Public Policy

  • July 15, 2024

    Feds Say New Migrant Detention Rules Moot Lawsuit

    The Biden administration asked a California federal court to end a long-running lawsuit challenging the government's practices for placing unaccompanied migrant children, saying it addressed all the issues identified by the court with an April policy change.

  • July 15, 2024

    Detroit Must Face Bus Rider's Injury Suit, Mich. Panel Says

    The city of Detroit can't escape a lawsuit claiming one of its bus drivers intentionally hit the brakes in an effort to injure a passenger she was arguing with, causing injuries to another commuter, a Michigan appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to governmental immunity.

  • July 15, 2024

    BEAD Should Not 'Impede' Rural 5G Fund, FCC Says

    The chair of the Federal Communications Commission told Congress the fear of overlapping deployment is no reason for the government to spend infrastructure dollars on building out fixed internet service before auctioning spectrum for rural mobile broadband projects.

  • July 15, 2024

    10th Circ. Rejects Okla. Title X Funding Cut Challenge

    A Tenth Circuit panel on Monday rejected Oklahoma's challenge to federal cuts of its Title X funding over the state's refusal to provide referrals for abortions, affirming it was likely the state knowingly and voluntarily accepted the Department of Health and Human Services' requirements for the grant funding.

  • July 15, 2024

    La., Miss. Utility Regulators Launch FERC Grid Policy Fight

    Louisiana and Mississippi utility regulators called on the Fifth Circuit on Monday to review the Federal Energy Regulatory Commission's sweeping overhaul of how major electric transmission projects are planned and paid for.

  • July 15, 2024

    Colo. Judge Asks If Campaign Limits Hinge On Experts

    A Colorado federal judge wondered Monday who had the right to decide whether political corruption is enough of a problem to justify state campaign contribution limits, questioning the weight of expert opinion in a bench trial over the constitutionality of those limits.

  • July 15, 2024

    Menendez Jury Seeks Deliberation Guidance In 2 Notes

    The Manhattan federal jury weighing bribery charges against Sen. Robert Menendez and two businessmen sent two notes Monday indicating confusion as to fundamental issues.

  • July 15, 2024

    JD Vance's Wife Leaves Munger Tolles As Campaign Launches

    Usha Chilukuri Vance, the wife of vice presidential candidate J. D. Vance, has resigned as a litigator at Munger Tolles & Olson LLP, her now-former law firm told Law360 on Monday afternoon, presumably to trade her Washington, D.C.- and San Francisco-based litigation career for the campaign trail.

  • July 15, 2024

    Monsanto Doubles Down In Push To Undo $82M PCB Verdict

    Monsanto has urged a Washington state appeals court to toss an $82 million jury verdict awarded over polychlorinated biphenyls exposure at a school, saying the findings by the same court in a similar case should apply.

  • July 15, 2024

    NRA's Policies Called 'Dumpster Fire' As 2nd NY Trial Opens

    The New York attorney general cast the National Rifle Association as unrepentant and unreformed as a second-phase bench trial began in state court Monday, after a jury had found the group and its ex-officers liable for misspending millions.

  • July 15, 2024

    Fed's Powell Says He's Not Going Anywhere As Chairman

    Federal Reserve Chair Jerome Powell said Monday that he will serve out the remaining two years of his appointment leading the central bank, signaling his intent to stick around despite questions about his future in a second potential Trump administration.

  • July 15, 2024

    Calif. Justices Nix 3 Charter Arb. Terms, Remand Severability

    The California Supreme Court held Monday that three of four challenged provisions in Charter Communications Inc.'s employee arbitration agreement are "substantively unconscionable" but remanded a worker's discrimination case back to the trial court to determine if those provisions can be severed and the agreement can still be enforced.

  • July 15, 2024

    Bulk Billing Regs Could Hurt Lower-Income Tenants, FCC Told

    Tighter regulations on bulk billing in multitenant environments could make it harder for seniors, low-income households and students to afford high-speed internet service, industry representatives told the Federal Communications Commission.

  • July 15, 2024

    School Counselor's FMLA Suit Should Be Tossed, Judge Says

    A Georgia school district should be allowed to escape a former counselor's lawsuit alleging she was terminated for requesting time off to care for her sick husband, a federal judge said Monday, finding she couldn't overcome the district's explanation that she'd failed to correct performance issues despite multiple opportunities.

  • July 15, 2024

    Feds Outline Eligibility Criteria For Foreign Entrepreneur Rule

    U.S. Citizenship and Immigration Services provided updated guidance on the requirements for foreign entrepreneurs to qualify for short-term immigration benefits under the International Entrepreneur Rule.

  • July 15, 2024

    Gun Mags Are Not 'Arms' Under Constitution, Wash. AG Says

    Washington's attorney general is urging the state Supreme Court to uphold a ban on sales of large-capacity magazines for firearms, arguing on Friday that the ammunition devices are not arms deserving of constitutional protection.

  • July 15, 2024

    3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws

    The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."

  • July 15, 2024

    Airstrike Survivors Lose Bid To Block UAE's $23.4B Arms Sale

    A Washington, D.C., federal court dismissed an effort to block a $23.4 billion arms sale to the United Arab Emirates, saying the plaintiffs — survivors of a 2019 airstrike in Libya — hadn't shown a likelihood of getting attacked again.

  • July 15, 2024

    9th Circ. Won't Review Toss Of Youths' Climate Case

    The Ninth Circuit has rejected youth plaintiffs' request for an en banc rehearing of a May ruling that dismissed their climate change suit against the U.S. government.

  • July 15, 2024

    Insurance Groups Want DOL Investment Advice Regs Blocked

    Several insurance groups urged a Texas federal court to halt the U.S. Department of Labor's new regulations that broaden who qualifies as a fiduciary under federal benefits law, saying the agency's new rule is no different from one the Fifth Circuit invalidated in 2018.

  • July 15, 2024

    4th Circ. Rejects Couple's $5.1M Easement Deduction

    The Fourth Circuit rejected Monday a married couple's bid to revive a claimed $5.1 million conservation easement deduction, saying it represented a "remarkable" attempt to inflate the value of a 41-acre property that was worth just $652,000 the year before they donated it.

  • July 15, 2024

    FTX Proposes $4B Settlement Of CFTC's Massive $52B Claim

    FTX Trading Ltd. asked a Delaware bankruptcy judge to sign off on a settlement with the U.S. Commodity Futures Trading Commission, saying the agreement to allow the agency a $4 billion claim in its bankruptcy would end a fraud civil enforcement action and address the "most significant single creditor" in the crypto currency exchange's Chapter 11 case.

  • July 15, 2024

    NHTSA Fuel Economy Suits Consolidated In 6th Circ.

    Eight separate legal challenges to the U.S. Department of Transportation's newly finalized fuel economy standards for passenger cars and light trucks have been consolidated in the Sixth Circuit, the Judicial Panel on Multidistrict Litigation said Friday.

  • July 15, 2024

    Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use

    An administrative law judge's decision reinstating a Jersey City police officer to her job after she was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.

  • July 15, 2024

    New York AG Lobs New Challenge To Rec Sports Trans Ban

    New York Attorney General Letitia James and a local roller derby league each sued to strike down a newly passed law banning transgender women and girls from participating in recreational sports at facilities run by Nassau County on Monday, reviving a bitter legal fight.

Expert Analysis

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • Opinion

    Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit

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    A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.

  • Unpacking The Latest Tranche Of Sanctions Targeting Russia

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    Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

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    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

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