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Public Policy
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August 22, 2024
Ga. Appeals Court Tosses Nearly $1M Slip-And-Fall Fee Award
The Georgia Court of Appeals on Wednesday affirmed a trial court's decision to revoke nearly $1 million in attorney fees from a man who was allegedly injured after falling into a city of Atlanta water meter box while also affirming the trial court's imposition of spoliation sanctions against the city.
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August 22, 2024
9th Circ. Rebuffs Crypto Law Firm's Bid To Revive SEC Suit
A Ninth Circuit appeals panel said Thursday that a California federal judge was right to toss a crypto-focused law firm's preemptive challenge to the U.S. Securities and Exchange Commission since the firm failed to show it faced any "realistic danger" of catching an enforcement case over its use of the ethereum network.
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August 22, 2024
Pennsylvania Hospital Gets 1 Week Reprieve In Steward Ch. 11
A Texas bankruptcy judge on Thursday approved an order setting general closing procedures for bankrupt hospital operator Steward Health Care, but gave Pennsylvania authorities a week's reprieve as they try to arrange a hospital sale.
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August 22, 2024
Justices Allow Part Of Ariz. Voter Law To Take Effect
The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.
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August 22, 2024
2 AGs Push Justices To Stay EPA Power Plant Emission Rule
Ohio and Kansas are urging the U.S. Supreme Court to pause a challenged U.S. Environmental Protection Agency rule that aims to reduce greenhouse gas emissions from power plants, arguing the unlawful rule forces plants to risk billions of dollars on unproven control technologies or shut down.
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August 22, 2024
State Bank Coalition Establishes AI Advisory Group
The Conference of State Bank Supervisors has created a new advisory group to guide it on the development and use of artificial intelligence in the financial services sector, according to a Thursday statement.
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August 22, 2024
NC Hot Rod Shop Owner Admits To Not Paying $2M In Taxes
A North Carolina automotive business owner has pled guilty to failing to pay more than $2 million in employment taxes and not filing employment tax returns, the U.S. Department of Justice announced Thursday.
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August 22, 2024
Texas Tells High Court It's Not Idaho '2.0' In HHS Abortion Row
Texas and a pair of anti-abortion doctor organizations have urged the U.S. Supreme Court to reject the federal government's appeal of a Fifth Circuit decision blocking the Biden administration's guidance that hospitals must provide emergency stabilizing medical care, including abortions.
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August 22, 2024
6th Circ. Can't Say If Mich. Official Can Block Facebook Critic
The Sixth Circuit can't apply the U.S. Supreme Court's new state-action test to decide if a city manager in Michigan is allowed to block critics from his personal Facebook page because it needs more information, the appellate court said, kicking the matter back to district court.
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August 22, 2024
Ex-Morgan Stanley Representative Concedes SEC Suit
A former Morgan Stanley representative who was criminally convicted in a $4.8 million Ponzi scheme has conceded in a suit brought by the U.S. Securities and Exchange Commission, saying he agrees with the agency that judgment should be issued against him.
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August 22, 2024
New SEC Rule Provides Break To Smaller Venture Funds
The U.S. Securities and Exchange Commission has approved rules that would raise thresholds before certain venture capital funds can be regulated as investment companies, enacting a congressional mandate aimed at easing costs for small funds.
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August 22, 2024
Ill. Exempts Certain Home-Delivered Meals From Taxes
Purchases of certain home-delivered meals for older and lower-income residents are exempt from an array of state taxes, the Illinois Department of Revenue said.
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August 22, 2024
Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas
A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.
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August 22, 2024
Local Property Tax Exemptions A Must For Solar, Va. AG Says
Localities are required under state statute to provide an exemption for the taxation of property used for solar photovoltaic systems, or systems that use solar panels to create energy, the Virginia attorney general said in an opinion.
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August 22, 2024
Appeals Court Revives DC AG's Amazon Antitrust Suit
A Washington, D.C., appeals court ruled Thursday that the D.C. attorney general can pursue an antitrust suit against Amazon, overturning a lower court order that tossed district enforcers' complaint against the e-commerce giant.
