Public Policy

  • June 27, 2022

    7th Circ. Won't Let Red States Step Into Public Charge Fight

    The Seventh Circuit on Monday refused to allow a group of Republican-led states to intervene in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting.

  • June 27, 2022

    Regal Ordered To Pay Rent Despite COVID Theater Closures

    A Delaware state judge on Monday ruled that Regal Entertainment Group must pay $5.5 million in unpaid rent and other charges stemming from leases with Simon Property Group, finding that the pandemic doesn't excuse Regal from its rent payment obligations under the leases.

  • June 27, 2022

    Illinois To Become Abortion 'Oasis' In Wake Of Dobbs Ruling

    Abortion providers and officials in Illinois are preparing for potential interstate conflict and litigation as they expect a flood of patients to cross the state's borders following Friday's U.S. Supreme Court decision overturning Roe v. Wade that could clear the way for every surrounding state to outlaw the procedure.

  • June 27, 2022

    Biofuel Group Fights Blending Pass For Refiners At DC Circ.

    A biofuel trade association is accusing the U.S. Environmental Protection Agency of wrongfully affording small refiners a get-out-of-jail-free card by not requiring them to honor past years' biofuel mixing requirements even after the refiners' exemption requests were denied.

  • June 27, 2022

    Teachers, Kindergartner Can't Block Fla. Classroom Race Law

    A Florida federal judge Monday ruled that two teachers, a soon-to-be kindergartner and a diversity training consultant, can't preliminarily block a controversial state law — enacted to regulate classroom instruction of race — saying they haven't shown they have standing for injunctive relief.

  • June 27, 2022

    Trump Takes Twitter 'Censorship' Case Loss To 9th Circ.

    Former President Donald Trump is appealing last month's dismissal of his putative censorship class action against Twitter, according to a notice filed in California federal court on Monday.

  • June 27, 2022

    Top Court Finally Overruled 'Lemon' Test Monday. Or Did It?

    Justice Neil Gorsuch's opinion Monday is clear: The landmark First Amendment case known as Lemon v. Kurtzman, which had long plagued religious conservatives, is no longer good law. But no one seems to agree whether the so-called Lemon test even had a pulse before Monday's U.S. Supreme Court decision in Kennedy v. Bremerton School District.

  • June 27, 2022

    HUD To Label 'Troubled' Projects In New Checkup Rule

    The U.S. Department of Housing and Urban Development aims to better assess problems with Section 8 housing projects and check up on owners more frequently under changes in a newly published final rule.

  • June 27, 2022

    Leech Lake Official Seeks Election Redo In Suit Against DOI

    The secretary-treasurer of the Leech Lake Band of Ojibwe of the Minnesota Chippewa Tribe urged a federal judge on Monday to undo a recent tribal election, saying the U.S. Department of the Interior and tribal officials wrongly blocked him from running to retain his office.

  • June 27, 2022

    Biden Issues Tariff Hike On Certain Russian Goods

    The White House announced on Monday that it would raise levies to 35% on certain Russian imports not already prohibited in the U.S., in accordance with its suspension of trade relations with Russia amid the country's war on Ukraine.

  • June 27, 2022

    LA Developer Convicted In City Council Bribery Scheme

    A California federal jury convicted a Los Angeles real estate developer Monday of giving $500,000 in bribes to former city councilor Jose Huizar in exchange for getting a nonprofit's challenge to the development project dropped.

  • June 27, 2022

    Biden Admin. Beats Suit Over Paused Owl Habitat Rollback

    A D.C. federal judge has tossed a lawsuit aimed at forcing the Biden administration to implement a Trump-era rule removing a large part of forestland in the Pacific Northwest from areas deemed critical to protecting the northern spotted owl.

  • June 27, 2022

    Tyson Workers Ask 5th Circ. To Revive COVID Safety Suit

    A group of Tyson Foods Inc. workers has asked the Fifth Circuit to revive and send back to state court their lawsuit accusing the company of negligently exposing them to COVID-19 at the beginning of the pandemic, echoing other Tyson workers' arguments that their claims don't belong in federal court.

  • June 27, 2022

    La. Enviro Agency Can't Join Pollution Suit, 5th Circ. Told

    The Louisiana Department of Environmental Quality can't be sued for allegedly failing to inform landowners about pollution at a valve plant because the law doesn't allow tort claims against state agencies, Dresser LLC, Baker Hughes and others have told the Fifth Circuit.

  • June 27, 2022

    Feds Shut Down 6 Websites In Music Piracy Sting

    Prosecutors in Virginia announced Monday that they have "seized" a handful of website domain names that they say were involved in "streaming and downloading copyright-protected content," as part of a larger anti-piracy operation that the federal government is conducting in tandem with prosecutors in Brazil.

  • June 27, 2022

    Twitter Stock Pumper Avoids Prison For Microcap Fraud

    A would-be Twitter-based stock sage on Monday was sentenced to six months of house arrest for what prosecutors say was a social media-based pump-and-dump scheme designed to induce his followers to drive up the share price of a worthless shell company.

