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Public Policy
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July 16, 2024
Coinbase Scales Back Its SEC Request For Gensler Docs
Crypto exchange Coinbase said it will narrow its request for the communications of U.S. Securities and Exchange Commission Chair Gary Gensler after the New York federal judge overseeing its enforcement suit warned that seeking private emails would be a "tough road to hoe."
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July 16, 2024
Ex-County Exec Wants Firm Kicked Off NJ Discrimination Suit
A former New Jersey county health director who claims his termination was retaliatory wants the firm representing the county disqualified, arguing Testa Heck Testa & White PA is conflicted due to interactions he had with two of the firm's attorneys before and during his termination meeting.
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July 16, 2024
Santander Says Boston Tow Policy Violates Its Rights
Boston's policy of allowing tow companies to auction off vehicles to cover the cost of towing and storage violates the due process rights of lenders who hold a security interest, Santander Consumer USA said in a complaint filed on Monday in federal court.
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July 16, 2024
Cohen Asks Justices To Hear Claim Trump Put Him In Prison
Donald Trump's former attorney-turned-critic Michael Cohen has asked the U.S. Supreme Court to take another look at his suit claiming the former president had him imprisoned in retaliation for his plans to portray Trump negatively in his book.
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July 16, 2024
FCC Plans Vote To Expand AI Robocall Regulations
The Federal Communications Commission announced Tuesday that it plans to vote next month on a proposal to require robocallers to disclose their use of artificial intelligence to call recipients, among other potential new rules surrounding AI in telecommunications.
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July 16, 2024
Ex-Trump Counsel Has Advice For GOP On Judicial Noms
A former Trump White House official who worked on judicial nominations has advised a potential future Republican administration to be aggressive, proactive and not to compromise on circuit court picks.
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July 16, 2024
FCC Says Call Routing Protocols Need Better Security
The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.
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July 16, 2024
Chinese Exile Guo Guilty On Most Counts In $1B Fraud Case
A Manhattan federal jury on Tuesday convicted prominent Chinese Communist Party critic Miles Guo on most charges alleging he operated a vast fraud that solicited more than $1 billion worth of sham investments from his supporters.
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July 16, 2024
Fed. Circ. Denies US Cos. Interest From Late Duty Payments
Domestic companies that are entitled to antidumping and countervailing duty payments under the now-defunct Continued Dumping and Subsidy Offset Act aren't entitled to the interest that accrues when the tariff is paid late, the Federal Circuit ruled.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Menendez Guilty Of 'Shocking Corruption,' Urged To Resign
A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.
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July 16, 2024
Ex-Philly Charter School Exec Gets 7 Years For Embezzlement
Abdur Rahim Islam, who ran famed R&B producer Kenny Gamble's Philadelphia-based housing and education nonprofit, was sentenced Tuesday to seven years in prison for stealing hundreds of thousands of dollars from the organization and using the ill-gotten gains for Caribbean vacations.
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July 15, 2024
9th Circ. Won't Revive Challenge Of US Military Aid To Israel
Palestinian human rights activists cannot revive their lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, the Ninth Circuit ruled Monday, saying the decision to provide military or other aid to a foreign nation is a political arrangement that does not belong in the courts.
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July 15, 2024
Tribes Fight Red States' Bid To Halt EPA Water Rule
Tribal nations are seeking to challenge a bid by red states in North Dakota federal court to block a U.S. Environmental Protection Agency rule revision requiring states to consider tribes in addressing water quality standards under the Clean Water Act, arguing that the agency has the power to change its regulations.
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July 15, 2024
Green Groups, Industry Spar Over Feds' Offshore Leasing Plan
Conservation groups and the American Petroleum Institute are weighing in with starkly contrasting opening briefs for D.C. Circuit challenges of a 2024-2029 offshore oil and gas leasing program and arguments for why it should be scaled back or expanded.
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July 15, 2024
Bannon Wants Full DC Circ. To Revisit Contempt Conviction
Ex-Trump White House aide Steve Bannon asked the D.C. Circuit on Monday for an en banc rehearing as he seeks to overturn his contempt of Congress conviction, saying a three-judge panel's determination that he "willfully" flouted a subpoena from the Jan. 6 House select committee ignored U.S. Supreme Court precedent.
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July 15, 2024
Farm, Fuel Groups Challenge Feds' Land Conservation Rule
The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.
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July 15, 2024
SEC Pans Database Privacy Challenge As Too Little, Too Late
The U.S. Securities and Exchange Commission is looking to rid itself of a proposed class action targeting a market surveillance tool known as the consolidated audit trail, telling a Texas federal judge that shutting down a critical market stability tool 12 years after its creation would harm the public without providing any benefit to suing investors.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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Opinion
Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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New La. Managing Agent Law May Portend Growing Scrutiny
Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.