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Public Policy
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June 17, 2024
'No Religious Freedom In Texas' If El Paso Org. Shut Down
An attorney for a Catholic nonprofit accused by Texas Attorney General Ken Paxton of smuggling or harboring migrants told an El Paso judge Monday that Paxton shouldn't be able to use an "ancient" legal procedure in his attempt to shut it down.
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June 17, 2024
Attys Accused Of Judge Shopping Must Turn Over Q&A Doc
Attorneys accused of a coordinated effort to "judge shop" amid federal suits challenging an Alabama law banning certain medical procedures for transgender youth must supply a document the court believes displays the attorneys' preparations for a panel hearing in which one of the attorneys allegedly committed perjury.
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June 17, 2024
Ga. Judge Shuts Down Bond Bid From Convicted Fla. Atty
A Georgia federal judge has denied a Florida attorney's request to remain free on bond while she appeals her conviction and more than six-year prison sentence for fraudulently obtaining federal pandemic-relief loans meant for businesses, calling her request "the latest chapter in her attempt to dodge the consequences of her malevolence."
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June 17, 2024
Sen. Spectrum Bill Called Inadequate For Connectivity Needs
A Senate bill to renew the Federal Communications Commission's authority to auction spectrum is facing criticism from a technology think tank as the legislation heads to a committee vote Tuesday.
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June 17, 2024
NY Says IGRA Doesn't Keep State Lottery Off Tribal Land
The New York State Gaming Commission has asked a federal judge to throw out the Cayuga Nation's attempt to block lottery games from operating on tribal lands, arguing state lotteries do not fall under the federal Indian Gaming Regulatory Act's jurisdiction.
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June 17, 2024
Catching Up With Delaware's Chancery Court
Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk.
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June 17, 2024
Ga. County Says Battery Co.'s Dumping Caused Blaze
A Georgia electric vehicle battery manufacturer that has come under regulatory scrutiny for a series of workplace safety violations has been hit with a lawsuit from its own county, which accused the company of dumping hundreds of batteries that led to a massive fire at a local recycling plant.
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June 17, 2024
Lambda Legal Calls For More LGBTQ+ Judges
President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.
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June 17, 2024
Biden: High Court 'Never Been As Out Of Kilter'
President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."
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June 17, 2024
College Students Say Mass. COVID Liability Shield Unjust
Three former students seeking tuition refunds are urging a Massachusetts court to rule on the constitutionality of a state law wiping away schools' liability for switching to online learning during the COVID-19 pandemic in 2020, a statute that has all but doomed their separate federal complaints.
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June 17, 2024
Commerce Says Trimmed Garlic Covered By Fresh Garlic Duty
The U.S. Department of Commerce ruled Monday that peeled and trimmed garlic is covered by an anti-dumping duty order on fresh Chinese garlic.
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June 17, 2024
SEC Head Of Crypto Assets And Cyber Unit Departs Agency
The head of the U.S. Securities and Exchange Commission's crypto and cyber enforcement team said Monday that he has left the agency after nearly nine years.
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June 17, 2024
Mich. Justice Wants Tax-Break Filing Options After Mail Fiasco
A Michigan Supreme Court justice called on the state Legislature to give taxpayers more flexibility in claiming property tax exemptions after a company lost out on an exemption because the U.S. Postal Service never delivered its paperwork.
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June 17, 2024
Justices Won't Hear Challenge To NY Gun, Ammo Sales Laws
The U.S. Supreme Court on Monday denied a petition by New York gun shop owners seeking to appeal a decision striking down their suit challenging state laws regulating firearm sellers and ammunition sales.
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June 17, 2024
Justices To Decide If False Claims Act Applies To E-Rate
The U.S. Supreme Court on Monday agreed to review whether reimbursement requests made to the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act.
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June 17, 2024
Justices Will Hear Philly Bridge Project Fraud Case
The U.S. Supreme Court will decide whether a Pennsylvania Department of Transportation contractor's false promise to give a certain share of its business to minority-owned subcontractors rises to the level of depriving the state agency of property, the court announced Monday.
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June 17, 2024
High Court Won't Hear Florida Gaming Compact Dispute
The U.S. Supreme Court declined Monday to take up two casino operators' petition to overturn a sports gaming compact between the state of Florida and the Seminole Tribe that allows for online betting off tribal lands.
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June 14, 2024
Meta Halts AI Tech Debut In EU After Regulatory Backlash
Meta Platforms Inc. said Friday that it was putting on hold plans to expand its artificial intelligence offerings to the European market after the Irish privacy regulator raised concerns about the company's efforts to use public content posted on Facebook and Instagram to fuel these models.
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June 14, 2024
Novel Ill. Swipe Fee Law Sparks New Banks V. Retailers Battle
Illinois lawmakers have passed first-of-their-kind restrictions on swipe fees that represent a major, multimillion-dollar victory for retailers, but they could also set up a legal clash with bankers, who warn that the state risks turning into a national payments pariah.
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June 14, 2024
Utah Gov. And Land Trust Beat Tribe's Bidding Suit, For Now
A federal judge dismissed claims against Utah Gov. Spencer Cox, several state officials and its trust lands administration in a tribe's challenge accusing them of spinning a racist bidding scheme to prevent it from winning a land auction to purchase land just outside its reservation.
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June 14, 2024
FCC To Fine ASUS $367K For Wi-Fi Gear Over Power Limits
The Federal Communications Commission wants to slap electronics maker ASUSTeK Computer with a $367,000 fine for marketing a Wi-Fi adapter that uses more power than the agency has approved for such devices.
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June 14, 2024
Due Process At Stake As Justices Back 2-Step Removal Notice
The U.S. Supreme Court's decision that immigration hearing notices need not include the time and place of removal hearings for in absentia removal orders to be upheld could lead to further erosion of due process in removal proceedings, experts said.
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June 14, 2024
CFPB Says 5th Circ. Should Leave Payday Rule Case For Dead
The Consumer Financial Protection Bureau urged the Fifth Circuit on Friday to deny efforts to revive industry litigation over the agency's 2017 payday loan rule, a case that went all the way to the U.S. Supreme Court based on a constitutional challenge that the agency ended up beating last month.
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June 14, 2024
FCC Settles Probe Into Data Breach At Liberty Latin America
Liberty Latin America has been slapped with a $100,000 fine for failing to tell the Federal Communications Commission about a data breach that exposed data before the telecom took control of the company.
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June 14, 2024
Fla. Says Justices' Ruling Dooms Suit Against State Law
Florida tried Friday to bolster its arguments against a farmworker group challenging a state law that criminalizes the transportation of unauthorized immigrants, arguing that the U.S. Supreme Court's decision Thursday over access to an abortion medication undercuts the group's quest for standing.
Expert Analysis
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.
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Opinion
SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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What's In OCC's Proposed Freedom Of Information Act Update
In this article, Christine Docherty at Goodwin discusses the Office of the Comptroller of the Currency's proposed amendments to its regulations implementing the Freedom of Information Act, and how these changes might align with guidance from other regulators.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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IRS Sings New Tune: Whistleblower Form Update Is Welcome
In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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Consumer Privacy Takeaways From FTC Extraterritorial Action
With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.
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FDIC Bank Merger Reviews Could Get More Burdensome
Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.