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Public Policy
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June 04, 2024
Paxton Asks Texas Justices To End Bar's Political 'Lawfare'
The Texas bar's ethics lawsuit against Attorney General Ken Paxton over his challenge to the 2020 presidential election violates the state constitution's separation of powers and is barred by sovereign immunity, Paxton told the state Supreme Court on Tuesday, calling the case "politically motivated lawfare" in an announcement.
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June 04, 2024
Buchanan Ingersoll Denies Deceit Over Harrisburg Incinerator
Buchanan Ingersoll & Rooney PC didn't give Harrisburg, Pennsylvania, bad advice when it set up a debt deal that allowed construction to continue on a controversial incinerator project that sent the state capital into financial distress, an attorney for the firm told the Pennsylvania Commonwealth Court on Tuesday.
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June 04, 2024
NJ Pitches Rule To Clarify Disparate Impact Bias Ban
New Jersey's civil rights agency proposed a rule laying out the standards for the state's prohibitions on workplace policies that have a disproportionate impact on people in protected classes.
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June 04, 2024
Sens. Offer Stark Takes On Abortion Two Years Post-Dobbs
Republican and Democratic members of the Senate health committee on Tuesday offered two different views of abortion in America two years after the Dobbs Decision overturned the federal right to the procedure.
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June 04, 2024
Biden Halts Noncitizens' Entry At Southern Border
President Joe Biden announced executive measures on Tuesday to temporarily suspend the entry of noncitizens at the Southern border and bar asylum claims from those crossing illegally — measures that the American Civil Liberties Union immediately vowed to challenge in court.
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June 04, 2024
11th Circ. Affirms Nix Of IRS Easement Disclosure Guidance
The Eleventh Circuit affirmed Tuesday that an Internal Revenue Service notice imposing reporting requirements on potentially abusive conservation easements was invalid because the agency failed to solicit the public feedback required by administrative law.
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June 04, 2024
MLB Player Banned For Life For Betting Violations
Major League Baseball has permanently banned San Diego Padres infielder Tucupita Marcano, and handed down a one-year ban to Oakland Athletics pitcher Michael Kelly and three minor leaguers, for betting on baseball, according to a Tuesday statement.
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June 03, 2024
MLB Says Padres Star May Have Breached Betting Rules
San Diego Padres infielder Tucupita Marcano is being investigated for allegedly placing bets on baseball games last season while he was playing for the Pittsburgh Pirates, a Major League Baseball spokesperson confirmed Monday.
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June 03, 2024
Hooters Can't Yet Ditch Ex-Workers' Sex Harassment Claims
A California appellate court has refused to undo a lower court's decision finding that Hooters of America must continue to fight former servers' allegations that they were harassed and abused at work, ruling that Hooters hasn't met its burden of showing that it was entitled to summary adjudication.
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June 03, 2024
11th Circ. Backs Freeze Of Grants For Black Women Only
In a split decision Monday, the Eleventh Circuit said that a Georgia federal judge should have blocked a Black-led venture capital firm from awarding grants to businesses owned only by Black women, opining that the practice was "substantially likely" to violate federal law barring racial discrimination in the writing of contracts.
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June 03, 2024
Substitute Teacher Co. Says Colo. Classification Rule Illegal
An independent platform said that an upcoming Colorado rule requiring it to consider employees the substitute teachers it helps schools find will hurt its business, urging a Colorado state court to halt the new policy going into effect on July 1.
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June 03, 2024
Ft. Lauderdale Sued Over Police Response To Floyd Protests
Several people who participated in the 2020 George Floyd protests have brought a proposed class action in Florida federal court against Fort Lauderdale officials, alleging their civil rights were violated by the police department's violent response to the peaceful demonstrations.
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June 03, 2024
USDA Proposes Another Rule To Protect Chicken Farmers
The U.S. Department of Agriculture proposed a rule Monday to make changes to the way poultry farmers are compensated, as the agency looks to address alleged abuses by the large processing companies that also supply the chickens.
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June 03, 2024
Enviro Groups Ask 9th Circ. To Affirm Blocked Logging Plan
Several environmental groups have urged the Ninth Circuit to uphold a Montana federal judge's decision halting a large logging operation in the Kootenai National Forest over concerns about the project's effect on grizzly bears and old-growth trees.
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June 03, 2024
Colo. Gov Signs Compromise Bill Raising Damages Caps
Colorado Gov. Jared Polis on Monday signed a law that will increase statutory caps on noneconomic damages for wrongful death and injury claims, as part of a deal to avoid a ballot-box fight between medical providers and personal injury lawyers.
