Try our Advanced Search for more refined results
Public Policy
-
August 23, 2024
On Final Night Of DNC, Prosecutors Ruled The Stage
Vice President Kamala Harris invoked her experience as a prosecutor and an attorney general in her speech Thursday night in Chicago accepting the Democratic nomination for president.
-
August 23, 2024
DOJ Sues RealPage For Helping Fix Rental Rates
The U.S. Department of Justice filed an antitrust lawsuit Friday accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.
-
August 22, 2024
10th Circ. Pauses Debt Relief Appeal After 8th Circ. Ruling
The Tenth Circuit on Thursday paused several states' appeal challenging a Kansas federal judge's injunction that partially barred the Biden administration's latest student debt relief plan, citing a broader injunction the Eighth Circuit issued earlier this month.
-
August 22, 2024
Patent Injunction Bill Has Potential To Reshape Disputes
Proposed legislation to create a presumption that courts would issue an injunction when patent infringement is found could empower patent owners and change the dynamics of disputes if enacted, though experts said the measure's impact would depend on how courts interpret it.
-
August 22, 2024
Calif. Justices OK Argentine Atty's Uber Fraud Fight
California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated the alleged fraud.
-
August 22, 2024
Homeowner Loses Atty Fees In Suit Over HOA Fence Policy
A Texas appeals court reversed a homeowner's win in a dispute with his neighbors over privacy fences facing a road, finding that a new state law prevents homeowners associations from enacting any covenant barring homeowners from putting up security measures, so the homeowner couldn't collect attorney fees.
-
August 22, 2024
7th Circ. Says Rep. Isn't Injured By Extended Ballot Count
A split Seventh Circuit panel on Wednesday upheld the dismissal of a challenge to Illinois' ballot receipt procedure, saying no one was forcing a congressman to spend money to safeguard the counting of mail-in ballots up to 14 days after Election Day.
-
August 22, 2024
Construction Co. Says It's Owed Coverage For Sinkhole Claim
A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.
-
August 22, 2024
3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid
The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.
-
August 22, 2024
NLRB Stops Accepting Consent Orders That Parties Oppose
The National Labor Relations Board overruled on Thursday a Trump-era precedent by ceasing the agency's acceptance of consent orders that face objections from both agency prosecutors and the charging party, finding the practice encroaches on the NLRB general counsel's powers.
-
August 22, 2024
Texas Asks Justices To Uphold Bar On Nuclear Waste Site
The state of Texas called on the U.S. Supreme Court to reject the U.S. Nuclear Regulatory Commission's attempt to upend a Fifth Circuit decision barring the agency from licensing a temporary nuclear waste storage facility in the state.
-
August 22, 2024
Smartmatic, Newsmax Defamation Suit Heads To Del. Trial
A Delaware Superior Court judge on Thursday teed up a four-week trial starting Sept. 30 on voting machine provider Smartmatic USA Corp. claims that it was defamed by unsubstantiated Newsmax Media Inc. reports tying the voting tech company to alleged conspiracies to steal the 2020 presidential election.
-
August 22, 2024
Mich. Panel Upholds Block Of 24-Hour Abortion Waiting Period
Michigan appellate judges have refused to lift a preliminary injunction blocking the enforcement of a 24-hour waiting period and other abortion regulations, leaving in place a lower court decision that found the laws likely violate the state constitution.
-
August 22, 2024
UK Antitrust Arm Pauses Google, Apple Probes For New Law
United Kingdom antitrust authorities hit pause on investigations into Google and Apple policies allegedly locking app developers into their in-app payment systems, preferring to wait until new powers come online even as officials said commitments offered by Google aren't enough to address their concerns.
-
August 22, 2024
Ga. Appeals Court Tosses Nearly $1M Slip-And-Fall Fee Award
The Georgia Court of Appeals on Wednesday affirmed a trial court's decision to revoke nearly $1 million in attorney fees from a man who was allegedly injured after falling into a city of Atlanta water meter box while also affirming the trial court's imposition of spoliation sanctions against the city.
-
August 22, 2024
9th Circ. Rebuffs Crypto Law Firm's Bid To Revive SEC Suit
A Ninth Circuit appeals panel said Thursday that a California federal judge was right to toss a crypto-focused law firm's preemptive challenge to the U.S. Securities and Exchange Commission since the firm failed to show it faced any "realistic danger" of catching an enforcement case over its use of the ethereum network.
-
August 22, 2024
Pennsylvania Hospital Gets 1 Week Reprieve In Steward Ch. 11
A Texas bankruptcy judge on Thursday approved an order setting general closing procedures for bankrupt hospital operator Steward Health Care, but gave Pennsylvania authorities a week's reprieve as they try to arrange a hospital sale.
-
August 22, 2024
Justices Allow Part Of Ariz. Voter Law To Take Effect
The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.
-
August 22, 2024
2 AGs Push Justices To Stay EPA Power Plant Emission Rule
Ohio and Kansas are urging the U.S. Supreme Court to pause a challenged U.S. Environmental Protection Agency rule that aims to reduce greenhouse gas emissions from power plants, arguing the unlawful rule forces plants to risk billions of dollars on unproven control technologies or shut down.
-
August 22, 2024
State Bank Coalition Establishes AI Advisory Group
The Conference of State Bank Supervisors has created a new advisory group to guide it on the development and use of artificial intelligence in the financial services sector, according to a Thursday statement.
-
August 22, 2024
NC Hot Rod Shop Owner Admits To Not Paying $2M In Taxes
A North Carolina automotive business owner has pled guilty to failing to pay more than $2 million in employment taxes and not filing employment tax returns, the U.S. Department of Justice announced Thursday.
-
August 22, 2024
Texas Tells High Court It's Not Idaho '2.0' In HHS Abortion Row
Texas and a pair of anti-abortion doctor organizations have urged the U.S. Supreme Court to reject the federal government's appeal of a Fifth Circuit decision blocking the Biden administration's guidance that hospitals must provide emergency stabilizing medical care, including abortions.
-
August 22, 2024
6th Circ. Can't Say If Mich. Official Can Block Facebook Critic
The Sixth Circuit can't apply the U.S. Supreme Court's new state-action test to decide if a city manager in Michigan is allowed to block critics from his personal Facebook page because it needs more information, the appellate court said, kicking the matter back to district court.
-
August 22, 2024
Ex-Morgan Stanley Representative Concedes SEC Suit
A former Morgan Stanley representative who was criminally convicted in a $4.8 million Ponzi scheme has conceded in a suit brought by the U.S. Securities and Exchange Commission, saying he agrees with the agency that judgment should be issued against him.
-
August 22, 2024
New SEC Rule Provides Break To Smaller Venture Funds
The U.S. Securities and Exchange Commission has approved rules that would raise thresholds before certain venture capital funds can be regulated as investment companies, enacting a congressional mandate aimed at easing costs for small funds.
Expert Analysis
-
How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
-
Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
-
New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
-
Opinion
Chevron Reversal May Protect IP Rights Under Bayh-Dole
The U.S. Supreme Court's overturning of Chevron deference may block the Biden administration's nearly finalized guidance reinterpreting the Bayh-Dole Act, protecting intellectual property rights and preventing harm to innovation and economic activity, says Brian O'Shaughnessy at Dinsmore & Shohl.
-
E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
-
Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
-
Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
-
How 3 Recent High Court Rulings Could Shape Fintech Policy
The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.
-
What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
-
Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
-
A Primer On EU's Updated Human Substance Regulations
The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.
-
Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
-
Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
-
CFPB's Medical Debt Proposal May Have Side Effects
The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.
-
New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.