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Public Policy
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August 19, 2024
DOJ Waited Too Long On Chats Deletions, Google Says
Google urged a Virginia federal judge Friday to reject the Justice Department's request to sanction the search giant over a policy of deleting internal chats, arguing that the request came too late and that the government isn't missing any evidence for its advertising technology monopolization suit.
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August 19, 2024
Fair Use Dooms Santos Suit Over Jimmy Kimmel's Prank Videos
A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. Rep. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.
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August 19, 2024
NIH Program To Use Tribal Research To Combat Opioid Crisis
The National Institutes of Health is investing $268 million over the next seven years in a program that will employ Indigenous research methods to help combat opioid use and the overdose crisis plaguing Indian Country with an additional focus on pain management and mental health and wellness.
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August 19, 2024
Spouse Asks Tax Court To Reconsider Relief Request
A woman barred from innocent spouse relief on grounds that tax debt related to an erroneously issued refund doesn't qualify asked the U.S. Tax Court to reconsider, saying she's entitled to the break for any unpaid tax liability.
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August 19, 2024
DHS Unveils Green Card Rule For Mixed-Status Families
The Biden administration on Monday officially rolled out the "keeping families together" program, which will ease bureaucratic obstacles for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country.
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August 19, 2024
Judge Urges Throwing Out DOJ's 'Simple' Race Bias Suit
A federal judge recommended dismissing a U.S. Department of Justice suit accusing a Georgia county of firing two Black workers who complained about a slur from a white colleague, faulting the DOJ for trying to "overcomplicate" the case.
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August 19, 2024
DC Council Member Charged With Bribery
Federal prosecutors are accusing a Washington, D.C., councilmember of accepting more than $150,000 in bribes and kickbacks in exchange for pressuring government employees to extend city contracts, according to a complaint unsealed Monday in D.C. federal court.
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August 19, 2024
Calif. Lawmakers Decline To Advance Hemp THC Law
A California bill that would have imposed new THC limits on hemp consumables is unlikely to become law this year, after lawmakers declined to move it out of committee.
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August 19, 2024
DQ'd Judge Should Have Kept Quiet, Tax Challengers Say
A Michigan federal judge who disqualified himself from homeowners' challenge to a $217 million dam repair tax assessment put his "thumb on the scale of justice" by improperly commenting on legal questions as he bowed out, according to homeowners seeking to have the comments rescinded.
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August 19, 2024
Ex-NJ County Exec Loses Bid To DQ Firm In Retaliation Suit
A former Cumberland County, New Jersey, health official claiming his firing was political retaliation cannot disqualify the county's counsel in his lawsuit, Testa Heck Testa & White PA, over interactions he had with two firm attorneys around the time of his firing, a state court judge ruled Friday.
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August 19, 2024
Crypto Co. Consensys Says Texas Is Right For SEC Fight
Crypto software firm Consensys Software Inc. told a Texas federal judge that it beat the U.S. Securities and Exchange Commission to court when it filed a suit seeking a judgment that its MetaMask software does not offend securities laws, and the regulator cannot now "change the playing field" to New York with its later enforcement suit.
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August 19, 2024
Santos Admits Fraud: 'Betrayed The Trust Of My Constituents'
Former U.S. Rep. George Santos pled guilty in New York federal court Monday to juicing his election fundraising reports with fake donations to qualify for Republican Party support, charges that carry a minimum of two years in prison.
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August 19, 2024
Hogan Boosts DC Energy, IP Teams With A&O Shearman Atty
Hogan Lovells has hired a new global regulatory and intellectual property practice partner, who is joining the firm in Washington, D.C., after a little more than two and half years with Allen Overy Shearman Sterling, Hogan Lovells announced Monday.
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August 19, 2024
Voters Fight DeSantis Bid To Toss Prosecutor Suspension Suit
Florida voters and a partisan advocacy group have pushed back against Gov. Ron DeSantis' argument that voters have no right to see an elected official serve an entire term in a suit over the suspension of Florida prosecutor Monique Worrell, saying it doesn't matter when interference in an election occurs because the effect on the voters is the same.
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August 19, 2024
GOP Rep. Fostered Homophobic Workplace, Ex-Staffer Says
A former congressional staffer slapped a Republican lawmaker from Texas with a federal lawsuit claiming he was bullied, denied training opportunities and ultimately forced to quit because he is gay.
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August 19, 2024
H&R Block's Case On In-House Judges' Role Is Paused
A Missouri federal judge who refused to halt Federal Trade Commission proceedings accusing H&R Block of deceptive advertising agreed to pause, while the company appeals her refusal, a district court case in which the company has argued that administrative judges should be booted from the proceedings.
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
Trump's Immunity Appeal May Delay Sentencing, DA Says
Prosecutors will not oppose Donald Trump's request to delay sentencing in his New York hush money case, currently set for next month, while he seeks to dismiss his conviction in light of the U.S. Supreme Court's presidential immunity ruling, agreeing that an immediate appeal may upend the proceedings anyway.
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August 19, 2024
Groups Lack Standing To Challenge Asylum Rule, Texas Says
The state of Texas asked a D.C. federal judge to grant it and the federal government victory in a suit brought by two immigrants' rights organizations challenging a rule from President Joe Biden's administration limiting asylum in the U.S.
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August 19, 2024
HUD Joins 6-Year Strategy To Beat Extreme Heat
The U.S. Department of Housing and Urban Development said it's partnering with two dozen federal agencies for an initiative focused on implementing solutions for extreme heat dangers in communities.
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August 19, 2024
Israel Boycott Question Withdrawn From Pittsburgh Ballots
A proposed ballot question that would have required the City of Pittsburgh to stop doing business with or granting tax credits to entities associated with Israel during its war in Gaza will be withdrawn for lack of enough valid signatures, the parties agreed Monday — leaving unanswered whether such measures are preempted by state law.
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August 17, 2024
George Santos To Plead Guilty Before Campaign Fraud Trial
Former U.S. Rep. George Santos has agreed to plead guilty to multiple criminal charges just weeks before his scheduled campaign finance fraud trial in New York federal court, Law360 learned Saturday.
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August 16, 2024
Justices Reject Biden Bid To Reinstate Gender Identity Rule
The U.S. Supreme Court on Friday refused for now to lift lower court orders blocking the U.S. Department of Education from enforcing its new interpretation of Title IX intended to protect LGBTQ+ students from discrimination based on gender identity, handing a win to several Republican-led state challengers.
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August 16, 2024
9th Circ. Throws Alaska Fishers A Lifeline In Orca Food Case
Alaskan salmon fishers got the green light to continue their hunts as the Ninth Circuit on Friday said a Washington federal judge "glossed over" severe economic consequences in holding that the fishing illegally reduced a food source for endangered orcas in Washington state.
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August 16, 2024
CFPB Signals Patience As BNPL Firms Navigate New Policy
Consumer Financial Protection Bureau Director Rohit Chopra on Friday pledged enforcement forbearance for buy-now, pay-later firms that are working "in good faith" to comply with recent guidance holding them to certain credit card rules, saying industry efforts so far have been encouraging.
Expert Analysis
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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.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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How 3 Recent High Court Rulings Could Shape Fintech Policy
The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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A Primer On EU's Updated Human Substance Regulations
The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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CFPB's Medical Debt Proposal May Have Side Effects
The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.