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Public Policy
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August 21, 2024
Ohio Justice Pulls Appeals Judge Into Party Label Challenge
Ohio Court of Appeals Chief Judge Thomas J. Osowik is now ensnared in state Supreme Court Justice Jennifer Brunner's challenge to a state law requiring candidates for Ohio's appellate courts to list their political party affiliation on the ballot, appearing as a defendant in a retooled version of her complaint.
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August 21, 2024
City Health Administrator Says Firing Flouted Constitution
A former city of Bridgeport healthcare administrator says she learned via a one-page, hand-delivered letter at the close of business on April 1 that she was immediately losing her job, a move she says violated the 14th Amendment because she received neither a warning nor an opportunity for a hearing.
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August 21, 2024
Satanists Ask 1st Circ. To Rethink Boston's Prayer Scheme
A satanic temple wants the full First Circuit to rehear its suit seeking to participate in a blessing at Boston City Council meetings, arguing in a petition that the city's discriminatory prayer selection practice is straight out of a George Orwell novel.
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August 21, 2024
Alaska Seeks Pause In Mining Row Suit With EPA
The state of Alaska is calling on a district court judge to pause litigation accusing the U.S. Environmental Protection Agency of unlawfully prohibiting development of the Pebble mineral deposit in the southwestern region of the state, while the agency attempts to withhold documents from the public.
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August 21, 2024
Asylum Limits Litigation Remains In Settlement Talks
A pair of cases in the Ninth Circuit and D.C. federal court in which asylum-seekers are challenging a Biden administration rule limiting asylum at the southern border are still in the settlement-discussion stage.
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August 21, 2024
RI Pot Regulators Eye Dismissal Of Fla. Resident's Challenge
Rhode Island's marijuana regulator has asked a federal judge to toss a challenge brought by a Florida resident alleging the state's scheme for awarding retail cannabis licenses is unconstitutional, saying that process hasn't even been established yet.
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August 21, 2024
Nonprofit Can Step Into Ex-CFO's $40M Embezzlement Case
A Michigan federal judge said Tuesday that the Detroit Riverfront Conservancy can intervene in the federal government's embezzlement case against its former chief financial officer, who is alleged to have stolen $40 million from the nonprofit tasked with revamping Detroit's riverfront.
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August 21, 2024
Proptech Sector Stuck In The Doldrums, But Eyeing A Way Out
Hopes that the property technology sector would rebound in 2024 after a down year have not materialized so far — with a recent report showing funding has actually dropped further — but investment and technology professionals anticipate improvements soon and see the potential for major long-term growth.
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August 21, 2024
Ex-Venezuelan Oil Employee Pleads Guilty To Sanctions Plot
The former procurement head at Petróleos de Venezuela SA, Venezuela's state-owned oil company, pled guilty to conspiring to obtain millions of dollars' worth of U.S. aircraft parts for the business, in violation of U.S. sanctions.
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August 20, 2024
Feds Say Chevron Doesn't Change Auto Standards Litigation
The federal government told the D.C. Circuit that the U.S. Supreme Court's opinion axing federal agency deference doesn't aid Republican-led states' and industry's attempt to undermine tighter greenhouse gas emissions standards for vehicles.
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August 20, 2024
FDIC Challenged Over 'Kafkaesque' Enforcement Proceeding
A former small business financier battling Federal Deposit Insurance Corp. enforcement claims has asked a D.C. federal court to issue an emergency order staying the agency's "Kafkaesque" administrative proceeding against him, arguing that it deprives him of his constitutional right to a jury trial.
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August 20, 2024
DOJ, SD County Resolve Indigenous Voting Barrier Claims
The U.S. Department of Justice has secured an agreement with a South Dakota county and its officials to end the federal government's allegations that the municipality failed to make registration and early voting opportunities equally available to Native American voters.
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August 20, 2024
FCC Urged To Boost Middle-Mile Support For Alaska Telecoms
Alaskan telecoms are telling the Federal Communications Commission that their state needs special rules for middle-mile support, saying that Alaska's short construction season, roadless areas and other unique challenges mean that more support will be needed to achieve widespread connectivity.
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August 20, 2024
Ariz. Tribe Wins Pause Of Lithium Project Construction
An Arizona federal judge has granted the Hualapai Indian Tribe's bid for a temporary restraining order in its lawsuit seeking to halt U.S. government approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes.
