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Public Policy
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September 25, 2024
Wyden Calls On 2025 Tax Bill To Include Partnership Reform
Lawmakers should consider next year how to revise partnership tax laws to better collect on large businesses' income without harming smaller entities as Congress debates over how to address expiring tax provisions, Senate Finance Committee Chairman Ron Wyden said Wednesday.
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September 25, 2024
Ex-NY Congressman Argues He Can Be A Fair Federal Judge
President Joe Biden's nominee for the Northern District of New York told lawmakers on Wednesday that his previous stint as a member of the U.S. House of Representatives won't impact his role as an objective federal judge.
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September 25, 2024
US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
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September 24, 2024
Bank Regulators, SEC Face GOP Inquiry Over Crypto Bulletin
House Republicans have called for the Federal Reserve and other agencies to turn over a host of documents for what the lawmakers say is an inquiry into the origins and behind-the-scenes policymaking impact of the U.S. Securities and Exchange Commission's cryptocurrency accounting guidance.
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September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
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September 24, 2024
Cat In The Hat, 'Trashy' Books Mulled In Redo Of Library Row
The full Fifth Circuit on Tuesday pressed a group of library patrons on whether Texas libraries already routinely engage in viewpoint discrimination through the process of weeding out outdated or unpopular library books during a lengthy discussion of hypotheticals surrounding The Cat in the Hat and the books that 19th-century Americans considered "trashy."
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September 24, 2024
3 Takeaways From Gensler's Big Day Before The House
U.S. Securities and Exchange Commission Chair Gary Gensler appeared before the U.S. House of Representative for potentially the last time on Tuesday, where he stuck up for his agency's actions in the crypto space and hinted at the possible revival of share buyback rules.
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September 24, 2024
DC Judge Rebuffs Trump's Bid To Delay Immunity Briefing
The District of Columbia federal judge overseeing the election interference case against former President Donald Trump on Tuesday shot down his "new and sundry" efforts to push back briefing on the issue of presidential immunity, allowing the government to file a lengthy brief on the issue and remarking that this "is simply how litigation works."
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September 24, 2024
Calif. Gov.'s Emergency Hemp Intoxicant Ban Wins Approval
California retailers are no longer allowed to sell hemp products containing tetrahydrocannabinol after the Golden State's Office of Administrative Law on Monday approved Gov. Gavin Newsom's emergency ban, a move a leading hemp trade group has vowed to challenge.
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September 24, 2024
Red States Back Florida In CWA Permit Program Fight
Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.
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September 24, 2024
Eighth Circ. Poised To Weigh FCC's Anti-Redlining Rule
The Federal Communications Commission is headed to court in St. Louis this week to defend new rules aimed at preventing discrimination in broadband deployment as industry groups opposing the rules fret that enforcement could begin any time.
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September 24, 2024
Texas Fair Gun Ban Stands, State Appeals Court Says
A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.
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September 24, 2024
Google Expert Targets DOJ's Ad Tech 'Mistakes And Omissions'
A Nobel Economics Prize-winning auctions expert on Tuesday criticized the U.S. Justice Department's monopolization case targeting Google's online advertising placement technology, telling a Virginia federal court that it was based on a fundamental misunderstanding of how the allegedly harmful auctions work.
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September 24, 2024
Cox Sues RI Over Use Of Broadband Deployment Dollars
Cox Communications is suing the state of Rhode Island over its plan for using federal Broadband, Equity, Access and Deployment Program funding, saying in a new complaint that the plan uses "flawed internet speed data" to justify providing redundant high-speed service in affluent areas that are already well-connected.
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September 24, 2024
DC Circ. Open To Industry Challenge To TSCA Reporting Rule
A D.C. Circuit panel on Tuesday seemed receptive to two trade associations' challenge to new federal regulations aimed at increasing Toxic Substances Control Act transparency, pressing the U.S. Environmental Protection Agency on a facet of the rule that opponents say would lead confidential chemical information to be divulged.
