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Public Policy
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August 22, 2024
Builder Wins $524M Contract For Cybersecurity Agency HQ
The U.S. General Services Administration announced that it has awarded a construction company with a $524 million contract to build the new Washington, D.C., headquarters for a U.S. Department of Homeland Security agency.
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August 22, 2024
Mich. Says Justices' Minimum Wage Ruling Lacks Detail
The state of Michigan is seeking clarification from its high court on how to calculate the new minimum wage, saying there were several possible interpretations of the court's recent directive to account for inflation in the wage floor.
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August 22, 2024
Bank, Fintech Groups Say FDIC Should Ice 'Hot Money' Plan
A broad coalition of bank and fintech trade groups has called for the Federal Deposit Insurance Corp. to back off from a recently proposed revamp of its rules on "hot money," or brokered deposits, arguing the plan was put forward "without sufficient or transparent data or robust policy rationale."
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August 22, 2024
Pa. Air Force Vet Can't Challenge Court's Medical Pot Rules
A Pennsylvania appeals court won't let an Air Force veteran challenge the medical cannabis rules for treatment court programs in Berks County, saying he lacks standing because his use of medical cannabis was not the reason he was denied entry into the programs.
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August 22, 2024
Crypto Lobbyist Hit With FTX Campaign Finance Charges
Manhattan federal prosecutors announced Thursday that Michelle Bond, a crypto industry lobbyist and the girlfriend of convicted former FTX executive Ryan Salame, has been charged with getting the now-defunct digital asset exchange to illegally finance her unsuccessful 2022 congressional campaign.
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August 21, 2024
FTX's Salame Says Feds Broke Deal Not To Probe Girlfriend
Former FTX executive Ryan Salame urged a New York federal judge Wednesday to either vacate his May conviction or stop federal prosecutors from investigating his domestic partner Michelle Bond for related political campaign-finance offenses, saying prosecutors induced his guilty plea by promising not to probe Bond.
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August 21, 2024
Fed. Circ. Won't Rethink IP Safe Harbor Case
The Federal Circuit on Wednesday declined to review its decision affirming the dismissal of Edwards Lifesciences' infringement suit against Meril Life Sciences after Edwards urged the full court to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development.
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August 21, 2024
Tech Cos. Duck Proposed Calif. Bill Via News Funding Deal
Major tech companies, including Google, agreed Wednesday to pay roughly $250 million into a fund that proponents say would support newsrooms across California in a deal that avoids a proposed regulation that would've forced Big Tech to pay the state's media organizations for distributing news content.
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August 21, 2024
FDIC Taps MoFo Atty To Monitor Workplace Transformation
The Federal Deposit Insurance Corp. announced Wednesday that it has appointed a former prosecutor and veteran Morrison & Foerster LLP partner to serve as an independent monitor during the agency's efforts to revamp its workplace culture.
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August 21, 2024
Top New York Real Estate News This Summer
Catch up on the hottest real estate news out of New York so far this summer, from office sales and foreclosures to casino projects and housing policies.
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August 21, 2024
Fla. Co. To Pay $5M To End CFPB's Illegal Foreclosure Claims
Florida-based mortgage servicer Fay Servicing agreed Wednesday to pay a total of $5 million and its founder and CEO Edward Fay faces potential pay restrictions to resolve the Consumer Financial Protection Bureau's claims the company violated a prior 2017 agreement and multiple federal laws that protect borrowers against illegal foreclosure practices.
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August 21, 2024
Conn. Justices Back Insurer's Out-Of-Network Patient Bills
The Connecticut Supreme Court on Wednesday limited an emergency physician group's attempt to require a medical insurer to shoulder patient costs under the state's surprise medical billing law, holding that insurers can charge patients for shared costs, such as deductibles and copayments, at lower levels without violating consumer protection laws.
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August 21, 2024
FTC Fails 1st Test Of Rulemaking Push In Noncompetes Loss
The Federal Trade Commission suffered its first definitive loss Tuesday in the push to ban employment noncompete agreements, although the decision probably isn't the final word given a likely appeal and two other pending challenges also viewed as a test of the agency's efforts to expand its rulemaking footprint.
