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Public Policy
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May 28, 2024
Trump's Florida Prosecutors Scolded For Gag Order Filing
The Florida federal judge overseeing Donald Trump's classified documents case on Tuesday temporarily rejected the government's request for a limited gag order and admonished prosecutors for what she said was a lack of "substance and professional courtesy" in their conferral with defense attorneys before filing the motion.
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May 28, 2024
High Court Urged To Review NY Rent Law Challenge
Four interested third parties have urged the U.S. Supreme Court to review a suit challenging two 2019 changes to New York rental laws, arguing that high court intervention is needed to protect property rights across the country.
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May 28, 2024
Feds Push Back At Hunter Biden's 2nd Bid To Ditch Gun Case
Special counsel for the government urged the Third Circuit to deny Hunter Biden's second attempt to appeal a Delaware federal judge's refusal to dismiss his felony firearm charges, stating Biden's interpretation of guiding precedent would "swallow the final judgment rule whole."
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May 28, 2024
Industry Lines Up Behind Net Neutrality Repeal Measure
Broadband service providers lined up Tuesday to support a Republican-backed U.S. House bill to repeal the Federal Communications Commission's recently passed net neutrality rules, but the measure faces a chilly reception in the Democrat-controlled Senate.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement
The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.
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In Bribery Case, High Court's Past Is Probably Prologue
The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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Ruling In La. May Undercut EPA Enviro Justice Efforts
A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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8 Tips As GCs Prep For New SEC Climate Disclosure Rules
The U.S. Securities and Exchange Commission's recently adopted rules governing climate-related disclosures represent a major change to the existing public company disclosure regime, so in-house counsel should begin to evaluate existing systems and resources related to emissions data, and identify the changes that will need to be made, say attorneys at Bracewell.
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A Defense Strategy For Addressing Copyright Fee-Shifting
Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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An Overview Of Key Financing Documents In Venture Capital
The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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Opinion
Neb. Justices Should Weigh IRC Terms In Dividend Tax Case
Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.
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What New Waste Management Laws Signal For The Future
Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.