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September 24, 2024
Neb. Advocates Bash Effort To Upend Medical Cannabis Vote
Marijuana advocates are urging a Nebraska state judge to toss a lawsuit aiming to block state residents from voting on measures that could legalize medical cannabis and establish a state regulatory system, calling the suit a baseless attack on the "integrity, credibility, and accuracy of Nebraska's election officials."
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September 24, 2024
1st Circ. Affirms Tossing Of IRS Crypto Doc Seizure Case
A New Hampshire federal court correctly dismissed a bitcoin investor's claim that the IRS violated his privacy and property rights when it seized his records from the cryptocurrency exchange Coinbase, the First Circuit ruled Tuesday, agreeing that he lacked a reasonable expectation that his account information would be kept private.
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September 24, 2024
Conn. Officials Want Nursing School Students' Claims Nixed
Pointing to the state's interests in regulating professions and the principle of sovereign immunity, Connecticut officials accused of "overreach" for withholding licenses from students at a shuttered nursing school say a federal judge must dismiss proposed class claims by affected students.
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September 24, 2024
Texas AG, County Officials Spar Over Voter Registration Suits
Texas Attorney General Ken Paxton is urging a federal judge to send his lawsuits challenging two counties' voter registration initiatives back to state courts, emphasizing that his office has learned one county sent an unsolicited registration application to a person who died more than 40 years ago.
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September 24, 2024
Novo Nordisk Tells Sens. Ozempic Costs Are Linked To PBMs
Novo Nordisk's CEO argued Tuesday that the high prices of the company's diabetes and weight loss drugs Ozempic and Wegovy primarily stem from the actions of pharmacy benefit managers, earning support from many members of a Senate committee and frustrating others who wanted more direct answers on the Danish drugmaker's own responsibilities.
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September 24, 2024
NLRB Office Signs Off On Near $450K Deal With Musk Brother
A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.
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September 24, 2024
Dish Owner Tells FCC Device Unlocking Good For Competition
Dish and its parent company EchoStar are leaning on the Federal Communications Commission to finalize requirements that mobile providers unlock a customer's device within 60 days of them signing up, so they can change carriers if they want.
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September 24, 2024
Justices' Immunity Ruling Could Foil Trump Charges, Sens. Told
The U.S. Supreme Court's prohibition on judges considering a former president's motive when deciding if an act is official and therefore protected from criminal prosecution may present one of the biggest roadblocks in the criminal cases filed against Donald Trump, a former U.S. Department of Justice attorney told lawmakers Tuesday.
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September 24, 2024
Mich. Justices Wonder If Pot Smell's Strength Justifies Search
Michigan's Supreme Court asked Tuesday whether a whiff of marijuana can justify searching a vehicle now that the drug is legal in the state, with one justice claiming his nose can distinguish between stale smells and more recent use, which could indicate impaired driving or illicit public consumption.
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September 24, 2024
Ala. Can Enforce Own Interstate Clean Air Plan, 11th Circ. Told
Alabama told an Eleventh Circuit panel Tuesday that the U.S. Environmental Protection Agency overstepped its authority when denying the state's plan to implement rules limiting harmful interstate emissions under the Clean Air Act, saying the law gives states the "primary" authority to combat air pollution.
Expert Analysis
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Tips For Tax Equity-Tax Credit Transfers That Pass IRS Muster
Although the Internal Revenue Service has increased its scrutiny of complex partnership structures, which must demonstrate their economic substance and business purpose, recent cases and IRS guidance together provide a reliable road map for creating legitimate tax equity structures, say Ian Boccaccio and Michael Messina at Ryan Tax.
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How Cos. With Chinese Suppliers Should Prep For Biotech Bill
A proposed bill to prohibit government-affiliated life sciences companies from contracting with Chinese biotech companies of concern may necessitate switching to other sources for research and supplies, meaning they should begin evaluating supply chains now due to the long lead times of drug development, say John O'Loughlin and Christina Carone at Weil Gotshal.
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Opinion
Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule
Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.
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Inside OCC's Retail Nondeposit Investment Products Refresh
In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.