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Public Policy
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July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
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July 01, 2024
Giuliani Wants Bankruptcy Converted To Allow For Liquidation
Rudy Giuliani on Monday asked a New York federal bankruptcy judge to convert his voluntary Chapter 11 bankruptcy to a Chapter 7 proceeding, which would allow him to liquidate his assets to pay his debts.
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July 01, 2024
Trump Seeks To Vacate NY Verdict, Citing Immunity Decision
Former President Donald Trump's attorneys asked the New York state judge overseeing his hush money case to delay sentencing and consider setting aside the jury's guilty verdict in the wake of the U.S. Supreme Court's ruling on presidential immunity Monday.
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July 01, 2024
Red States Get Biden Admin's LNG Export Pause Halted
A Louisiana federal judge Monday stayed the Biden administration's pause on reviewing applications to export liquified natural gas to countries without free trade agreements, slamming the U.S. Department of Energy's decision as appearing to be "completely without reason or logic and is perhaps the epiphany of ideocracy."
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July 01, 2024
What To Know: The High Court's Ruling On Social Media Regs
Rather than settling a circuit split over state laws curbing content moderation on the largest social media platforms, the U.S. Supreme Court on Monday remanded the cases — a decision many attorneys and First Amendment experts are viewing as a win for free speech online.
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July 01, 2024
Menendez's Sister Testifies Storing Cash Was Family Practice
An older sister of Sen. Robert Menendez who fled Cuba with their parents testified at the lawmaker's bribery trial on Monday that storing cash at home was a practice instilled by their father because of his deep distrust of banks.
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July 01, 2024
SEC's High Court Loss May Sting For Banking Enforcement
The U.S. Supreme Court's latest rebuke to the U.S. Securities and Exchange Commission is poised to complicate enforcement for the federal banking agencies, providing new ammunition for challenges to the validity of their administrative proceedings, attorneys say.
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July 01, 2024
High Court Test Could Reshape Ga. Trump Case, Experts Say
The U.S. Supreme Court's ruling that former President Donald Trump is immune from prosecution for official acts will likely reshape the criminal case against him in Georgia, although Peach State courts will have to grapple with how to test which of his alleged actions were official.
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July 01, 2024
TCPA Needs Update To Fight Scam Texts, FCC Chair Says
If Congress wants the Federal Communications Commission to do more about scam texts, it should consider updating the Telephone Consumer Protection Act for the first time in more than 30 years to account for the changing times, the head of the agency has told members of the House.
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July 01, 2024
FCC Urged To Delay Broadcast Reporting Rule During Lawsuit
Religious broadcasters and advocacy groups are urging the Federal Communications Commission to halt collection of workforce race and gender demographics at television and radio broadcasters while a challenge to a reinstated rule proceeds in the Fifth Circuit.
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July 01, 2024
Washington State, Tribes Can Wade Into Water Regs Dispute
A D.C. federal judge said Washington state and five Native American tribes can intervene in a business group's lawsuit trying to overturn the U.S. Environmental Protection Agency's decision to reestablish water quality standards for the Evergreen State that it had rolled back during the Trump administration.
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July 01, 2024
Juror Didn't Taint Trial Before Removal, Colo. Justices Say
The Colorado Supreme Court said Monday that a trial judge's rejection of a Black defendant's challenge to a juror for alleged racial bias did not infringe on the defendant's rights, according to a majority decision that concluded the error was harmless because the juror was ultimately sent home.
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July 01, 2024
Judge Partially Ends Flores Deal For Detained Migrant Kids
A California federal judge has partially terminated the long-running Flores settlement governing detention conditions for immigrant children, giving the federal government the green light to partly replace the settlement with an April regulation.
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July 01, 2024
CFPB, Loan Trusts Push Back On PIMCO Deal Objections
The U.S. Consumer Financial Protection Bureau and multiple student loan trusts have urged a Pennsylvania federal judge to ignore objections from investment giant PIMCO to a proposed $5 million settlement of claims tied to alleged servicing violations by Pennsylvania's Higher Education Assistance Agency.
