Public Policy

  • July 25, 2024

    Texas Can Pursue 'Invasion' Defense In River Barrier Row

    Texas can pursue an "invasion" defense in the Biden administration's suit over an anti-migrant barrier in the Rio Grande, a federal judge has ruled, saying the state could ultimately show migration at the southern border actually constitutes an invasion.

  • July 25, 2024

    Divided FCC Floats AI Disclosure Rule For Political Ads

    The Federal Communications Commission is moving forward with a proposal to require that radio and television broadcasters disclose when political advertising uses artificial intelligence.

  • July 25, 2024

    USPTO No Longer Wants To Change TM Response Deadlines

    The U.S. Patent and Trademark Office said Thursday it has decided to keep current post-registration response deadlines after the agency concluded that many trademark owners would not be subject to the proposed shorter response period.

  • July 25, 2024

    Dems, And Now Biden, Contemplate Supreme Court Reform

    On the heels of President Joe Biden saying he will push for U.S. Supreme Court reform in the final months of his presidency, two Democratic lawmakers on Thursday rallied to promote a bill that would increase the number of seats on the court from nine to 13.

  • July 25, 2024

    Ex-Conn. Tax Official Cites 'Just Cause' To Challenge Firing

    A former high-level legal director at the Connecticut Department of Revenue Services has asked the state's intermediate appellate court to reverse her termination, saying the agency, an employment review board and a state trial court judge all failed to apply "just cause" standards to her firing as a managerial worker.

  • July 25, 2024

    3rd Circ. Enters Fray On Venue For Immigration Appeals

    The Third Circuit has transferred an immigration case to the Sixth Circuit, finding that court to be the appropriate venue for an appeal stemming from an immigration case involving virtual appearances from multiple remote locations, because the complaint underlying the matter was filed in Ohio.

  • July 25, 2024

    EPA OIG Says Texas, Calif. Pollution Sources Need Oversight

    The U.S. Environmental Protection Agency has, since at least 2006, failed to keep tabs on air pollution sources in California and Texas that might require more stringent control measures, the EPA's internal watchdog said Wednesday.

  • July 25, 2024

    Senate Confirms First Tax Court Judge Since 2020

    The U.S. Senate on Thursday confirmed a U.S. Tax Court judge for the first time since 2020.

  • July 25, 2024

    Ex-Defender Says Judiciary Reform Study Buoys Bias Suit

    A former public defender who accused the federal judiciary of flubbing its investigation of her sexual harassment claim has doubled down on her request for the court to take notice of a recent study promoting judiciary workplace reforms, hitting back at her opponent's attempt to discredit the report's relevance.

  • July 25, 2024

    DP World Wins OK Of $194M Award Against Djibouti

    A D.C. federal judge entered a $194.3 million judgment against the Republic of Djibouti, enforcing an arbitration award secured by a Dubai-based port terminal operator in a long-running legal battle over an international container terminal in the East African country.

  • July 25, 2024

    4th Circ. Vacates FTC Loss After Novant Bows Out Of Merger

    The Fourth Circuit has agreed to vacate a North Carolina federal judge's ruling allowing Novant Health's planned $320 million hospital merger to advance after the Federal Trade Commission secured an emergency injunction on appeal that effectively killed the deal.

  • July 25, 2024

    IRS, Zaxby's Co-Founder To Settle $43M Easement Suit

    The Internal Revenue Service agreed to settle a $43 million valuation dispute over a conservation easement donated by the co-founder of the Zaxby's restaurant chain and his wife, prompting a Georgia federal court Thursday to cancel next month's anticipated jury trial.

  • July 25, 2024

    11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal

    Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.

  • July 25, 2024

    Pa. Justices To Weigh Rules For Tossing Provisional Votes

    The Supreme Court of Pennsylvania will expedite an appeal to clarify the rules for accepting or tossing certain provisional votes, in a case brought by candidates in a tight race for a seat in Pennsylvania's House of Representatives.

  • July 25, 2024

    Calif. Justices Rule Prop 22 Is Constitutional

    The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.

  • July 25, 2024

    Illinois Gov. Pritzker Touts State's Pot Law As Equity Model

    Illinois Gov. J.B. Pritzker on Thursday spoke to a conference of cannabis attorneys and touted his state's recreational marijuana market as a model for equity in business ownership and criminal justice reform that other jurisdictions could follow.

  • July 25, 2024

    Kroger, Albertsons Agree To Delay $25B Merger Closing

    Kroger Co. and Albertsons said Thursday they agreed to delay closing on their $25 billion merger until after a judge rules on the merits of Colorado regulators' antitrust case, allowing the companies to avoid a two-week hearing next month.

  • July 25, 2024

    Belgium Taken To EU Court Over Deposit Exemption Rules

    The European Union's executive branch said Thursday that it is taking Belgium to court alleging that the country's system of exempting remuneration of savings deposits from tax violates EU law.

  • July 24, 2024

    Boeing, DOJ Finalize 737 Max Plea Deal

    The Boeing Co. has finalized its agreement to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing Wednesday evening.

  • July 24, 2024

    FDIC's Hill Says Basel Plan Needs New Draft With All Aboard

    The Federal Deposit Insurance Corp.'s second-in-command called Wednesday for federal regulators to move in unison as they revise their controversial Basel III endgame plan for tougher big-bank capital requirements, saying any next draft should be comprehensive and backed by all the agencies involved.

  • July 24, 2024

    Feds Say They're Shielded From Family Separation Damages

    The U.S. Department of Justice told a California federal judge on Wednesday that the federal government was immune from claims brought by families seeking damages for emotional trauma after being separated at the border under the Trump administration.

  • July 24, 2024

    Delta Air Targeted In DOT Probe Following Global Tech Outage

    Delta Air Lines is being investigated by the U.S. Department of Transportation over its handling of massive flight cancellations since the global outage Friday that left passengers stranded in airports waiting hours to reach customer service representatives and resulting in thousands of complaints, the agency announced Wednesday.

  • July 24, 2024

    DHS Settles Fight Over Docs On Detained Immigrant Abuse

    The U.S. Department of Homeland Security has settled a University of Washington lawsuit seeking documents that could shed light on human rights abuses on federal immigration detainees and others subject to deportation, the parties told a Washington federal judge.

  • July 24, 2024

    Native Hawaiian Midwives Gain Relief From Licensing Law

    A Hawaii judge blocked parts of a state law regulating midwives Tuesday, ruling it violates the constitutional rights of Native Hawaiians by denying them a reasonable pathway to securing approval for traditional prenatal care.

  • July 24, 2024

    Pfizer's Fuel Cells Can't Be Taxed, Conn. Justices Rule

    A fuel cell module that powers Pfizer Inc.'s research campus in Groton, Connecticut, is not subject to personal property taxes, the state's high court ruled Wednesday, upholding a lower court decision that allowed FuelCell Inc. to avoid several multimillion-dollar local tax assessments and penalties.

Expert Analysis

  • Fla. HOA Reforms Bring Major Wins For Homeowners

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    A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.

  • How Congress Is Tackling The US Healthcare Shortage

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    With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.

  • How Justices' Chevron Ruling May Influence Wind Projects

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    Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.

  • Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI

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    Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.

  • 6 Tips For Maximizing After-Tax Returns In Private M&A Deals

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    With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.

  • Opinion

    Why The Patent Eligibility Restoration Act Can Spur Progress

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    Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.

  • Lower Courts May Finally Be Getting The Memo After Ciminelli

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    A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Protecting Trade Secrets In US, EU Gov't Agency Submissions

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    Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.

  • Big Banks Face Potential Broader Recovery Plan Rules

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    The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • 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.

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