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Public Policy
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August 28, 2024
SEC Omits 'Swing Pricing' Plan From Fund Disclosure Rules
A divided U.S. Securities and Exchange Commission on Wednesday agreed to require more detailed and frequent disclosures from mutual funds, though regulators dropped plans — at least for now — to implement a controversial "swing pricing" provision.
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August 28, 2024
Ga. Appeals Court Says Worker Should Get Pandemic Aid
The Georgia Court of Appeals overturned a superior court order affirming the denial of pandemic unemployment assistance benefits to a college student who worked part-time at a Chick-fil-A, saying both the trial court and the Georgia Department of Labor's review board wrongly found he quit his job for personal reasons.
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August 28, 2024
TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'
The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.
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August 28, 2024
Trump Prosecutor Restarts Precarious Road To DC Trial
The revised federal indictment accusing Donald Trump of scheming to overturn his 2020 presidential election loss is crafted in a way that experts say should allow it to survive scrutiny under the U.S. Supreme Court's ruling granting broad immunity to former presidents for official acts, but the justices could have the final say.
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August 28, 2024
BREAKING: Biden's Latest Judge Nominees Include Pick For Northern NY
President Joe Biden announced judicial nominees on Wednesday for federal district courts in New York, New Mexico and Arizona.
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August 28, 2024
DC Circ. Rejects Challenges To Nuke Waste Storage Site
A D.C. Circuit panel rejected a slew of challenges to federal regulators' approval of a temporary nuclear waste storage site in New Mexico, ruling that the U.S. Nuclear Regulatory Commission was right to include forward-looking terms about federally owned spent nuclear fuel in the license.
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August 28, 2024
Trim Advised In White Homeowners' Claims Against NC City
A magistrate judge in North Carolina recommended that a federal court trim a discrimination claim from a lawsuit lodged by white homeowners challenging Asheville's Human Relations Commission appointments, ruling that the relevant statute only applies to people who are members of minorities.
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August 28, 2024
Pa. Ex-Cop Faces Feb. Trial On Trimmed Jan. 6 Charges
A D.C. federal judge set a February date for Joseph Fischer's Jan. 6 Capitol attack trial, clearing the way for the former Pennsylvania cop to be tried by prosecutors after the U.S. Supreme Court struck down the obstruction of Congress charge in his case.
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August 28, 2024
Justices Won't Revive Student Debt Relief Plan Right Now
The U.S. Supreme Court on Wednesday refused to reinstate President Joe Biden's latest student loan debt relief program, leaving the $475 billion plan on ice until the Eighth Circuit decides whether the administration has the authority to continue its new push to reduce student loan bills for millions of people.
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August 28, 2024
Farella Braun Can Pursue Unpaid SVB Fees From FDIC
Farella Braun & Martel LLP can go after the Federal Deposit Insurance Corp. for $49,000 in legal fees owed by Silicon Valley Bank's parent after the agency was appointed as the bank's receiver, a California federal judge ruled Wednesday.
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August 28, 2024
Congress Urged To Address Trump Financial Conflicts
After possible financial conflicts of interest caused consternation during President Donald Trump's first term, an ethics watchdog is calling for a series of legislative reforms to prevent them from recurring if he's reelected.
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August 28, 2024
DOL Backs IBM Retirees' Bid To Revive Suit At 2nd Circ.
The U.S. Department of Labor urged the Second Circuit to revive a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, stating the lower court's ruling tossing the case "flies in the face" of U.S. Supreme Court precedent.
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August 28, 2024
Ex-Defender Opposes Bid To Fix Record In Harassment Case
A former assistant public defender in North Carolina who lost her suit accusing the judiciary of botching her sexual harassment complaint has called out mistakes in the trial transcripts but opposed the government's method for correcting them, calling the proposal "fundamentally unfair."
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August 28, 2024
Tenn. High Court Says Pot Smell A Factor In Probable Cause
Tennessee's highest court has ruled that notwithstanding the federal legalization of hemp, which smells like marijuana, a drug-sniffing police dog's signal that cannabis odor is present can still be a factor in giving law enforcement probable cause for a vehicle search.
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August 28, 2024
DLA Piper Adds Williams & Jensen Public Policy Ace In DC
DLA Piper has continued its recent expansion of the firm's government affairs and public policy practice with the addition of another Williams & Jensen PLLC attorney.
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August 28, 2024
Palin Wins New NYT Libel Trial As 2nd Circ. Chides Rakoff
The Second Circuit granted Sarah Palin a new trial Wednesday in her defamation suit against The New York Times, holding that U.S. District Judge Jed S. Rakoff biased the verdict in favor of the newspaper and "usurped" the jury's role by erroneously tossing the case during deliberations.
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed for by putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
CFPB Late Fee Rule Has Slim Ties To Fort Worth, Judge Says
A Texas federal judge had stern words for the U.S. Chamber of Commerce during a Tuesday hearing over a lawsuit challenging the CFPB's new credit card late fee rule in Fort Worth, saying that if judges' impartiality is in question "we need to just turn it in" as a country.
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August 27, 2024
USPTO Sued For Rejecting Blood Pressure Drug Patent
A small drug developer has hit the U.S. Patent and Trademark Office with a second lawsuit in Virginia federal court over the agency's latest rejection of the company's efforts to patent a different dosage of a drug the company markets to treat low blood pressure.
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August 27, 2024
DOJ Says Immigration Group Can't Join Oklahoma Suit
The federal government urged the Tenth Circuit to reject a Tulsa immigration nonprofit's efforts to join its suit against Oklahoma over a state law that would ban unauthorized immigrants from settling in the state.
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August 27, 2024
Alaskan Tribal Health Group Hits Feds With $390M Suit
The Alaska Native Tribal Health Consortium is asking a federal district court for at least $390 million in a challenge to the U.S. Department of Health and Human Services that claims the agency refused to pay certain contract support costs to operate its healthcare programs for seven years.
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August 27, 2024
Guo Trustee Says Trump Aide Must Face $353K Clawback Suit
The Chapter 11 trustee for Miles Guo has urged a Connecticut bankruptcy judge to preserve an adversary action seeking to claw back more than $353,000 that he alleged the Chinese exile fraudulently gave to Jason Miller, a senior adviser to Donald Trump and founder of conservative social media platform Gettr, saying Miller's bid to ax the case was flimsy.
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August 27, 2024
Feds Clarify Int'l Students' Eligibility For STEM Visa Program
U.S. Citizenship and Immigration Services updated its policy manual on Tuesday to clarify when international students graduating from STEM programs may be eligible for a visa allowing them to temporarily work in the U.S.
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August 27, 2024
Leave Support For Alaska Connectivity Intact, FCC Told
An Alaskan utility company told the Federal Communications Commission that rules blocking federal funds for broadband build out when there is already an unsubsidized competitor in the area might work fine on the mainland, but would be very bad for Alaska.
Expert Analysis
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.