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July 01, 2024
Could Trump Get Jail In NY? We Dug Into 10 Years Of Data
Donald Trump could well be sentenced to a prison term after a New York state jury found him guilty on 34 felony counts, according to criminal justice data showing that many New York defendants convicted of those crimes face incarceration.
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July 01, 2024
IRS Faces Rulemaking Pressure Following Chevron's Demise
The Internal Revenue Service will likely face more pressure to develop tax regulations that are more firmly grounded in the law and tailored to ensure certainty for individuals, businesses and other organizations after the U.S. Supreme Court's landmark decision to overturn the decades-old Chevron doctrine.
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July 01, 2024
No Resolution In Sight For Trade Pact Auto Rules Dispute
The U.S. automotive industry is weighed down by a trade dispute over treaty requirements to source locally manufactured parts and uncertainty regarding how the rules will apply to electric vehicles, the Office of the U.S. Trade Representative said in a report Monday.
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July 01, 2024
Colo. Justices To Mull If Xcel Is Immune From Injury Suits
Colorado's justices announced Monday that they will consider whether a state-approved utility tariff governing Xcel's relationship with its customers can immunize the company from lawsuits about powerline injuries, including those brought by noncustomers.
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July 01, 2024
Ill., Northshore Say Anti-Vax Case Not About Religious Liberty
A nurse working for a Northshore Health unit in Illinois should be permanently blocked from pursuing employment deprivation claims over her initial denial of a COVD-19 religious vaccine exemption, the health facility said, arguing she is using a state conscience law as a "sword" against COVID-19 protections.
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July 01, 2024
School Supply Co. Seeks Duty Erasure For Pencil Imports
A classroom supplies company urged the U.S. Court of International Trade to free its pencil imports from an anti-dumping duty on Chinese goods, saying U.S. trade officials mistakenly broadened the duty to include pencils made in the Philippines.
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July 01, 2024
How Broad Immunity Could Upend Trump's 4 Criminal Cases
The U.S. Supreme Court's landmark decision Monday that presidential immunity shields Donald Trump from criminal charges connected to his official acts creates a "nearly impossible burden" for the special counsel prosecuting Trump in the historic federal election interference case and complicates his other criminal matters, experts say.
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July 01, 2024
RNC, Arizona Lawmakers Can't Pause Voting Rights Order
The Republican National Committee and two top Arizona lawmakers can't pause a decision that bars provisions of voting legislation from being enforced pending an appeal to the Ninth Circuit, an Arizona federal judge said Friday, while also determining that the state's Republican Party can't weigh in on the dispute.
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July 01, 2024
4th Circ. Hikes Damages In 'Unite The Right' Rally Suit
The Fourth Circuit ruled Monday that Virginia's punitive damages cap must be applied on a per-plaintiff basis, reversing a federal district court ruling that had limited a nearly $24 million verdict against white supremacists accused of planning violence at the 2017 "Unite the Right" rally to a total of $350,000.
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July 01, 2024
Court Tosses Constitutional Challenge To Pot Prohibition
A Massachusetts federal judge on Monday granted the U.S. Department of Justice's bid to dismiss a constitutional challenge to federal marijuana prohibition, delivering a blow to an effort brought by a group of cannabis companies represented by litigator David Boies.
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July 01, 2024
Enforcers Push Antitrust Agenda, Brace For Google Ruling
The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.
Expert Analysis
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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How Generative AI May Aid Merger Clearance Process
Generative artificial intelligence capable of analyzing and searching large datasets stands to revolutionize the merger clearance process, including by significantly reducing the time and effort required to respond to Hart-Scott-Rodino second requests, say Kenneth Koch and Brian Blush at BDO USA.
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Proposed Customer ID Rule Could Cost Investment Advisers
A rule recently proposed by FinCEN and the U.S. Securities and Exchange Commission to make financial advisers collect more customer information parallels an anti-money laundering and counterterrorism rule proposed this spring, but firms may face new compliance costs when implementing these screening programs, say attorneys at Lowenstein Sandler.
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What Passage Of House Crypto Bill Could Mean For Industry
While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.
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4 Important Events In Bank Regulation: A Midyear Review
The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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How Cannabis Rescheduling May Affect Current Operators
The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.