  • June 27, 2022

    Cannabis Bill Roundup: NJ Sen. Eyes Legalizing Hallucinogen

    A leading New Jersey state senator has introduced a new bill to legalize the hallucinogen psilocybin for adults 21 and over, while lawmakers pitched bills on Capitol Hill to help cannabis companies access capital and veterans use medicinal marijuana. Here are the major legislative moves in cannabis and drug reform from the past week.

  • June 27, 2022

    Boston Schools Want Out Of Union's Remote Work Suit

    Boston Public Schools asked a Massachusetts federal judge Monday to scrap a teachers union's COVID-19 lawsuit, saying the union would have to prove each of its members suffered discrimination when they were required to return to work in person despite their health conditions and concerns about the coronavirus.

  • June 27, 2022

    Trump Adviser Eastman Says Feds Seized His IPhone

    Former Donald Trump legal adviser John Eastman, who is embroiled in a House select committee's investigation of the Jan. 6 attack on the U.S. Capitol, said in a Monday lawsuit that federal agents have seized his iPhone 12 using what he described as an overly broad search warrant.

  • June 27, 2022

    Federal Agencies Ink Deal To Tout Broadband Funding

    The Federal Communications Commission has reached a deal with a federal grantmaking agency to trumpet the availability of funds to develop broadband in areas that need better coverage around the U.S.

  • June 27, 2022

    Kansas Hemp Co. Sues State Governor Over $120K Seizure

    A Kansas delta-8 cannabinoid business owner is suing the state's attorney general and governor, claiming local law enforcement cost him more than $120,000 worth of property and cash during a raid that classified his merchandise as a Schedule I drug, according to a suit filed in federal court.

  • June 27, 2022

    Biden Orders Agencies To Rein In Illegal Fishing Practices

    President Joe Biden moved to crack down on fishing practices that threaten ocean health, directing federal agencies Monday to fully leverage their regulatory and diplomatic powers to curb illegal, unreported and unregulated fishing.

  • June 27, 2022

    Calif. Ruling Steadies Fraught EB-5 Landscape For Now

    A California federal judge has ordered the federal government to allow previously licensed EB-5 regional centers to continue operating while one of the immigrant investment centers challenges an agency mandate to seek reauthorization after March legislation revamped the program.

  • June 27, 2022

    Sustainability Group Sees 'Clear' US Progress On Climate Risk

    U.S. financial regulators have made big strides over the past year in moving to monitor and mitigate the risks that climate change poses to the financial system, but they're still way behind some of their peers internationally, according to a report released Monday by an influential sustainability group.

  • June 27, 2022

    Cable Group Wants Retransmission Conditions On Tegna Deal

    A major cable TV trade group has called on the Federal Communications Commission to prevent Tegna's potential new owners from wielding too much leverage in broadcast retransmission talks if their proposed $8.6 billion takeover of the broadcasting giant succeeds.

Expert Analysis

  • 5th Circ. Ruling Signals Judicial Shift On SEC Admin Process

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    The Fifth Circuit’s decision in Jarkesy v. U.S. Securities and Exchange Commission signals a growing discomfort in the judiciary with the SEC's administrative process, and those dealing with enforcement actions should bring their constitutional challenges early and often, say Benjamin Daniels and Trevor Bradley at Robinson & Cole.

  • DOT Standards For EV Chargers Address Key Public Concerns

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    The U.S. Department of Transportation's recently proposed standards for public electric vehicle charging infrastructure reflect the Biden administration's continued effort to encourage EV deployment in the U.S. markets — and speak to some of the most important concerns of EV consumers relating to charging, say Levi McAllister and Maggie Curran at Morgan Lewis.

  • Opinion

    NYC Pay Transparency Law May Fail To Close Wage Gap

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    Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Deploying US Discovery In Brazil Following High Court Ruling

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    While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

  • High Court's Tribal Ruling May Enable More Gambling In Texas

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    The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

  • Proposed Online Platform Regs Deviate From Antitrust Norms

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    The U.S. and EU are on the cusp of adopting digital platform legislation that would impose regulations based solely on firms' size, avoiding traditional antitrust principles and potentially changing the way online platforms' conduct is litigated, say Daniel Fenske at Mayer Brown and Felipe Pereira at Tauil Chequer.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Chicago Cos. Must Prepare For New Sex Harassment Law

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    A Chicago ordinance taking effect next week imposes new requirements on employers around preventing sexual harassment in the workplace, so in-house employment counsel and human resources professionals should take several compliance steps and invest in efforts to foster respectful workplaces, say attorneys at Proskauer.

  • SEC Crypto Unit Expansion Is A Warning To Industry

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    The U.S. Securities and Exchange Commission’s recent decision to expand its Crypto Assets and Cyber Unit is a clear signal that federal regulators may increase enforcement against those violating securities laws in the digital asset space, say attorneys at BakerHostetler.

  • Enforcement Trends To Watch After SEP Remedies Withdrawal

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    Patent holders and implementers will need to consider several key issues in light of the new case-by-case federal enforcement stance following the withdrawal of the 2019 policy statement on standard-essential patents and the recent decision not to implement a new policy statement, say Alexander Okuliar and John Lanham at MoFo.

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