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Public Policy
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May 31, 2024
15 States Sue To Block Biden's ACA Trans Discrimination Rule
The Biden administration was hit with a lawsuit on Friday over its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, with a group of 15 states claiming the guidance is an effort "to enshrine sweeping gender-identity mandates without congressional consent."
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May 31, 2024
Group Sued Over Immigrants' Benefits Too Late, Panel Holds
A Michigan state appeals court has nixed a nonprofit's challenge to the court's ruling that working while unauthorized is a crime and that immigrant workers are not entitled to benefits once their unauthorized status is discovered, saying the group brought the lawsuit in an untimely manner.
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May 31, 2024
Trade Court Orders Commerce Redo Of Brazilian Honey Duties
The U.S. Court of International Trade ordered the U.S. Department of Commerce to reconsider substituting certain facts for information the department said a Brazilian honey producer withheld, saying the producer did provide the requested information.
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May 31, 2024
DOJ Slams Apple's Planned Bid To Dismiss Antitrust Suit
The U.S. Justice Department has hit back against Apple's proposed bid to exit the department's antitrust suit claiming that the company is monopolizing the smartphone market, arguing that the technology giant ignores "well-pleaded facts" and misinterprets the law.
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May 31, 2024
How Trump's Hush Money Sentencing Could Get 'Dicey'
Now convicted of nearly three dozen felonies, former President Donald Trump must move through the machinery of the New York state court system's sentencing process, which involves sitting down for an interview with a probation officer and a chance to directly address a judge he's called biased and "corrupt."
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May 31, 2024
Colo. Establishes Middle-Income Housing Tax Credits
Colorado is creating a pilot program to provide a tax credit for developers of housing aimed at middle-income residents under a bill signed into law by Gov. Jared Polis.
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May 31, 2024
DOJ's Ad Tech Case May Go To Judge, Not Jury, After All
A Justice Department lawyer told a Virginia federal judge Friday the government is "perfectly happy" to have a bench trial accusing Google of monopolizing key digital advertising technology after the judge signaled the search giant may have short-circuited the government's original and unusual bid for a jury trial.
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May 31, 2024
Michigan Justices Say Treadmill Claims Not Filed Too Late
The Michigan Supreme Court on Friday revived a woman's claims against a delivery company she says negligently installed her treadmill, saying the state court claims related back to her timely filed claims in a previously dismissed federal court case with the same allegations.
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May 31, 2024
Pa. Media Co. Must Face Ex-Editor's Age, Disability Bias Suit
A local media company can't dodge a former editor's lawsuit claiming she was fired and replaced with younger workers for requesting to work from home because of arthritis, a Pennsylvania federal judge ruled, finding her allegations were detailed enough to move forward.
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May 31, 2024
SD School District Will Resolve Native American Disparity Claims
A South Dakota school district has agreed to resolve a 14-year-old U.S. Department of Education compliance review that found evidence that Native American students were being disciplined more frequently and harshly than others and faced discrimination in the selection for advanced placement and honors courses.
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May 31, 2024
Mountain Of Messages Dominates Week 2 In Menendez Trial
The wife of U.S. Sen. Robert Menendez asked her "handsome senator" husband for a favor that allegedly furthered a bribery scheme, coached him on what to say to Egyptian officials, and let an attorney use her phone to make a deal with him, jurors learned during the second week of trial in the government's corruption case.
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May 31, 2024
Trump's New York Prosecutors Called To House Hearing
Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.
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May 31, 2024
Colo. Justices Agree To Weigh In On Blackstone Lease Row
Colorado's high court agreed Wednesday to answer two key questions in a putative class action against Blackstone subsidiaries, after a federal judge said tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.
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May 31, 2024
A Potential Tipping Point For Transgender Athlete Litigation
After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.
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May 31, 2024
Lindell No-Shows Amid Solvency Concerns In Sanctions Fight
Attorneys for My Pillow CEO Mike Lindell were nowhere to be found Friday as a D.C. federal judge mulled how much they should pay in sanctions for counterclaims in election company Dominion's ongoing libel suit, saying he'd likely set an amount in the coming weeks.
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May 31, 2024
Wash. Prison Law Not Biased Against GEO, 9th Circ. Told
Washington state has urged the Ninth Circuit to lift a lower court's injunction blocking a law aimed at improving private prison standards, saying the law does not discriminatorily target private prison operator GEO Group Inc.
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May 31, 2024
As Broadband Subsidy Ends, Biden Pushes For Renewal
The White House pressured Congress on Friday to allocate new funding for the Affordable Connectivity Program as the subsidy officially shut down, cutting off a broadband discount to millions of low-income households.
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May 31, 2024
Colo. Judge Will Consider Kroger Divestiture Plan
A Colorado state judge ruled Friday that Kroger Co. can discuss its latest divestiture plan at a hearing on the attorney general's request to temporarily block a $24 billion proposed merger with Albertsons, saying federal courts have not excluded such evidence from similar injunction proceedings.
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May 31, 2024
Lambda Legal To Expand With $180M Campaign
Lambda Legal, a national nonprofit focused on the civil rights of LGBTQ+ people and those living with HIV, announced on Friday a $180 million fundraising campaign, along with an organizational strategy that aims to expand its legal team significantly by 2026.
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May 31, 2024
Complaints About BC Tennis Coach Led To Firing, Suit Says
A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.
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May 31, 2024
Taft Stettinius Adds 6 Ice Miller Public Infrastructure Attys
Taft Stettinius & Hollister LLP has added six public infrastructure attorneys, the firm announced Thursday, touting the new team's experience with public-private partnerships, public finance, broadband telecommunications and utilities.
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May 31, 2024
Ohio's Jailed Ex-Speaker Denies Misusing Campaign Funds
Former Ohio House Speaker Larry Householder on Friday pled not guilty to misappropriating his campaign funds to cover legal fees for the notorious bribery scandal that landed him a 20-year prison sentence.
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May 31, 2024
Del. Chancellor Questions 'Rush' To Amend Corporation Law
Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.
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May 31, 2024
DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz
The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."
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May 31, 2024
Trump Condemns NY Trial As Verdict Echoes In DC
A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.
Expert Analysis
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.
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Opinion
SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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What's In OCC's Proposed Freedom Of Information Act Update
In this article, Christine Docherty at Goodwin discusses the Office of the Comptroller of the Currency's proposed amendments to its regulations implementing the Freedom of Information Act, and how these changes might align with guidance from other regulators.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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IRS Sings New Tune: Whistleblower Form Update Is Welcome
In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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Consumer Privacy Takeaways From FTC Extraterritorial Action
With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.
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FDIC Bank Merger Reviews Could Get More Burdensome
Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.