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Public Policy
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July 15, 2024
EEOC Commissioner Sonderling To Depart Agency
EEOC Commissioner Keith Sonderling announced Monday he will leave the agency in August when his term ends, wrapping up a seven-year tenure with the federal government to return to the private sector.
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July 15, 2024
Trump Classified Docs Case Canned Over Special Counsel Law
A Florida federal judge on Monday tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, ruling that the appointment of a special prosecutor for the case is unconstitutional.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
House GOP Wants Push For Special Counsel Tapes Sped Up
U.S. House Judiciary Committee Republicans asked a D.C. federal judge on Friday to order U.S. Attorney General Merrick Garland to hand over audiotapes of President Joe Biden's and his ghostwriter's interviews with special counsel Robert Hur in Biden's classified documents investigation, saying "the clock on the 118th Congress [is] ticking."
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July 12, 2024
Mississippi Judge Benches Favre's NY Atty In Fraud Suit
A Mississippi judge found Thursday that retired quarterback Brett Favre's New York-based defense attorney in a massive welfare fraud lawsuit routinely violated the state's civil procedure codes and barred him and other non-local counsel from making any more filings.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
DHS Says Recent High Court Rulings Doom CBP App Claims
The U.S. Department of Homeland Security said Friday that a pair of recent U.S. Supreme Court rulings addressing the issue of standing mean that two organizations lack the standing to challenge its requirement that migrants use a smartphone app to submit applications.
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July 12, 2024
NC Justices Asked To Take Up 'Double Odor' Pot Test Appeal
Police should not be able to establish probable cause to search a vehicle based on the smell of cannabis and a perceived "cover scent," such as cologne, according to a petition filed to the North Carolina Supreme Court which described this kind of conduct as a "stealthy encroachment" on constitutional rights.
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July 12, 2024
FirstEnergy Denied 6th Circ. Appeal In Doc Dispute
Scandal-plagued utility company FirstEnergy Corp. lost another attempt to shield internal investigation documents from a class of investors as well as its former CEO on Friday when an Ohio federal judge denied the company's request to appeal the dispute to the Sixth Circuit on a "logically fallacious" premise.
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July 12, 2024
Texas Courts Block Protections For Transgender Students
Two Texas federal judges have blocked the U.S. Department of Education from enforcing protections for transgender students in Lone Star State schools while lawsuits against the rules are litigated, with one judge saying the measures provide "extra privileges to the transgender student based on subjective feelings of discomfort."
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July 12, 2024
Red State AGs Slam SEC 'Overreach' In Crypto Co. Challenge
Seven Republican state attorneys general have told a Texas federal judge that the U.S. Securities and Exchange Commission's alleged crypto policy of "rulemaking by district court enforcement action" threatens their ability to protect consumers as the court weighs a yet-to-launch crypto exchange's preemptive challenge to the securities regulator.
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July 12, 2024
FCC Says Rural Areas Get New Funds After Charter Defaults
Charter is going to be dropping some of the Rural Digital Opportunity Fund census blocks it took responsibility for and taking the fines that come with doing so, according to the FCC, which says the good news is that those blocks are now open for more federal funding for another provider.
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July 12, 2024
CFPB Takes Its 5th Circ. Lumps To Advance Late Fee Rule Suit
The Consumer Financial Protection Bureau has told the Fifth Circuit that it won't appeal a three-judge panel's decision forcing it defend its $8 credit card late fee rule in Texas rather than Washington, D.C., a move that could expedite the agency's efforts to free the rule from a lower-court injunction.
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July 12, 2024
Texas DA Tells 5th Circ. He's Immune In Border Law Fight
Texas District Attorney Bill Hicks told the Fifth Circuit its June decision finding another district attorney immune from a suit over changes to the state's election code means he should be shielded from a challenge to the Lone Star State's migrant arrest law.
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July 12, 2024
DC Circ. Upholds FCC Approval Of SpaceX Satellite Plan
A D.C. Circuit panel Friday affirmed a Federal Communications Commission license authorizing SpaceX to deploy thousands of its Starlink satellites, rejecting challenges from satellite TV provider Dish Network LLC and advocacy group DarkSky International.
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July 12, 2024
MoneyLion Cites High Court Rulings In Bid To Toss CFPB Suit
MoneyLion Technologies Inc. told a New York federal judge on Friday that two recent U.S. Supreme Court rulings, including the reversal of the so-called Chevron deference doctrine, support the challenge to military lending regulations it is accused of violating in a lawsuit by the Consumer Financial Protection Bureau.
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July 12, 2024
Colo. Prisoners Seek Class Cert. In Slave Labor Suit
A pair of Colorado prisoners have asked a state judge to grant class certification for their suit alleging the state is illegally using them for slave labor, detailing their experiences of punishment like extensive isolation for refusing to work.
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July 12, 2024
Feds Join Voting Rights Suit Over Georgia Election Law
The federal government has joined a suit against Georgia officials over their 2021 voting law after a federal judge allowed it to intervene in wide-ranging litigation against the measure, saying state lawmakers intend to deny Black Georgians and other people of color the right to vote because of their race.
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July 12, 2024
Texas Lethal Injections Criminal Matter, Says Appeals Court
A split Texas appeals court panel found that a state district court should have dismissed two death row inmates' suit because it did not have jurisdiction, with the majority saying Friday that any case seeking an injunction that could stay an execution falls under the jurisdiction of criminal courts.
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July 12, 2024
Texas Panel Revives Woman's Acupuncture Burn Suit
A Texas court of appeals revived a suit accusing an acupuncturist of providing negligent suction cup treatment that left a woman with second-degree burns, finding the woman should be provided additional time to fix her deficient medical expert report.
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July 12, 2024
Tire Cos. Can't Pause Fish-Harming Chemical Suit
A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."
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July 12, 2024
Menendez Bribery Case Goes To Jury
A Manhattan jury began deliberating Friday over bribery and other charges against Sen. Robert Menendez and two New Jersey businessmen after hearing hours of instructions in the 18-count case and eating their final lunch with five alternates.
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July 12, 2024
Guo Trial Juror Booted For Googling Fugitive Co-Defendant
The jury in Chinese dissident Miles Guo's $1 billion fraud and racketeering case was forced to restart its verdict deliberations on Friday after a juror was cut loose for Google-searching Guo's fugitive financial adviser and co-defendant William Je.
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July 12, 2024
Conn. Justices Say Town Can Tax Hospital's Property
Personal property of a Connecticut hospital owned by Hartford HealthCare is taxable, the state Supreme Court said Friday, reversing a trial court opinion and ruling that Hartford's acquisition of the hospital negated a tax exemption for charitable entities.
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July 12, 2024
Giuliani's Ch. 11 Tossed Over Lack Of Financial Candor
Rudolph W. Giuliani, former mayor of New York City and legal adviser to Donald Trump, had his Chapter 11 case dismissed Friday by a New York bankruptcy judge, who found that Giuliani's missing financial disclosure made ending the proceedings the best option for creditors.
Expert Analysis
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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Exploring Alternatives To Noncompetes Ahead Of FTC Ban
Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.
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Parsing Controversial Del. General Corporation Law Proposals
In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.
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A Look At US-EU Consumer Finance Talks' Slow First Steps
The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.