tax Credits For Agricultural Stewardship

    Colorado farms and ranches that use certain agricultural stewardship practices will be eligible for tax credits of up to $300,000 under legislation signed into law by Gov. Jared Polis.

  • May 28, 2024

    Insurers Sue To Invalidate DOL ERISA Investment Advice Rule

    The American Council of Life Insurers and other insurance groups accused the U.S. Department of Labor's recently finalized retirement investment advice regulations of exceeding DOL authority and violating federal administrative procedure laws in the second such suit filed in Texas court.

  • May 28, 2024

    FTX Exec Who Acted As Bankman-Fried 'Tool' Gets 7½ Years

    A Manhattan federal judge hit cryptocurrency finance expert and former FTX executive Ryan Salame with a 7½-year sentence Tuesday for duping a bank to authorize $1.5 billion of illegal transfers and making fraudulent campaign contributions for the exchange's convicted founder, Sam Bankman-Fried.

  • May 28, 2024

    Justices Pass On Fight Over FERC Power Market Cap Rule

    The U.S. Supreme Court on Tuesday declined to review a D.C. Circuit decision backing the Federal Energy Regulatory Commission's change of bidding practices for electricity capacity auctions run by PJM Interconnection, the nation's largest regional grid operator.

  • May 28, 2024

    High Court Won't Hear Pilot HOA's Rail Easement Case

    The U.S. Supreme Court has declined to hear a request from an Alaska homeowners association made up of pilots to review a Ninth Circuit decision giving a railroad control of an easement cutting into an airstrip for an airplane-centric subdivision.

  • May 28, 2024

    Justices Will Review EPA's 'Vague' SF Water Pollution Regs

    The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.

  • May 24, 2024

    Live Nation Ticket Buyers Follow Feds With Antitrust Suit

    Live Nation and Ticketmaster were hit with a consumer antitrust proposed class action Thursday accusing them of monopolizing concert promotion and ticketing for major concert venues following their 2010 merger, which comes on the heels of the U.S. Department of Justice's own lawsuit.

  • May 24, 2024

    5 Themes That Could Determine Trump's NY Criminal Trial

    With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.

  • May 24, 2024

    Senate Republican Eyes Tutor.com's China Ties, Data Use

    The top Republican on the U.S. Senate's health and education committee has launched an investigation into Tutor.com, a Chinese-controlled web service of The Princeton Review that offers students online tutoring, saying China's Communist Party may be exploiting users' sensitive data.

  • May 24, 2024

    SD Tribe Says Feds Won't Give Up Info Amid Safety Crisis

    The Crow Creek Sioux Tribe is suing the Bureau of Indian Affairs' Office of Justice Services, asking a federal district court to order the agency to hand over five years of budget records in an effort to combat a public safety crisis on its reservation.

  • May 24, 2024

    China Tariffs To Return For Air Fryers, Bikes, Chairs In June

    The Office of the U.S. Trade Representative announced Friday the end of tariff relief for hundreds of items currently exempt from duties covering over $300 billion worth of Chinese goods, with mainly commercial product exclusions set to continue.

  • May 24, 2024

    Conn., Property Owners Say Town Is Wrong On Housing Law

    Connecticut's Department of Housing and several property owners in New Canaan are taking issue with the town's arguments in a bid to pause its lawsuit challenging the state's denial of affordable housing credits, saying the town is misinterpreting a recently passed bill.

  • May 24, 2024

    Treaty Wants Patents To Cite Ties To 'Traditional Knowledge'

    Members of the United Nations announced a treaty Friday that would potentially change mandatory patent disclosure rules in order to require applicants to cite "traditional knowledge" developed by "indigenous peoples," requirements that have drawn concerns from lawyers for the pharmaceutical industry in the U.S. and at least one former federal judge.

  • May 24, 2024

    Jazz Director Accuses Philly Pops, Execs Of RICO Conspiracy

    A former Philly Pops jazz director has sued the defunct orchestra group, its ex-CEO, a rival orchestra, the Kimmel Center and others in Pennsylvania federal court, claiming they conspired to monopolize the orchestral music market and lied about the organization's debt to force it to shut down while depriving him of pay.

  • May 24, 2024

    FCC Calls For Fresh Comments On Orbital Debris Rulemaking

    The Federal Communications Commission is hitting the "refresh" button on orbital debris rulemaking, issuing a new call for public input on potential agency rules.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    Staff Squeeze May Be Limiting Small Biz Roles In Procurement

    The federal government has introduced several strategies over the last decade to help small businesses vie for procurement contracts, but overstretched acquisition staff may have limited capacity to deploy these strategies and reverse a downward trend in small business participation.

  • May 24, 2024

    SEC Says Crypto Firm's Challenge Is 'Fatally Premature'

    The U.S. Securities and Exchange Commission told a Texas federal judge on Friday that a yet-to-launch crypto exchange's bid to bar any future enforcement action is "fatally premature" since the firm hasn't identified a final action to challenge.

  • May 24, 2024

    House Lawmakers Want New Hearing With FDIC's Gruenberg

    Federal Deposit Insurance Corp. Chair Martin Gruenberg is scheduled to appear before the U.S. House Financial Services Committee to answer questions about the damning findings of a probe of the FDIC's workplace culture.

  • May 24, 2024

    FCC Republican Knocks Plan To Require AI Ad Disclosures

    A Federal Communications Commission Republican is slamming a commission proposal aimed at limiting the use of artificial intelligence in political advertisements, saying the push is a politically motivated effort to stop Republicans from using AI.

  • May 24, 2024

    Florida Urges Quick Appeal Of Wetlands Permitting Decision

    The state of Florida has pushed to expedite its appeal of a lower court ruling that stripped the state of its federally delegated authority to permit wetlands development after the D.C. Circuit declined to pause the ruling's implementation earlier this week.

  • May 24, 2024

    Shuttered Paper Mill Flouted $12M Incentive Deal, NC AG Says

    The state of North Carolina is suing food and beverage packaging company Pactiv Evergreen to recoup $12 million in economic incentives the company allegedly accepted to keep a local mill up and running after it abruptly shuttered the facility last year.

  • May 24, 2024

    Green Groups Lose In California Fish Protection Lawsuit

    The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

Expert Analysis

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Social Media Free Speech Issues Are Trending At High Court

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    The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Don't Fall On That Hill: Keys To Testifying Before Congress

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    Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.

  • Takeaways From FDIC's Spring Supervisory Highlights

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    The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

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    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

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