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Public Policy
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January 13, 2025
Justices Won't Weigh Del. Gun Laws, Injunction Standards
The U.S. Supreme Court turned away a challenge to Delaware's gun laws that could also reset expectations for getting interim relief in cases involving constitutional rights, according to orders released Monday.
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January 13, 2025
Justices Won't Review Biden's Contractor Wage Hike
The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
FDIC's Hill Calls For 'New Direction' In Preview Of Agenda
Federal Deposit Insurance Corp. Vice Chairman Travis Hill signaled Friday that he intends to steer the agency in a "new direction" when he takes over as its acting chief later this month, mapping out plans for a more tech-friendly, lighter-touch approach.
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January 10, 2025
DOJ Sues Airbnb After Host Denied Rental To Mom With Kids
The U.S. Department of Justice on Friday accused Airbnb of violating the Fair Housing Act over allegations that one of the company's hosts refused to rent an apartment in Alabama to a mother because she had three school-aged children.
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January 10, 2025
DeSantis Vows More Money, Control Over Everglades Projects
Florida Republican Gov. Ron DeSantis pledged to recommend $805 million of the state budget for continuing efforts in Everglades restoration and promised to take more control over water management, saying he hopes to work with the incoming Trump administration to expedite projects in order to reduce time and taxpayer expense.
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January 10, 2025
Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns
The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.
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January 10, 2025
Colorado Conduct Panel Dings Judges For Disclosure Lapses
A Colorado judicial commission on Friday criticized 48 judges for failing to file state-mandated personal financial disclosure reports in 2023, saying the lapses "cast a shadow" over the state's judiciary but did not warrant public discipline because no judges were dishonest or improperly secretive.
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January 10, 2025
CACI Denied New Trial Over Abu Ghraib Torture
The defense contractor found liable for conspiring with the U.S. military to torture inmates at the Abu Ghraib military prison said it would appeal to the Fourth Circuit after a Virginia federal judge Friday ruled the company won't get a third crack at trial.
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January 10, 2025
Texas High Court Flips Course To Hear Boeing Back Pay Suit
The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.
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January 10, 2025
NJ Justices Say Private Lienholders Can Be State Actors
The Garden State's highest court has ruled that a previous version of the New Jersey Tax Sale Law is unconstitutional, pointing to U.S. Supreme Court precedent in concluding that private lienholders are not entitled to surplus equity in property that exceeds the debt owed.
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January 10, 2025
4 Trends That Will Shape Venture Capital Funding In 2025
Venture capital funding appears primed to improve in 2025 as market participants shake off the effects of a post-pandemic crash, with surging demand for artificial intelligence, expectations of friendlier government policies, and more exits through public listings and acquisitions.
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January 10, 2025
NJ Says Existing Anti-Discrimination Law Applies To Using AI
New Jersey's attorney general issued guidance clarifying that the Garden State's discrimination law applies to "algorithmic discrimination," or discrimination and bias-based harassment stemming from the use of artificial intelligence and other similar technologies.
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January 10, 2025
FAR Council Pulls Proposed GHG Emissions Disclosure Rule
The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.
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January 10, 2025
FWS Rejects Bids To Strip Protections From Grizzly Bears
The U.S. Fish and Wildlife Service has rejected petitions from Montana and Wyoming to strip federal Endangered Species Act protections of grizzly bears in the Northern Rocky Mountains, saying it will instead look to shrink the geographic areas where they are protected.
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January 10, 2025
Sen. Durbin Questions Trump AG Nominee's Lobbying
U.S. Sen. Dick Durbin, D-Ill., the top Democrat on the U.S. Senate Judiciary Committee, pressed federal agencies Friday to provide information on President-elect Donald Trump's attorney general nominee's past role as a foreign lobbyist ahead of her confirmation hearings next week due to concerns about possible conflicts of interest.
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January 10, 2025
Feds Want 16 Mos. For Oath Keepers' Atty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group should be sentenced to 16 months in prison for her participation in the Jan. 6, 2021, attack on the U.S. Capitol, prosecutors have told a D.C. federal judge, saying her conduct and lack of remorse warrants a significant sentence.
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January 10, 2025
Justices To Review Block On Expanded Student Loan Benefits
The U.S. Supreme Court on Friday agreed to review the Fifth Circuit's block on expanded benefits under a federal program that forgives student loans for borrowers defrauded by higher education institutes.
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January 10, 2025
Faster Permits Needed For Next G's, Wireless Cos. Say
Wireless infrastructure builders are hoping for a more inviting regulatory environment at the federal and state levels as technology progresses and have put broadband permitting reform at the top of their legislative wish list for 2025.
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January 10, 2025
Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says
Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.
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January 10, 2025
Minn. Tribal Casino Execs Look To Nix Class III Gaming Fight
Executives of two Minnesota tribal casinos are urging a federal district court to toss a challenge by a commercial casino and horse racetrack operator that claims they're illegally fighting to dominate the state's gambling industry through Class III gaming, arguing that a recent Ninth Circuit decision weighs in their favor.
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January 10, 2025
Ga. Law Firm Latest To Fight Corporate Transparency Act
A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.
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January 10, 2025
7th Circ. Halts FDIC Enforcement Order Against Ex-Bank Chair
The Seventh Circuit on Friday granted a request from an Illinois community bank's onetime chairman for an emergency stay of professional sanctions the Federal Deposit Insurance Corp. ordered as part of an in-house proceeding the executive has alleged was unconstitutional.
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January 10, 2025
FDA Tells Justices RJ Reynolds Challenge Belongs In DC Circ.
The U.S. Food and Drug Administration urged the U.S. Supreme Court on Friday to send a suit by R.J. Reynolds Vapor Co. and two retailers challenging the denial of a marketing application from the Fifth Circuit to the D.C. Circuit, saying federal law doesn't allow a manufacturer to forum shop by bringing a retailer into its challenge.
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January 10, 2025
4th Circ. Accelerates Appeal In Contested NC High Court Race
The Fourth Circuit on Friday agreed to speed up briefing in an appeal centered on which court should hear a Republican judge's ballot challenge in his race for a seat on the North Carolina Supreme Court, squeezing the case in for argument before the first session of the new year.
Expert Analysis
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Why States Should Adopt ABA's 'Duty To Inquire'
State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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Timing Of An NLRB Power Shift Hinges On Biden Nominees
President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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Medicare Overpayment Rules Are A Mixed Bag For Providers
The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.