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Public Policy
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June 04, 2024
Monsanto Tries To Flip $1B PCB Losses As Plaintiffs Press On
Monsanto is moving to capitalize on a Washington state appellate victory it claims casts doubt on more than $1.1 billion in PCB poisoning verdicts, while plaintiffs are staking out positions to defend — and even build on — their blockbuster wins.
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June 04, 2024
GOP Spending Bill Aims To Cut SEC Budget, Nix Climate Rule
The Republican-led House Appropriations Committee released a spending bill Tuesday that threatens to cut funding for financial service agencies and prevent the U.S. Securities and Exchange Commission from funding its controversial climate disclosure rules and bar Consumer Financial Protection Bureau spending on a contentious rule, as well.
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June 04, 2024
House DHS Budget Bill Takes Aim At Biden Priorities
The House Appropriations Committee released a $64.8 billion funding bill for the U.S. Department of Homeland Security for next fiscal year, with a bevy of priorities and policy riders aimed at countering or undoing Biden administration immigration priorities.
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June 04, 2024
CFPB Seeks Traffic Cop For Parallel Small-Biz Data Rule Suits
The Consumer Financial Protection Bureau on Tuesday asked a Kentucky federal judge to stay an industry lawsuit challenging the agency's small-business lender reporting requirements, saying a largely identical challenge filed earlier in Texas should take precedence.
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June 04, 2024
Rep. Gaetz Backs FTC's Noncompete Ban In Court
Rep. Matt Gaetz threw his support behind the Federal Trade Commission on Tuesday in a court battle over the agency's new rule banning employee noncompete clauses, arguing that Congress has repeatedly affirmed the commission's authority to make competition rules.
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June 04, 2024
9th Circ. Backs Agency Denial Of Partnership's Crop Policy
The Federal Crop Insurance Corp. reasonably interpreted a policy that was canceled by an insurer after a farming partnership filed a claim seeking the full $1.9 million limit, the Ninth Circuit ruled Tuesday, affirming a decision backing the FCIC's conclusion that the operation didn't qualify for coverage.
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June 04, 2024
FDA Advisers Rebuff Bid To Treat PTSD With MDMA
A panel of public health experts on Tuesday dealt a blow to a historic effort to regulate MDMA therapy for post-traumatic stress disorder, saying although the positive effects shown in clinical trials are promising, the proposal was hindered by too many confounding factors.
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June 04, 2024
Recreational Marijuana To Be On SD Ballot For 3rd Time
Recreational marijuana advocates have successfully put a measure on South Dakota's November ballot, giving state voters a third shot at legalizing the drug just two years after they declined to do so.
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June 04, 2024
Shrimp Group Tries To Revive Commerce's Abandoned Duties
A shrimp producers' trade group advocated at the Federal Circuit on Tuesday for anti-dumping duty rates that the U.S. Department of Commerce has abandoned, after the agency recalculated and lowered the rates following an order from the U.S. Court of International Trade.
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June 04, 2024
Judge Skeptical School Mask Opponent Can Duck Sanctions
A Washington state appellate judge appeared doubtful Monday that $30,000 in sanctions for a man and his attorneys were unwarranted, after a trial court judge found his school board recall petitions were meant to bully board members into flouting a state COVID-19 mask mandate.
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June 04, 2024
Bill Would Give Tribes Stronger Say In Forest Protection
U.S. Sen. Lisa Murkowski has introduced legislation that would correct oversights and expand the language of the Tribal Forest Protection Act, arguing that the law has proved too restrictive for Indigenous communities and prevented Alaskan Native corporations from participating in its programs entirely.
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June 04, 2024
Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations
The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.
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June 04, 2024
Justices Raise Doubt Hospital System Must Face Wage Claims
The California Supreme Court appeared open Tuesday to undoing a finding that a hospital system is not a public entity and must face workers' meal- and rest-break claims, with one justice noting that state law repeatedly calls the system a public entity and saying, "So what do we make of that?"
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June 04, 2024
'Ghost Gun' Makers Ask 2nd Circ. To Weigh In On NY AG Case
A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered "firearms" and if they are entitled to immunity under federal firearms law.
