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Public Policy
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August 20, 2024
EU OKs CMS-Led Aareal Bank To Sell Unit To TPG For €3.9B
The European Union approved on Tuesday the sale for approximately €3.9 billion ($4.3 billion) by German lender Aareal Bank AG and investment company Advent International of a property management and maintenance software company to U.S. private equity firm TPG and Canada's CDPQ.
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August 19, 2024
TPG Dumped Opioid Co. On 'Unsuspecting' Endo, Suit Says
After pushing Par Pharmaceutical to grow its market share in generic opioids and disregard federal requirements to report suspicious orders, TPG Capital saw other opioid manufacturers being inundated with litigation and sold Par to "an unsuspecting" Endo International PLC, according to a lawsuit filed in New York bankruptcy court.
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August 19, 2024
Parents Not Bound By Schools' Arbitration Pact, FTC Argues
The Federal Trade Commission has stepped into a proposed class action accusing education technology company IXL Learning of unlawfully collecting and selling children's personal information, telling a California federal court that the company's agreement with schools to arbitrate disputes doesn't extend to the parents pressing the data privacy suit.
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August 19, 2024
Ariz. Sheriff Can't Ax Racial Profiling Injunction, 9th Circ. Says
The Ninth Circuit on Monday kept in place a permanent injunction in a class action alleging the Maricopa County Sheriff's Office in Arizona racially profiled Latinos for traffic stops under the guise of immigration enforcement, saying the district court was within its powers to assign an independent monitor.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Texas Says Biden's River Barrier Claims Insist On Jury Trial
Texas told the Fifth Circuit that a federal judge got it wrong by denying its right to jury trial in a fight over the state's use of a border barrier in the Rio Grande, saying in a Monday brief that the government's claims carry a right for a jury trial.
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August 19, 2024
FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told
A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so.
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August 19, 2024
FCC Yanks Phone Co.'s Authorization After Getting No Answer
The Federal Communications Commission says a telecom is no longer allowed to operate in the United States after it failed to live up to the commitments it made to the federal government and then ghosted the agency when it tried to get in touch.
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August 19, 2024
Red States Seek To Block Interior Mining Violation Rule
A coalition of Republican-led states has asked a D.C. federal court to block the U.S. Department of the Interior from implementing a rule that strengthens requirements for states to respond to federal and citizen notifications of possible violations of federal mining law.
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August 19, 2024
9th Circ. Told Psilocybin Petition Is Backed By Precedent
A Ninth Circuit panel on Monday dissected opposing arguments from the U.S. Drug Enforcement Administration and a Seattle doctor over whether there is precedent to allow the dispensing of psilocybin — a psychedelic compound — to treat terminally ill patients.
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August 19, 2024
California Rips Challenge To Advanced Clean Fleets Regulation
California officials have urged a federal judge to toss a lawsuit from trade groups challenging new regulations requiring large commercial truck and bus fleets to start transitioning to electric and be completely zero-emission by 2036 and beyond, saying the mandates haven't even been enforced yet.
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August 19, 2024
9th Circ. Agrees Nursing Home Must Pay Fees In COVID Case
The Ninth Circuit has ruled that a nursing home must pay plaintiffs' legal fees in an appeal over the remand of a suit accusing it of causing two dozen patients' COVID-19 deaths, saying the home knew the court had already issued a precedential ruling on the issue.
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August 19, 2024
ND Tribe Says State Has No Right To Riverbed Mineral Rights
The Mandan, Hidatsa and Arikara Nation says North Dakota has no claim to mineral rights beneath a portion of the Missouri River within the tribe's reservation, arguing that despite a federal opinion that held the property belongs to the tribe, the state has allegedly issued oil and gas leases for the site.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
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August 19, 2024
Conn. Agencies Defend Rebuff Of Utility's $131M Rate Increase
Three Connecticut agencies, including its utility rate watchdog, have defended the state's rejection of United Illuminating Co.'s proposed three-year rate increase of $131 million, saying in Connecticut state court that regulators properly trimmed the company's request to $23 million in its first year from its $90 million request.
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August 19, 2024
FCC Partly Grants Globalstar Bid For 26 New Satellites
The Federal Communications Commission has partly granted Globalstar's application for more than two dozen new satellites, allowing 17 to launch for now but deferring action on the rest until a debris reduction plan is approved.
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August 19, 2024
UnitedHealthcare Says Humana Can't Access Its Records
UnitedHealthcare has asked the Texas high court to review a decision requiring it to turn over Medicare plan documents for the state's teachers to a competing insurer, arguing that recent updates to the Public Information Act were too broadly interpreted by a lower appellate court.
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August 19, 2024
NY Appeals Court Sides With DirecTV In Nexstar Fee Spat
A New York state appeals court upheld DirecTV's summary judgment win against Nexstar in a spat over station licensing fees, even giving the satellite TV giant more than it won in the trial court by ruling that the judge there incorrectly denied some of DirecTV's claims.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Groups Urge EPA To Ban Dispersants Used In Deepwater Spill
Two advocacy groups on Monday petitioned the U.S. Environmental Protection Agency to immediately stop using two chemical dispersants that were used after the 2010 BP Deepwater Horizon oil disaster and that they say cause a variety of health problems including cancer.
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August 19, 2024
Boston Defeats Suit By Fired Police Commissioner
A Boston police commissioner who was fired over decades-old abuse allegations had plenty of chances to give his side of the story, a Massachusetts federal court said Monday in rejecting claims he was defamed and stigmatized by the city's ex-mayor.
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August 19, 2024
Harris' Plan To 'Ban' Price-Gouging Met With Pushback
Vice President Kamala Harris, the Democratic presidential nominee, has unveiled a proposal to crack down on high grocery prices, stating as part of her economic agenda that she would implement a first-ever federal ban on price-gouging — yet market participants aren't so sure that's the right approach.
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August 19, 2024
Net Neutrality Akin To Federal Law Rewrite, 6th Circ. Told
A pair of think tanks told the Sixth Circuit it should reject the Federal Communications Commission's net neutrality rules in part because the agency's decision to hold back its legal authority in some areas, like rate regulation, shows why the regime lacks statutory authority in the first place.
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August 19, 2024
Even Kids Use 'Unfair' Like CFPB Policy Does, 5th Circ. Told
Scholars from top law schools urged the Fifth Circuit to reverse a Texas federal court's decision to strike a policy expanding the Consumer Financial Protection Bureau's antidiscrimination oversight capabilities, arguing that even "schoolchildren" could agree with the agency's legal position.
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August 19, 2024
Philly To Pay $25M For Breaking Prison Conditions Settlement
A federal judge has ordered Philadelphia to set aside $25 million to ramp up recruitment and retention efforts for the city's Department of Prisons, just over a month after the court found the city in contempt of a settlement in a lawsuit over prison conditions.
Expert Analysis
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Opinion
The FTC Needs To Challenge The Novo-Catalent Deal
Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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A Closer Look At New SDNY And EDNY Local Rules
New local rules in the U.S. District Courts for the Southern and Eastern Districts of New York went into effect earlier this month, and include both stylistic changes to make legal writing more accessible, and substantive changes to make processes and filings more efficient, say Andrew Van Houter and Jennifer Montan at Faegre Drinker.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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Chevron's End Puts Target On CFPB's Aggressive BNPL Rule
A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.