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June 03, 2024
Justices Won't Review Contempt Sanctions Against Drug Co.
The U.S. Supreme Court won't hear Hi-Tech Pharmaceuticals' challenge to the Federal Trade Commission's $40 million judgment against it for misrepresenting weight-loss drugs and violating an injunction.
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June 03, 2024
Kroger, Albertsons Can't Get More Info On FTC Markets
An Oregon federal judge denied Kroger and Albertsons' requests for more information on the markets at issue in the Federal Trade Commission's ongoing attempt to block their merger, saying the companies' request is premature and excessively broad.
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June 03, 2024
Defense Cos. Seek Looser Export Controls In AUKUS Rule
Defense companies and industry groups have urged the State Department to expand export licensing exemptions included in a proposed rule intended to help implement the AUKUS agreement or risk undermining the intent of the trilateral defense cooperation deal.
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June 03, 2024
FTC Gets Backing Against Noncompete Rule Challenge
The Federal Trade Commission has received backing against a challenge of its new rule banning noncompete clauses, with a labor group, local lawmakers and others urging a Texas federal court not to prevent the rule from taking effect in September.
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June 03, 2024
Exxon Fights Activist Investor's 'Toothless' Dismissal Bid
Exxon Mobil Corp. is not backing away from a Texas lawsuit accusing investment adviser Arjuna Capital of improperly meddling in its business affairs by backing a proposal to reduce the company's greenhouse gas emissions, calling promises not to resubmit similar proposals in the future "toothless" in the wake of activist shareholder pressure to change the company's climate policy.
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June 03, 2024
Clear Rate Faces 4 New FCC Complaints Over 'Slamming'
Michigan-based Clear Rate Communications is yet again in the Federal Communications Commission's crosshairs over allegations of "slamming," with the commission ordering the company to wipe new customers' charges for the third time this year.
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June 03, 2024
Ex-Official Says Menendez Sparked Fear Of Ag Industry 'Harm'
A former U.S. Department of Agriculture official conceded under cross-examination Monday that a phone call he received from U.S. Sen. Robert Menendez about an acquaintance's certification business for meat exported to Egypt was like dozens he received from lawmakers advocating for their constituents, but he said it still left him worried for the industry.
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June 03, 2024
Improper DHS Appointment Voids Asylum Rule, Groups Argue
Two immigrant advocacy groups suing the federal government over a Trump-era rule that narrowed asylum eligibility have told a D.C. federal judge that the changes must be vacated, arguing that former acting U.S. Department of Homeland Security chief Chad Wolf was improperly appointed, making the changes void.
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June 03, 2024
Congress' Crypto Votes Lay Groundwork For Next Session
Congress' sudden and surprisingly bipartisan momentum on crypto policy is unlikely to result in a signed law this year, but the agreements set the stage for proposals that could go the distance next session.
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June 03, 2024
Attys Raise Safety Concerns In Feds' Bid To End Flores Deal
Attorneys for human rights organizations in the long-running Flores litigation are opposing the Biden administration's bid to partially terminate an agreement in the case mandating safety standards for minors in immigration detention, saying it could weaken existing protections.
Expert Analysis
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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Asset Manager Exemption Shifts May Prove Too Burdensome
The U.S. Department of Labor’s recent change to a prohibited transaction exemption used by retirement plan asset managers introduces a host of new costs, burdens and risks to investment firms, from registration requirements to new transition periods, say attorneys at Simpson Thacher.
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Pay-To-Play Deal Shows Need For Strong Compliance Policies
The U.S. Securities and Exchange Commission, through its recent settlement with Wayzata, has indicated that it will continue stringent enforcement of the pay-to-play rule, so investment advisers should ensure strong compliance policies are in place to promptly address potential violations as the November elections approach, say attorneys at WilmerHale.
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Key Takeaways From FDA Final Rule On Lab-Developed Tests
Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Kansas Workers' Comp. Updates Can Benefit Labor, Business
While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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What Lies Behind Diverging US And UK Insolvency Trends
Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.
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Liquidity Risk Management Tops NCUA Exam Priorities
As credit unions map their regulatory initiatives and audit plans, they should look to the National Credit Union Administration’s annual supervisory priorities, which include five important examination areas, including liquidity management and interest rate risk, say Juan Arciniegas and Judy Chen at Chapman and Cutler.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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Regulating Resurrected Species Under The ESA
As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.
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A Look At FERC's Plan To End Reactive Power Compensation
A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.