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August 21, 2024
Legal, Policy Orgs Urge Justices To Toss FCA Interpretation
Two groups are defending AT&T subsidiary Wisconsin Bell Inc. in its challenge to the use of the False Claims Act for E-Rate program reimbursement fraud, telling the Supreme Court in amicus briefs Tuesday that the Seventh Circuit's ruling in the case would make the FCA's qui tam powers too expansive.
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August 21, 2024
8th Circ. Reboots Fed Swipe Fee Suit After High Court Ruling
An Eighth Circuit panel on Wednesday remanded a suit challenging Federal Reserve debit card swipe fee rules, ordering new proceedings in the case after the U.S. Supreme Court ruled that it was not untimely after all.
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August 21, 2024
USPTO Argues Not All New Rules Call For Public Comments
The U.S. Patent and Trademark Office told the U.S. Supreme Court that forcing the agency to solicit public comments before instituting a new home address requirement for registering trademarks would be too much work.
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August 21, 2024
Judge Skeptical Ex-Murder Suspect Can Sue Embattled DA
A Colorado federal judge appeared to have doubts Wednesday about the prospects of a malicious prosecution lawsuit brought by a man initially charged with the murder of his wife, asking how the lawsuit can defeat immunity for police and prosecutors.
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August 21, 2024
10th Circ. Says Ex-Prosecutor Still Hasn't Proven Immunity
A Tenth Circuit panel on Wednesday said a former Denver deputy district attorney had not yet proven that she was entitled to qualified immunity in a malicious-prosecution case dating back more than a decade, the second time the appeals court has reversed a procedural win for the prosecutor.
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August 21, 2024
Signal Peak Can't Hasten DOI's Coal Mine Review, Judge Says
A D.C. federal judge ruled Wednesday that it would be premature to order federal regulators to speed up their environmental review of Signal Peak Energy LLC's planned expansion of a Montana coal mine, saying the federal government still has time to make good on its deadlines.
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August 21, 2024
Prometheum Plans To Support Two More Crypto 'Securities'
A cryptocurrency startup approved to safeguard crypto securities said Wednesday that it plans to support the tokens UNI and ARB when it launches in the fall, indicating it believes the digital assets implicate securities laws.
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August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
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August 21, 2024
Dartmouth's Refusal To Bargain Is Illegal, Hoops Union Says
The union representing men's basketball players at Dartmouth College accused the university of illegally refusing to negotiate, according to an unfair labor practice charge obtained by Law360 on Wednesday, as the school aims to challenge in federal court whether collegiate athletes are employees under federal labor law.
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August 21, 2024
Hunters, Breeder Want Puppy Import Ban Paused During Suit
Hunting groups and a breeder urged a Michigan federal court Wednesday to pause a health policy that bars them from bringing puppies younger than six months old into the U.S., arguing the ban will harm them if it remains active during their legal challenge.
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August 21, 2024
Judge Bars DOD Policy Blocking HIV-Positive Enlistees
A Virginia federal judge has struck down a U.S. Department of Defense policy barring HIV-positive people from joining the military, saying the DOD had failed to take current scientific evidence on HIV treatment and transmission into account.
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August 21, 2024
US Army Escapes Nebraska Tribe's Repatriation Suit
A federal district court judge won't order the U.S. Army to repatriate the remains of two Native American children from a boarding school cemetery in Pennsylvania, saying provisions of a law designed to protect Indigenous burial sites don't apply to the 180 children entombed there for more than a century.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Series
After Chevron: What Loper Bright Portends For The NLRB
While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.
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PE Firms Should Prepare For Increased False Claims Scrutiny
The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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Opinion
Unclear Intellectual Property Laws Are Stifling US Innovation
U.S. intellectual property law’s lack of predictability means far less job-creating investments for companies that need patent protection to compete, and Congress must step in with legislation like the Patent Eligibility Restoration Act to help address the problem, says Michael Gulliford at Soryn IP Capital Management.
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Pros And Cons Of 2025 NDAA's Space Contracting Proposal
The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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New Russia Sanctions Law: Bank Compliance Insights
Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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3 Healthcare FCA Deals Provide Self-Disclosure Takeaways
Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.
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Opinion
Congress Must Increase Small Biz Ch. 11 Debt Cap
Congress must act to reinstate Subchapter V, which recently sunsetted when the debt threshold to qualify reverted from $7.5 million to just over $3 million, meaning thousands of small businesses will no longer be able to use the means of reorganization, says Daniel Gielchinsky at DGIM Law.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.