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Public Policy
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July 03, 2024
Judge Trims Retailer's Defenses In Long COVID EEOC Suit
A Colorado federal judge struck several of an appliance retailer's affirmative defenses Wednesday in a U.S. Equal Employment Opportunity Commission lawsuit alleging it wrongfully terminated a worker who asked for more time off to deal with long COVID symptoms.
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July 03, 2024
Texas Court Puts FTC's Noncompete Ban On Hold
A Texas federal judge on Wednesday blocked the Federal Trade Commission from enforcing its rule banning noncompete agreements against tax preparation company Ryan LLC and the U.S. Chamber of Commerce and suggested the regulation should be shot down.
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July 03, 2024
2nd Circ. Backs NY Campaign Finance Laws Favoring Parties
The Second Circuit on Wednesday rejected a constitutional challenge to New York state campaign finance laws that created a stricter set of rules for candidate-nominating independent bodies than for more established political parties.
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July 03, 2024
NC Solicitor General Faces GOP Roadblock To 4th Circ. Bench
President Joe Biden's selection of North Carolina Solicitor General Ryan Y. Park for a Fourth Circuit seat tops off a distinguished resume that includes a Harvard Law degree and a stint at Boies Schiller & Flexner LLP, but he still faces an uphill road to the bench amid pushback from Tar Heel State senators.
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July 03, 2024
Contentious Ala. Gender Care Case Partly Paused
Favoring "judicial efficiency," an Alabama federal court has partially granted the Biden administration's opposed motion to stay a case challenging the state's ban on gender-affirming healthcare for transgender youth while the U.S. Supreme Court reviews a similar Tennessee ban, though some briefing, including for summary judgment, was permitted to proceed.
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July 03, 2024
Solar Biz Says Duty Circumvention Probe Ignored Contractors
A solar importer urged the trade court to unwind the U.S. Department of Commerce's expansion of duties on Chinese solar products to Cambodian goods, alleging flaws with how the department assessed how much manufacturing occurred in Cambodia.
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July 03, 2024
9th Circ. Says Carjacking Is Not Reason For Removal
The Ninth Circuit has ruled the 2006 carjacking conviction of a Salvadoran immigrant isn't enough to deport him because carjacking alone "is not a categorical crime of violence" under federal law.
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July 03, 2024
Feds Call Delayed Asylum Bid Reasonable Amid Backlogs
The U.S. Department of Homeland Security is urging a Florida federal court to rule that it's not unreasonable for one man's asylum application to still be processing after four years and counting in light of the asylum backlogs at U.S. Citizenship and Immigration Services.
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July 03, 2024
Feds Must Act On Right Whale Protections, Green Groups Say
Conservation groups are pushing a D.C. federal judge to order the National Marine Fisheries Service to act on a proposal meant to reduce the number of vessels killing and injuring North Atlantic right whales, saying its inaction is helping push the imperiled species toward extinction.
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July 03, 2024
Atty's COVID Relief Fraud Case Ends After Diversion Program
A Georgia federal judge has tossed charges against an attorney over a fraudulent scheme involving federal pandemic-relief business loans, granting on Wednesday the government's motion to dismiss after the attorney completed a pretrial diversion program.
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July 03, 2024
Giuliani Creditors Say Conversion Motion 'Just Games'
A New York bankruptcy judge will hear arguments next week over whether to convert Rudy Giuliani's Chapter 11 to a liquidation, a move his creditors denounced as gamesmanship with the bankruptcy system.
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July 03, 2024
FCC Relying On Iffy Broadband Marketing Data, Co-Ops Say
Rural broadband providers are telling the Federal Communications Commission that more changes are needed for the agency's national broadband maps to accurately determine where federal funding would have the biggest impact in building out network infrastructure in hard-to-reach areas.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 03, 2024
Berkeley Research Group Hires Aprio Partner
Berkeley Research Group, the expert services and consulting firm, has hired a new director in its government contracts practice who recently joined the firm in Washington, D.C., according to a recent announcement.
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July 03, 2024
Biden's New Picks Include NC Solicitor General For 4th Circ.
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
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July 02, 2024
Immigration Attys Cautiously Optimistic After Chevron Ruling
The U.S. Supreme Court's ruling that courts no longer have to defer to federal agencies' interpretations of ambiguous statutes could help some immigrants fight removal orders while serving as a buffer against partisan challenges to executive immigration actions.
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July 02, 2024
IT Workers Say Chevron's End Dooms Spouse Work Permits
Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.
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July 02, 2024
Tribal Nations Want In On Red States' Water Rule Dispute
Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.
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July 02, 2024
Apple Says It's Too Early For Discovery In DOJ Antitrust Case
There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.
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July 02, 2024
Wash. Court OKs Anti-Masker's School Recall Sanctions
Washington appellate judges said Tuesday an Evergreen State man waited too long to appeal $30,000 in sanctions and ruled the trial court was justified in pinning most of the blame on him — instead of his attorneys — for filing baseless recall petitions to dissuade school board members from complying with a state COVID-19 mask mandate.
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July 02, 2024
Chamber, Pharma Slam Colorado Drug Price Controls
The U.S. Chamber of Commerce and a prominent pharmaceutical industry group have urged a Colorado federal court to bar a state review board from setting price controls on prescription drugs, arguing that the practice is "irreconcilable" with federal patent law.
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July 02, 2024
Ga. Justices Say COVID Order Tolls Med Mal Repose Statute
The Georgia Supreme Court on Tuesday said that a judicial emergency order handed down during the COVID-19 pandemic can be used to toll the state's five-year medical malpractice statute of repose.
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July 02, 2024
Charter Justified Firing Of Lactating Worker, 10th Circ. Says
A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.
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July 02, 2024
'Idle' Ga. Election Officials Holding Up Suit, Judge Told
Lawyers for an array of plaintiffs challenging portions of Georgia's 2021 election overhaul law attempted with one hand to convince a federal judge Tuesday not to scuttle their claims before a trial, while with the other urged the court to put the suit on ice until "dysfunctional" elections officials get their act together.
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July 02, 2024
4th Circ. Won't Rethink Google Ad Subpoena Decision
The Fourth Circuit denied a request on Tuesday to reconsider its ruling finding that a South Carolina agency must respond to Google's document request for a case accusing the tech giant of monopolizing key digital advertising technology.
Expert Analysis
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Kansas Workers' Comp. Updates Can Benefit Labor, Business
While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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What Lies Behind Diverging US And UK Insolvency Trends
Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.
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Liquidity Risk Management Tops NCUA Exam Priorities
As credit unions map their regulatory initiatives and audit plans, they should look to the National Credit Union Administration’s annual supervisory priorities, which include five important examination areas, including liquidity management and interest rate risk, say Juan Arciniegas and Judy Chen at Chapman and Cutler.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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Regulating Resurrected Species Under The ESA
As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.
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A Look At FERC's Plan To End Reactive Power Compensation
A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.
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How FTC's Noncompete Rule May Affect Exec Comp Packages
In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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5 Takeaways From FDA's Biosimilars Promotion Guidance
New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.