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June 04, 2024
Chief Justice's Leadership Is Falling Short, Schumer Says
Senate Majority Leader Chuck Schumer on Tuesday criticized U.S. Supreme Court Chief Justice John Roberts for what he sees as lackluster efforts to address ethical impropriety among high court members.
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June 04, 2024
Ga. County Wants 11th Circ. To Rethink Trans Care Ban Ruling
A Georgia county that lost a legal challenge to a provision of its health plan that bars coverage for gender-affirming surgery has asked the full Eleventh Circuit to revisit the decision, arguing that an opinion last month wrongly found the policy discriminates against transgender people, rather than being isolated to a single procedure.
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June 04, 2024
2nd Circ. Says ERISA Blocks Cigna Bill Backpedaling Suit
The Second Circuit affirmed the dismissal of a podiatric medicine provider's suit alleging Cigna illegally backtracked on covering a patient's $200,000 bill, ruling that a lower court was right to find that federal benefits law blocks the healthcare provider's breach of contract claims.
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June 04, 2024
Telecom Org. Says Expanding Universal Fund Only Way To Go
The head of a major telecommunications industry group is urging Congress to tap big tech in order to keep the Universal Service Fund afloat, saying in a new article that "the solution to affordable connectivity is staring us in the face."
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June 04, 2024
DOJ Remains 'Clear Eyed' About No-Poach Prosecutions
A senior U.S. Department of Justice Antitrust Division prosecutor continued Tuesday to emphasize the importance of criminal cases accusing employers of fixing wages or curtailing recruitment and hiring of workers from rivals, asserting that despite courtroom defeats, enforcers are trying to learn from past failures.
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June 04, 2024
Meta, Texas Strike Deal To End State's Biometric Privacy Suit
Meta Platforms Inc. and Texas' attorney general have agreed to settle the state's suit accusing the social media giant of using its facial recognition technology to illegally collect Facebook users' biometric information without their consent, the parties told a state court.
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June 04, 2024
Airlines Seek Shield From Chicago's New Paid Sick Leave Law
The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.
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June 04, 2024
Sen. Leaders Press Biden's Tax Court Nominees On Fairness
Senate Finance Committee leaders pressed President Joe Biden's three new judicial nominees for the U.S. Tax Court to explain Tuesday how they would extend fair treatment to taxpayers if they are confirmed.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
White House Threatens Veto Over Policy Riders In VA Bill
The White House has threatened to veto a $147.5 billion bill funding military construction and the U.S. Department of Veterans Affairs, citing partisan policy proposals it said would harm minority groups and risk patient safety at VA medical facilities.
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June 04, 2024
6th Circ. Says 1,000-Yard Gun Range Not Constitutional Right
A split Sixth Circuit panel said a Michigan town had the authority to ban long-distance gun ranges despite the Second Amendment's protections, ruling it was "difficult to imagine" that training to shoot from 1,000 yards away was needed to defend oneself.
Expert Analysis
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Calif. Verdict Showcases SEC's New 'Shadow Trading' Theory
Last week's insider trading verdict, delivered against biopharmaceutical executive Matthew Panuwat by a California federal jury, signals open season on a new area of regulatory enforcement enabled by the U.S. Securities and Exchange Commission's shadow trading theory, say Perrie Weiner and Aaron Goodman at Baker McKenzie.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Closer Look At Antitrust Agencies' Chat Platforms Guidance
Following the U.S. antitrust agencies' clarification that companies' preservation obligations extend through applications that automatically delete communications, firms should look at new compliance measures, including keeping control over retention settings, say John Ingrassia and Tim Burroughs at Proskauer.
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Expect CFPB Enforcement To Continue Ramping Up
From hiring and structural changes to continuous external pressure from a variety of sources, all signs indicate that the recent rise of the Consumer Financial Protection Bureau's public enforcement activity will continue throughout the rest of the year, despite ongoing litigation that could upend everything, say attorneys at Paul Hastings.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects
The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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HHS Opioid Rule Generally Benefits Providers And Patients
The U.S. Department of Health and Human Services' newly effective rule, the first substantial change to opioid treatment programs and delivery standards in over 20 years, significantly expands access and reduces stigma around certain medications, though the rule is narrow in scope and does have some limitations, say attorneys at Alston & Bird.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.