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Public Policy
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
DC Circ. Gives EPA Chance To Review Good Neighbor Plan
The U.S. Environmental Protection Agency will have a chance to review its Good Neighbor Plan in-house before litigating it further, according to a D.C. Circuit ruling granting the agency's request to remand the rule, so it could respond to issues raised by the U.S. Supreme Court.
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September 13, 2024
Mass. Justices Say Benefits Don't Accrue Under Leave Law
Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.
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September 13, 2024
Treasury Proposes Rules Defining Tax-Exempt Tribal Benefits
Treasury and the Internal Revenue Service released proposed rules Friday that would define what qualifies as tribal welfare benefits exempt from taxable income.
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September 13, 2024
Russia Expels 6 British Diplomats Accused Of Spying
Russia said Friday that it has revoked the diplomatic status of six British embassy employees after accusing the U.K. outpost of espionage, as geopolitical tensions between the two countries continue to rise.
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September 13, 2024
Barclay Damon Adds Longtime Democratic Consultant In NY
Barclay Damon LLP has hired a long-standing Democratic adviser to its New York office as of counsel, noting that his ties within political circles will allow him to offer a "unique" viewpoint to clients.
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September 12, 2024
Wells Fargo Ordered To Overhaul Sanctions, AML Compliance
Wells Fargo faces fresh restrictions on launching new products and entering new markets, and must beef up its compliance and monitoring efforts around sanctions, anti-money laundering and other international business risks, under an enforcement action announced Thursday by the Office of the Comptroller of the Currency.
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September 12, 2024
2nd Circ. Rejects Another Trump Bid To Halt Hush Money Case
The Second Circuit on Thursday rejected former President Donald Trump's request for an emergency order pausing his criminal hush money case, citing New York state court Justice Juan M. Merchan's decision to push his sentencing hearing from Sept. 18 until after the election.
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September 12, 2024
FCC Tells 6th Circ To Affirm Net Neutrality
The Federal Communications Commission told the Sixth Circuit the agency acted well within the law when it reimposed net neutrality limits on broadband providers and urged the court to reject industry claims that the commission's authority to regulate high-speed internet service is a "major question" that only Congress may address.
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September 12, 2024
Steward Health Care CEO Faces Contempt For No-Show
A Senate committee said it would vote next week to hold now-bankrupt Steward Health Care CEO Dr. Ralph de la Torre in contempt after he failed to comply Thursday with a subpoena ordering him to testify at a hearing.
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September 12, 2024
Corp. Disclosure Law Kills Community Boards, Nonprofits Say
The Community Associations Institute and other groups have sued the U.S. Department of the Treasury over the Corporate Transparency Act, arguing the law should not apply to them, violates constitutional rights and will lead to mass resignations from their community leadership boards.
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September 12, 2024
6th Circ. Says Food Transporter Illegally Shuttered Warehouse
A bulk food delivery contractor for grocery giant Kroger violated federal labor law when it closed its Louisville, Kentucky, terminal after a union representation election and fired employees, the Sixth Circuit has ruled, upholding a National Labor Relations Board decision.
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September 12, 2024
US Sanctions Cambodian Tycoon For Forced Labor Scam
A prominent Cambodian businessman and his business entities were hit with sanctions from the Treasury Department for their role in human rights abuses related to forced labor and human trafficking, the department announced Thursday.
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September 12, 2024
DOL Has Authority To Issue Salary Regs, 5th Circ. Affirms
The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.
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September 12, 2024
Medical Abuse Of DHS Detainees Suits Head To Mediation
Two cases brought by immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody were sent to mediation Wednesday.
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September 12, 2024
Biden Sets Record On Appointing Native American Judges
As part of his commitment to diversify the federal judiciary, President Joe Biden has appointed Native American judges in record strides. But stakeholders say there's more to be done for this vastly underrepresented population, and several judicial vacancies in states with large Native populations offer opportunity for continued progress.
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September 12, 2024
AGs Ask 2nd Circ. To Revive Their SALT Cap Workaround Suit
Attorneys general from New York, New Jersey and Connecticut asked the Second Circuit to revive their challenge to an IRS rule prohibiting workarounds to the federal cap on state and local tax deductions, saying the rule was arbitrary and contrary to congressional intent.
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September 12, 2024
Senate Preps Vote On 6th Circ. Nom Opposed By Tenn. GOP
The U.S. Senate is set to vote Monday on the nomination of Kevin Ritz to join the Sixth Circuit bench despite strong objection from the senior senator from Tennessee, one of the circuit's four states.
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September 12, 2024
Mass. Pot Regulator Gets Acting Head, Fired Chair To Appeal
The Massachusetts cannabis regulator has a new acting chair, as state Treasurer Deborah B. Goldberg on Thursday appointed a temporary replacement after her decision to fire Shannon O'Brien, who intends to appeal the termination.
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September 12, 2024
Kids Ask Supreme Court To Revive Long-Running Climate Suit
A group of children accusing the federal government of creating policies that worsen climate change asked the U.S. Supreme Court to revive their case, arguing in a petition filed Thursday that the Ninth Circuit overstepped when it ordered the trial court to dismiss the case this spring.
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September 12, 2024
Dem Lawmakers Target Predatory Sports Betting With New Bill
Two Democratic lawmakers on Thursday proposed federal sports betting legislation aimed at addressing what they called a "public health crisis," saying it will force operators to comply with federal standards in three areas: advertising, affordability and artificial intelligence.
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September 12, 2024
Ga. Republicans Sue Over Trump-Friendly Election Rules
Georgia's state assembly shouldn't have allowed the appointed state election board to issue a set of rules that are widely seen as advantageous to former President Donald Trump, a former Peach State legislator and his conservative think tank said in a suit on Thursday.
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September 12, 2024
Ex-Mass. State Sen. Tran Convicted Of Pandemic Aid Fraud
Former Massachusetts State Sen. Dean Tran was convicted Wednesday of fraudulently collecting pandemic unemployment benefits after he was voted out of office and of cheating on his taxes.
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September 12, 2024
House OKs Tightening Restrictions On Tax Credit For EVs
The U.S. House of Representatives voted in favor of a bill Thursday that would place further restrictions on qualifications for a tax credit for new electric vehicles amid concerns that current limits don't do enough to keep the benefits from flowing to foreign adversaries, including China.
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September 12, 2024
NY Top Court Rejects Trump's Latest Challenge To Gag Order
New York's highest court on Thursday rebuffed Donald Trump's latest effort to strike down a gag order in his hush money case, saying the appeal didn't involve a "substantial constitutional question."
Expert Analysis
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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Assessing Whether Jarkesy May Limit FINRA Prosecutions
The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Examining Patent Subject Matter Eligibility Of AI Inventions
In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.
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Pros, Cons Of Disclosing Improper Employee Retention Credit
Employers considering the Internal Revenue Service’s second voluntary disclosure program, which allows companies to avoid penalties for erroneously claiming employee retention credits for the 2021 tax year by repaying the credits and naming the tax advisers who encouraged these abusive practices, should carefully weigh the program’s benefits against its potential drawbacks, say attorneys at Winston & Strawn.
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Until Congress Acts, EDNY 'Insider Betting' Case Is Premature
The Eastern District of New York’s novel wire fraud conspiracy indictment in U.S. v. Pham may have prematurely heralded a new era in federal gambling enforcement, but in the absence of an “insider betting” statute, sportsbooks — not prosecutors — should be responsible for enforcing their terms of use, says attorney Jonathan Savella.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.