Public Policy

  • November 14, 2024

    Student Loan Servicer Wants CFPB Deal Paused Amid Appeal

    The Pennsylvania Higher Education Assistance Agency has asked a Pennsylvania federal judge to pause its obligation to pay more than $3.2 million as a part of a settlement with the Consumer Financial Protection Bureau that is being challenged in the Third Circuit by a third party.

  • November 14, 2024

    Florida AG Says FEMA Failed Trump Supporters After Storms

    The Florida Attorney General's Office announced Thursday it has launched a federal lawsuit against the Federal Emergency Management Agency's administrator and a fired agency official over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of President-elect Donald Trump.

  • November 14, 2024

    Trade Groups Back Red States In EPA Water Rule Dispute

    A slew of trade groups have joined a dozen red states in urging a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring all states in the nation to consider tribal treaty rights when they set their water quality standards.

  • November 14, 2024

    Biden Admin Backs Controversial Alaskan Land Swap, Road

    The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.

  • November 14, 2024

    5th Circ. Judge Pummels Judicial Integrity Critics

    Fifth Circuit Judge Edith H. Jones co-opted a panel discussion Thursday to denounce the rise in criticism over purported judge shopping, especially in relation to Texas judges who handled a large portion of lawsuits challenging Biden administration policies, and called on legal groups to do more to defend the judiciary's integrity.

  • November 14, 2024

    CFPB Orders Prison Telecom, Payment Provider To Pay $3M

    The Consumer Financial Protection Bureau announced Thursday it has instructed one of the largest prison service providers to pay $3 million to settle claims tied to the company's money transfer and telecommunications businesses, including a claim alleging it froze and drained incarcerated individuals' accounts.

  • November 14, 2024

    Split 5th Circ. Axes Student's Bias Suit Over Right-Wing Beliefs

    An equally divided en banc Fifth Circuit on Thursday refused to revive a high school student's race discrimination suit against his Texas school district, finding that most of the bullying the student allegedly experienced was based on his support of President-elect Donald Trump and conservative viewpoints, not his race.

  • November 14, 2024

    DOD Wants Contractors To Report Foreign Code Sharing

    The U.S. Department of Defense issued a proposed rule on Thursday requiring technology and weapons vendors to reveal whether they share source code with foreign governments, in an effort to curb potential cybersecurity risks.

  • November 14, 2024

    Crypto And Private Fund Groups Push SEC On Dealer Rule

    Crypto industry groups and private fund associations tag-teamed the U.S. Securities and Exchange Commission on Thursday during a hearing over two cases relating to the agency's expanded definition of securities dealers, telling a Texas federal court that the new rule marked a dramatic overreach by the regulator.

  • November 14, 2024

    Judge Floats Musk Hypo As AT&T Exec Seeks Acquittal

    An Illinois federal judge posed a hypothetical to federal prosecutors Thursday asking whether it would be a bribery violation if Elon Musk donated heavily to support a presidential candidate who would likely reward him if he wins, as he weighs a former AT&T executive's attempt to avoid a retrial on charges he bribed ex-Illinois House Speaker Michael Madigan.

  • November 14, 2024

    FCC Extends Freeze On Rate Of Return Carrier Cost Rules

    A long-running freeze on a wireline cost allocation regime has been extended by the Federal Communications Commission for another six years, with the agency saying that it's finally time to explore making the fix permanent after nearly a quarter century of temporary freezes.

  • November 14, 2024

    Biden's Final Options To Fortify Immigration System

    The incoming Trump administration, poised to cull legal immigration programs, has immigration advocates hoping President Joe Biden will act quickly to extend work permits, firm up proposed changes to the H-1B visa program, and otherwise fortify the system against future changes.

  • November 14, 2024

    NYC Speeds Away From Taxi Drivers' RICO Claim

    New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."

  • November 14, 2024

    AT&T Questions FCC's Legal Authority Over 'Unlocking' Rule

    AT&T has told the Federal Communications Commission that its proposal requiring mobile providers to unlock a customer's device within 60 days of signing up won't stand up in court.

  • November 14, 2024

    Wash. Justices Seem Split On Cannabis Co. Wage Suit

    The Washington State Supreme Court wrestled Thursday with whether the state labor department jumped the gun on filing an unpaid-wages suit against a marijuana company, with one justice questioning if the department exceeded its powers and another expressing concern that lax enforcement would allow companies to skip payments for years.

  • November 14, 2024

    All Merger Fixes 'Should Be On Table,' FTC's Holyoak Says

    One of the Federal Trade Commission's Republican members on Thursday signaled a significant softening of the Biden era's tough stance against merger remedies meant to fix otherwise problematic mergers is likely once the GOP takes the majority at the agency.

  • November 14, 2024

    FTC's Holyoak Says New Comment Portal Shows Merger Bias

    Federal Trade Commissioner Melissa Holyoak said Thursday the design of a new portal allowing the public to comment on pending deals shows signs of the current leadership's view that all mergers are bad.

  • November 14, 2024

    Senate Panel Delays Votes On Patent Eligibility And PTAB Bills

    The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.

  • November 14, 2024

    Split 5th Circ. Affirms SEC's Kroger Proxy Decision

    A divided Fifth Circuit on Thursday rejected a "purely theoretical" challenge brought by conservative shareholders unhappy that the U.S. Securities and Exchange Commission greenlighted the exclusion of a shareholder proposal from Kroger Co.'s 2023 ballot, noting that the case was moot since the company authorized a vote on the proposal anyway.

  • November 14, 2024

    EEOC Says Texas, Think Tank Can't Scrap Bostock Guidance

    The U.S. Equal Employment Opportunity Commission urged a federal court to shoot down Texas' challenge to workplace harassment guidance the agency issued based on the U.S. Supreme Court's Bostock decision, arguing the state failed to demonstrate that the guidelines had caused them any harm.

  • November 14, 2024

    Emergency Medical Providers Oppose $2.8B BCBS Deal

    A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.

  • November 14, 2024

    Red State AGs Sue SEC Over Crypto Policy

    A coalition of 18 Republican attorneys general led by Kentucky sued the U.S. Securities and Exchange Commission on Thursday for allegedly treading on the states' authority through a "regulatory landgrab" into the cryptocurrency industry.

  • November 14, 2024

    Webex 'Disrupters' Posing As Colo. Judges Force Tech Swap

    Colorado's chief justice said Thursday that a growth in "digital court disrupters" has prompted the state judicial department to start looking for a new software platform for hosting online court hearings, saying bad actors had started posing as justices to gain admittance to virtual courtrooms.

  • November 14, 2024

    Broadband Groups See Ally In Incoming GOP Leader Thune

    Telecom industry groups view the Senate's next majority leader, Sen. John Thune, R-S.D., as keenly interested in the sector's needs, but it's not yet clear what his selection could mean for specific critical issues like building out rural internet service and removing barriers to broadband deployment.

  • November 14, 2024

    NY Gov. Brings Back Manhattan Congestion Pricing Plan

    The resurrection of New York City's plan to charge all vehicles a fee for entering Manhattan's busiest corridor demonstrates a mad dash in the final months of the Biden administration to expedite infrastructure projects perceived as political lightning rods before President-elect Donald Trump takes office.

Expert Analysis

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • The Trade And Tax Issues Behind US-Canada Digital Tax Clash

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    The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Series

    Colorado Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.

  • Building US-Japan Relationships In The M&A Market

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    The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Look At How De Minimis Import Rules May Soon Change

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    The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • What's In The Cards For CFTC's Election Betting Case

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    A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.

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