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August 20, 2024
Don't Nix 'Band Manager' Approach In 4.9 GHz, FCC Told
Public interest groups have urged the Federal Communications Commission to preserve its original plan to use a national band manager to oversee a 4.9 gigahertz spectrum revamp rather than turning it over to FirstNet through a nationwide license.
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August 20, 2024
Colo. Justices To Hear Claims-Clock Debate In Xcel Death Suit
The Colorado Supreme Court said Monday it would hear an appeal by Xcel Energy and a city over whether the deadline for an accident victim's father to sue started when his daughter was hit by a car or when she died weeks later.
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August 20, 2024
USDOT Floats Vehicle-To-Everything Deployment Plan
The U.S. Department of Transportation is setting out an aspirational timeline for vehicle-to-everything infrastructure deployment, saying it wants to see the technology deployed on 50% of the nation's highways by 2031.
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August 20, 2024
New Fed Rule Will Help Tribes Sponsor Watershed Projects
The U.S. Department of Agriculture's Natural Resources Conservation Service said it has decided to amend its regulations for watershed projects, so Native American tribes and tribal groups can better carry out improvements for flood prevention and conservation.
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August 20, 2024
Ala. AG Can't Prosecute Aiding Abortion Travel, DOJ Says
The Alabama attorney general's threats of criminal prosecution against individuals and corporations who assist others in traveling to obtain lawful abortions out of state violates the constitutional right to travel, the U.S. Department of Justice told an Alabama federal judge in a court filing Monday.
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August 20, 2024
NC Panel Nixes Black Property Owners' Revived Bias Fight
A North Carolina state appeals court handed the city of Kinston a win Tuesday for a second time in a discrimination lawsuit that the state Supreme Court recently revived, finding that Black property owners' claims that the city unfairly demolished their properties aren't viable because they never completed an "adequate" administrative appeals process.
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August 20, 2024
SF Police Can't Sue Navy Over Toxic Shipyard, 9th Circ. Says
A group of San Francisco police officers cannot pursue their suit alleging the U.S. Navy misled the city into leasing a former naval shipyard that was not properly decontaminated following its use during the Cold War, which led to the officers suffering health problems, the Ninth Circuit ruled Tuesday.
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August 20, 2024
DHS Watchdog Says ICE Needs To Better Monitor Migrant Kids
The inspector general for the U.S. Department of Homeland Security has said the agency needs to better monitor the status and location of unaccompanied migrant children after their release from federal custody to better protect them.
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August 20, 2024
Amgen's Drug Price Suit An Issue For Legislature, Judge Told
A Colorado nonprofit that advocates for the poor told a federal judge Tuesday that Amgen's lawsuit over the state's drug price cap system is little more than a disagreement with lawmakers' policy choices disguised as a constitutional issue.
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August 20, 2024
Wash. Judges Won't Upend Tobacco Payout Ruling
A Washington appellate court on Monday rejected attempts by Philip Morris and other tobacco companies to pay the state less under a 1998 master settlement agreement, upholding an arbitrator's determination that the state was enforcing a law covering payment.
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August 20, 2024
FCC Says No To 8 Nonprofit Stations In Texas
The Federal Communications Commission says it is not approving eight applications for new low power FM stations because the Christian entities that applied for them appear to actually all be part of the same organization, which does not qualify as an educational nonprofit.
Expert Analysis
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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5 Insights Into FDIC's Final Rule On Big-Bank Resolution Plans
Although the Federal Deposit Insurance Corp.'s recently finalized rule expanding resolution planning requirements for large banks was generally adopted as proposed, it includes key changes related to filing deadlines, review and feedback, and incorporates lessons learned — particularly from last year's bank failures, say attorneys at Cleary.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Opinion
Focus On Political Stances May Weaken Labor Unions
Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.
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Opinion
Time To Reimagine The Novation Process For Gov't Contracts
The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.
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Unpacking The Latest FTC Guidance On Multilevel Marketing
Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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The OIG Report: DOJ's Own Whistleblower Program Has Holes
A recent Office of the Inspector General memo found that the U.S. Department of Justice’s whistleblower program failed to protect federal employees whose security clearances were allegedly suspended in retaliation — a serious cause for concern that could have a potential chilling effect on would-be whistleblowers, says Diana Shaw at Wiley.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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Opinion
Chevron Reversal May Protect IP Rights Under Bayh-Dole
The U.S. Supreme Court's overturning of Chevron deference may block the Biden administration's nearly finalized guidance reinterpreting the Bayh-Dole Act, protecting intellectual property rights and preventing harm to innovation and economic activity, says Brian O'Shaughnessy at Dinsmore & Shohl.