Public Policy

  • December 20, 2024

    Year In Review: The Biggest Trade Policy Moves Of 2024

    The final year of the Biden administration saw trade policy kept on the back burner, particularly as campaign season ramped up, but nevertheless 2024 yielded a number of White House moves on tariffs, enforcement and negotiations that kept attorneys at attention. Here, Law360 walks you through the most noteworthy trade policy developments of the past 12 months.

  • December 20, 2024

    CFPB Sues BofA, Wells Fargo, JPMorgan Over Zelle Fraud

    The Consumer Financial Protection Bureau sued Bank of America, JPMorgan Chase and Wells Fargo on Friday, alleging their customers have lost more than $870 million through a "massive scale" of fraud on the payment network Zelle while the banks turned a blind eye.

  • December 19, 2024

    Monsanto PCB Trial Groups Can Grow, Wash. Judge Says

    A Washington state judge laid out a plan on Wednesday to consolidate a series of alleged chemical poisoning cases pending against Monsanto in connection to an Evergreen State school, largely rejecting the company's arguments that it would be prejudiced if plaintiffs merged into larger trial groups.

  • December 19, 2024

    Uber Sues Seattle Over Courier Account Deactivation Law

    A Seattle ordinance aimed at preventing app-based workers from being unfairly deactivated from apps they use poses "grave constitutional problems," Uber alleged in a suit filed Wednesday in Washington federal court, saying the local law forces the transportation company to express views inconsistent with how it approaches privacy and safety.

  • December 19, 2024

    DOJ Targets Groups' Standing In Asylum Limits Fight

    The U.S. Department of Justice told a federal judge immigrant rights groups don't have standing to challenge asylum restrictions enacted for the southern border based on claims that they prevent the groups from serving asylum seekers.

  • December 19, 2024

    Atkins-Tied Crypto Group Lays Out Its Priorities For New SEC

    Crypto industry group The Digital Chamber, which counts U.S. Securities and Exchange Commission chair nominee Paul Atkins as an advisory board member, has urged the Wall Street regulator to "reset its historically troubled relationship" with the crypto industry by rolling back certain rule proposals and resolving non-fraud suits against crypto firms soon after President-elect Donald Trump takes office next year.

  • December 19, 2024

    Feds Fight Calif. Tribe's Bid To Block Casino Trust Order

    The federal government is fighting a bid by a California tribe to block the U.S. Department of the Interior from approving a casino project on its historic homelands, arguing that it has not yet identified any irreparable harm that would justify a temporary restraining order.

  • December 19, 2024

    PhRMA Wins Bid To Halt W.Va. Drug Discount Expansion Law

    The country's biggest pharmaceutical lobbying group has won preliminary injunctions against a West Virginia law that the Pharmaceutical Research and Manufacturers of America claims unconstitutionally expands a federal drug discount program, with a federal judge finding that the law threatens to create a situation where "the fox guards the henhouse."

  • December 19, 2024

    FTC Says PBMs Can't Get Preliminary Block In Insulin Case

    The Federal Trade Commission urged a Missouri federal judge Thursday not to temporarily block its in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, arguing Congress clearly empowered such in-house adjudications and the officials who handle them.

  • December 19, 2024

    Groups Say CARB Fuel Program Will Spur Environmental Harms

    Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.

  • December 19, 2024

    Bank Groups Seek Halt Of CFPB's $5 Overdraft Fee Rule

    Bank groups have asked a Mississippi federal judge to put an interim hold on the Consumer Financial Protection Bureau's new rule establishing a $5 overdraft fee cap at larger banks and credit unions, arguing that the agency is trying to unwind more than a half-century of regulatory interpretation at a great potential cost to the industry.

  • December 19, 2024

    New Jersey AG Can Run Paterson Police Dept. During Appeal

    The day after a New Jersey appellate panel ruled that state Attorney General Matthew J. Platkin's takeover of a Garden State police department was unlawful, state Supreme Court Chief Justice Stuart J. Rabner granted the prosecutor's bid to stay the decision temporarily and directed the parties to file briefs.

  • December 19, 2024

    Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes

    Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.

  • December 19, 2024

    4th Circ. Says Temporary BIA Judges Can Be Reappointed

    Judges can be temporarily appointed to the Board of Immigration Appeals for a term "not to exceed six months," but they can also be reappointed as many times as the attorney general sees fit, the Fourth Circuit has ruled in a case that challenges the seating of such a judge.

  • December 19, 2024

    FERC Chair Plays Coy On Impact Of LNG Export Study

    Willie Phillips, chairman of the Federal Energy Regulatory Commission, wouldn't say on Thursday how the agency would incorporate a recently released federal study on the economic and environmental effects of liquefied natural gas exports into its reviews of proposed export terminals, and cited limits on FERC's authority.

  • December 19, 2024

    Visa Sponsorship Form Needs Clarity, Ombudsman Says

    A U.S. Citizenship and Immigration Services watchdog is urging the agency to revise a form used to sponsor noncitizen relatives, saying it has caused confusion and imposed extra costs and delays on people trying to reunite with family members.

  • December 19, 2024

    House Rejects 3-Month Funding Bill Despite Trump Support

    The U.S. House of Representatives on Thursday rejected a three-month temporary funding deal that would have staved off a government shutdown and had been hastily introduced after President-elect Donald Trump criticized an earlier proposed continuing resolution.

  • December 19, 2024

    Bill Aimed At IHS Recruitment, Retention Heads To House

    A bill designed to make it easier for the Indian Health Service to recruit and retain medical workers is headed for the U.S. House of Representatives for consideration after easily passing the U.S. Senate this week.

  • December 19, 2024

    FCC Told No Way To Network-Level Scan Of Calls For AI

    Consumer advocacy groups have come together to tell the Federal Communications Commission that they hate spam calls as much as anyone else, but they can't support a plan that would allow calls to be scanned for artificial intelligence at the network level.

  • December 19, 2024

    $1.1B Diablo Canyon Award Challenge Meets Skeptical Judge

    A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.

  • December 19, 2024

    McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'

    McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.

  • December 19, 2024

    2nd Circ. Mulls Dormant Commerce Applicability To Marijuana

    A Second Circuit panel appeared conflicted Thursday on whether the dormant commerce clause applies to federally illegal marijuana and, if so, whether New York cannabis regulators still had an interest in ensuring that some cannabis licenses went to locals.

  • December 19, 2024

    Fed, OCC 'Asleep At Wheel' On Merger Policy, Warren Says

    Sen. Elizabeth Warren on Wednesday accused top federal bank regulators of blowing off calls for tougher merger scrutiny and leaving the financial system exposed to dangerous megadeals, blasting them as "asleep at the wheel" as the Capital One-Discover merger inched closer to approval.

  • December 19, 2024

    Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight

    A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.

  • December 19, 2024

    Generic-Drug Cos. Get State AGs' Trial Order Flipped

    A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.

Expert Analysis

  • Opinion

    How Trump Admin Should Address Indian Country Priorities

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    The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Preparing For More Limber Federal Supply Chain Oversight

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    Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.

  • A Look At SEC, CFTC's Record Year For Whistleblower Awards

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    Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.

  • Green Projects Face States' Foreign Land Ownership Limits

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    As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Marketing Messages Matter In State AG Consumer Protection

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    Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

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