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August 22, 2024
Voter Claims NC 'Ballot Selfie' Laws Violate Free Speech
A North Carolina voter hopes to take down the state's so-called ballot selfie laws, which make it illegal to take a photo with a completed ballot, arguing in a new federal lawsuit filed Thursday that the statutes trample her free speech rights.
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August 22, 2024
NJ Panel Rejects Dispensary's Bid To Revive Application Suit
A would-be cannabis entrepreneur can't upend a New Jersey township's decision to decline her application for a retail license in favor of others, a state appeals court ruled, saying that she needed to name her competitors as defendants to keep the case viable.
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August 22, 2024
Feds, Ex-Detroit Mayor Spar Over Restitution, Residency
Federal prosecutors and former Detroit mayor Kwame Kilpatrick are clashing over restitution, with the feds seeking to collect some $6,700 the Michigan Department of Treasury uncovered and Kilpatrick claiming the money is off limits, challenging how much he owes and pushing to have the case sent to Georgia.
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August 22, 2024
California Fires Back At Red State Attacks On Climate Torts
California and a contingent of blue states told the U.S. Supreme Court that their climate change torts against fossil fuel companies are on solid legal ground and that an effort by Alabama and other red states to undercut them must be rejected.
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August 22, 2024
Apache Carry Petition To High Court With A Prayer Journey
Members of an Apache nonprofit fighting to save an Indigenous worship site from destruction are making stops to visit other tribes throughout the country for prayers and support as they deliver a petition to the Supreme Court that seeks to undo a Ninth Circuit ruling and block a mining project.
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August 22, 2024
Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground
Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.
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August 22, 2024
Kroger-Albertsons Wrong On Labor Law In FTC Row: NLRB
The National Labor Relations Board used an amicus brief Wednesday to call out Kroger and Albertsons for their "mistaken" citation to labor law as a defense against Federal Trade Commission claims that the grocery giants' $25 billion megamerger threatens union bargaining leverage.
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August 22, 2024
Nadine Menendez's Bribery Trial Delayed Until 2025
The bribery trial of former U.S. Sen. Robert Menendez's wife is delayed until at least January because she is being treated for cancer, a New York federal judge ruled Thursday.
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August 22, 2024
NY AG Tells Appeals Court To Uphold $465M Trump Judgment
Donald Trump has barely challenged the extensive proof of financial statement lies undergirding a $465 million civil fraud judgment against him and his co-defendants, New York's attorney general said in an appeals brief looking to preserve the bench verdict.
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August 22, 2024
Telephone Cos. Want In On Tribal Broadband Grant Row
The two Alaskan telecoms that received the U.S. Department of Agriculture grants now at the center of a suit from local tribes say they want in on the litigation, telling an Alaska federal judge that they should get a chance to defend their grants alongside the USDA as intervenors.
Expert Analysis
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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.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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15 Areas That Would Change Under Health Data Rule Proposal
If finalized, the Office of the National Coordinator for Health Information Technology's proposed rule will significantly progress its efforts to advance interoperability, respond to stakeholder concerns and clarify compliance with the health IT certification program, say attorneys at Ropes & Gray.
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The Road Ahead For Regulation Of Digital Twins In Healthcare
Digital replicas of cells, organs and people — known as digital twins — can facilitate clinical trials for new drugs by reducing the number of patients required, but data limitations can create logistical hurdles and regulatory efforts addressing digital twins are still in early stages, say consultants at Keystone Strategy.
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A Guide To Long-Term, Part-Time Employee Determinations
With final regulations under the Secure Act requiring 401(k) retirement benefits for long-term, part-time employees expected soon, Amy Sheridan and David Guadagnoli at Sullivan & Worcester look at how the proposed rules would shift the risk-reward calculus on excluding categories of employees, and what plan sponsors would need to consider when designing retirement plans.