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Public Policy
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August 20, 2024
Power Plant Rule Stay Is Unwarranted, EPA Tells Justices
U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court to reject industry groups' and Republican-led states' attempts to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying the agency did not exceed its statutory authority.
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August 20, 2024
Local Chamber Can't Keep CFPB Case In Texas, Agency Says
The Consumer Financial Protection Bureau told a Texas federal judge that the Fort Worth Chamber of Commerce has, at most, a flimsy connection to a challenge to a new $8 credit card late fee rule, renewing its call to dismiss the local chamber and transfer the case in its latest brief.
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August 20, 2024
Feds Can't Delay Justice In Reservation Shooting, Family Says
The family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents says the federal government's efforts to quell requests for those officers' names is a move to delay justice, arguing that without early discovery the court could find them unaccountable for the incident.
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August 20, 2024
DOD Tells DC Circ. It Can Set Criteria For Soldier Citizenship
The U.S. Department of Defense is urging the D.C. Circuit to reverse a district court injunction permanently blocking the agency from setting service duration requirements for noncitizen soldiers to become citizens, saying Congress authorized it to do so.
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August 20, 2024
Cannabis Entrepreneur Can't Sue County Over Seized Property
A Puget Sound-area cannabis entrepreneur cannot pursue claims that local law enforcement damaged company property seized during an arrest on felony charges that were ultimately dropped, a Seattle federal judge has ruled, saying the businessman signed away his right to litigation.
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August 20, 2024
FCC Can't Subsidize Off-Campus Wi-Fi, Think Tank Argues
A free-market group criticized the Federal Communications Commission's new program to subsidize Wi-Fi service for schools and libraries, saying it is not just a dubious policy choice but breaks with the statutory limits that Congress set for the E-Rate program.
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August 20, 2024
At Nutter, Old Guard Meets New In Expanded Gov't Practice
Twenty-five years after they first met at Boston's Suffolk University Law School as professor and student, Bill Kennedy and Dan Mulhern are teaming up to lead an expanded government affairs and public policy practice at Nutter McClennen & Fish LLP.
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August 20, 2024
EPA Finalizes Herbicide Strategy To Protect Listed Species
The U.S. Environmental Protection Agency on Tuesday released a final strategy to protect nearly 1,000 threatened and endangered species and crucial habitat from herbicides, outlining measures to reduce their exposures to the chemicals.
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August 20, 2024
FTC Endorses Push For Broader Access To Biosimilar Drugs
The Federal Trade Commission is backing a proposal that would make it easier for drugmakers to show biosimilar medicines are safe substitutes for their more expensive counterparts, a move the agency says would boost competition and reduce confusion.
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August 20, 2024
Pathology Trade Group 2nd To Sue FDA Over Lab-Test Rule
A molecular pathology trade group has filed a lawsuit against the U.S. Food and Drug Administration, challenging a recent final rule to regulate laboratory-developed tests as medical devices and arguing the agency has abused its power — the second such case filed in recent months.
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August 20, 2024
States, Coal Cos. Seek High Court Block Of EPA Mercury Rule
A group of red states and coal companies have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision allowing the U.S. Environmental Protection Agency to implement a mercury air pollution rule while their legal challenges play out.
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August 20, 2024
Honigman Boosts Regulatory Team In DC With Ex-NHTSA Atty
Honigman LLP announced that a former senior attorney with the National Highway Traffic Safety Administration has joined the firm as senior counsel in Washington, D.C.
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August 20, 2024
'Full Steam Ahead' For Pandemic IG Despite Sunset Fear
A pandemic watchdog office is poised to shutter in seven months — its pleas for an extension have gone unheeded. But in the meantime, its remaining employees, some working away in their nondescript Alexandria, Virginia, office, others from their homes, are hustling to recover millions of dollars from COVID-19 fraudsters.
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August 20, 2024
Mass. AG Can't Enforce Housing Act, State's Top Court Told
Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Mich. County Will Pause Court Closures Opposed By Judges
A Michigan county has agreed to pause plans to consolidate seven court locations into one courthouse in Flint and get judges' buy-in on the future of the court facilities, resolving a lawsuit filed by the judges.
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August 20, 2024
Menendez, Co-Defendants Seek Acquittal After Guilty Verdicts
Convicted U.S. Sen. Robert Menendez and two of his co-defendants want their guilty verdicts thrown out, telling a New York federal judge the government failed to offer any evidence of how the senator used his office's power to benefit any of the alleged bribe givers.
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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.
Expert Analysis
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Examining Chancery's Relaxed New Confidential Filing Rules
The Delaware Court of Chancery’s overhauled Rule 5.1, which governs confidential filings, risks permitting nonconfidential information to be shielded from public review unless and until a challenge notice is filed — but several potential solutions could help to override this issue, says Delaware attorney Daniel J. McBride.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Behind The Delay Of Final HSR Premerger Filing Rules
Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Opinion
After Jarkesy, IRS Must Course-Correct On Captive Insurance
The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.
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Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
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Why FDIC Banks May Want To Consider Fed Membership
With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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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.