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Public Policy
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May 02, 2024
Suspended Detroit Judge Running To Get Her Seat Back
A Detroit judge suspended by the Michigan Supreme Court for "repeated, deliberate misconduct" is running for an open judicial seat at her former court in the August primary election.
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May 02, 2024
Eckert Seamans Sues For Inclusive Zoning Fight Fees
Eckert Seamans Cherin & Mellott says a group representing Pittsburgh-area developers still owes nearly $76,000 in legal fees for the firm's work on a federal suit challenging an "inclusive zoning" ordinance, according to a complaint filed in Pennsylvania state court Thursday.
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May 02, 2024
NJ Gov. Backs Letting Ex-Incarcerated Sit On Juries
New Jersey Gov. Phil Murphy said Wednesday that his administration is supporting efforts to restore the right to people who were previously incarcerated to serve on juries, according to an announcement by the governor's office.
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May 02, 2024
Coverage Recap: Day 6 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 day six.
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May 02, 2024
Rules Against Judge Shopping Move Forward At Fed Agency
Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.
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May 02, 2024
If High Court Upends Jan. 6 Conviction, What Happens Next?
If the U.S. Supreme Court decides prosecutors overstepped by charging a rioter who stormed the Capitol with obstruction, the results will likely be mixed for hundreds of other defendants charged with the same crime, particularly those who have been convicted. That post-appeal uncertainty is nothing new, defense attorneys say.
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May 02, 2024
New DC Stadium A Step Closer With RFK Demolition Approved
RFK Stadium in Washington, D.C., has been cleared for demolition by the National Park Service, another step forward in the city's attempt to build a new stadium to lure back the NFL's Washington Commanders.
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May 02, 2024
Feds Try To Bar Psychiatrist's Testimony From Menendez Trial
Prosecutors have urged a Manhattan federal judge to bar U.S. Sen. Bob Menendez from introducing expert testimony at his upcoming bribery trial that he lived frugally and that his family's escape from an autocratic Cuban regime led him to develop a "fear of scarcity" and store large amounts of cash at home.
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 02, 2024
NC Dems Propose Axing At-Will Work In Workers Rights Bill
North Carolina Democrats have proposed broad legislation to bolster protections for employees in the Tar Heel State — from abolishing at-will employment to repealing the ban on collective bargaining for public employees and shoring up safeguards for contract workers.
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May 02, 2024
NJ Group's Challenge To Town's Pot Law Partially Revived
A New Jersey appeals panel has revived state law claims brought by a group challenging the Borough of Highland Park's cannabis licensing laws, while finding that the federal Controlled Substances Act does not preempt either the town's law or state cannabis law.
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May 02, 2024
DOL Fights Bid To Halt Prevailing Wage Rule
A group of construction groups didn't show how a final rule regulating prevailing wages hurts them, and halting the rule wouldn't be in the public's interest, the U.S. Department of Labor told a Texas federal court.
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May 02, 2024
Sullivan & Cromwell Creates National Security Practice Group
Sullivan & Cromwell LLP has launched a national security practice to help clients with matters stemming from the increased use of economic sanctions, anti-money laundering laws, the Foreign Corrupt Practices Act, foreign investment regulations, export controls and import restrictions, the firm said Thursday.
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May 01, 2024
Monsanto Gets $185 Million Wash. PCB Verdict Overturned
A Washington state appeals court sided with Monsanto on Wednesday, undoing a $185 million jury verdict for three teachers who claimed they were sickened by PCBs at a Washington school site and ruling the case could be limited by the Evergreen state's 12-year statute of repose for product liability claims.
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May 01, 2024
Republicans Say Bank Merger Reviews 'Need A Shot Clock'
House Republicans on Wednesday raised concerns with federal banking officials about how long it can take their agencies to sign off on proposed bank mergers, a long-standing industry complaint that the lawmakers say a tight "shot clock" could help address.
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May 01, 2024
Sens. Slam UnitedHealth's Security Lapses, Breach Response
UnitedHealth's top executive faced heavy criticism during his first appearance before a U.S. Senate committee since a cyberattack rocked its Change Healthcare subsidiary, with lawmakers blasting the company for lacking basic security measures and for still not being able to confirm the scale and scope of the incident.
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May 01, 2024
3 Takeaways From The DOJ's Cannabis Recommendation
The marijuana advocacy and business world responded with guarded optimism after the U.S. Department of Justice's announcement this week that it recommended relaxing restrictions on marijuana for the first time in more than 50 years.
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May 01, 2024
Future Is 'Bleak' If Judge Rejects Novant Merger, Court Hears
Novant Health on Wednesday sought to portray itself as the "last best hope" to save two struggling hospitals in North Carolina at the start of a multiday hearing in which the Federal Trade Commission is asking the court to squelch Novant's proposed $320 million merger.
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May 01, 2024
Pa. Justices Asked To Determine If Workers' Comp Covers CBD
An attorney representing himself — and, in a way, suing himself — will get an opportunity to convince the Pennsylvania Supreme Court that CBD oil and other nonprescription medicine should be covered by workers' compensation, according to a Tuesday order from the justices.
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May 01, 2024
Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains
Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.
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May 01, 2024
NY Lawmakers Call For Cop-Shoving Judge's Replacement
New York State Senate Judiciary Committee members said that either the governor or senate should ensure Justice Mark Grisanti is ousted after an ethics panel opted not to remove the Buffalo judge who brawled with neighbors, shoved a cop and invoked his ties to power, among other unethical behavior.
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May 01, 2024
USPTO Outlines Plan To Boost Diversity In Innovation
The U.S. Patent and Trademark Office on Wednesday unveiled a plan aimed at increasing innovation among young people and those from underrepresented backgrounds, calling on companies, governments and schools to make efforts to diversify and broaden their ranks.
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May 01, 2024
Colorado Asks Judge To Review New Kroger Spinoffs At Trial
Kroger can't throw a new divestiture plan on the table two months before discovery closes and then ask the court to consider it when deciding whether to hand down a preliminary injunction blocking its $25 billion union with Albertsons from moving forward, the state of Colorado says.
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May 01, 2024
Trump's Firm Can't Yet Withdraw After Atty-Client 'Breakdown'
A Manhattan federal judge won't yet allow the attorneys representing Donald Trump's campaign to withdraw from a pregnancy retaliation suit brought by a former campaign aide over what they called an "irreparable breakdown in the attorney-client relationship," but on Wednesday set a conference to review the request behind closed doors.
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May 01, 2024
Mich. Atty Can't Avoid Suspension For Frivolous Cases
The Michigan Attorney Discipline Board has said a 100-day suspension is appropriate for an attorney accused of filing frivolous claims and misleading federal and state courts while representing clients in cases against governmental entities and elected government officials.
Expert Analysis
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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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.