Public Policy

  • July 09, 2024

    'ComEd Four' To Renew Acquittal Bid After Bribery Ruling

    An Illinois federal judge effectively pushed the next ruling in the criminal case against former Commonwealth Edison CEO Anne Pramaggiore and her three co-defendants to at least winter, as the defendants vowed to renew their acquittal bid in the wake of the U.S. Supreme Court's ruling finding that federal bribery law doesn't criminalize rewards given after an official act.

  • July 09, 2024

    Fla. Agrees To Stronger CWA Protections For Piney Point Site

    Conservation groups said they've reached an agreement with the Florida Department of Environmental Protection to settle litigation over a phosphogypsum facility in Manatee County, with state regulators agreeing to a draft Clean Water Act permit for the site.

  • July 09, 2024

    Fed's Powell Backs Do-Over For Basel Bank Capital Plan

    Federal Reserve Chair Jerome Powell told senators on Tuesday that he supports a reproposal of federal regulators' Basel III endgame overhaul to big-bank capital requirements, suggesting the package is being rethought significantly enough to merit a whole new draft before it can be finalized.

  • July 09, 2024

    Newman Loses Suit Against Fed. Circ. Over Suspension

    A D.C. federal judge on Tuesday dismissed the lawsuit Federal Circuit Judge Pauline Newman filed against her colleagues over her suspension for refusing to undergo medical tests, saying she failed to prove the judicial conduct law at issue is unconstitutional.

  • July 09, 2024

    Ark. Group Gets 100K Signatures For Medical Pot Expansion

    An Arkansas cannabis advocacy group has collected more than 100,000 signatures in favor of expanding the state's medical marijuana program, more than enough to get an initiative on the state's ballot this November, the state announced Friday.

  • July 08, 2024

    Resigning US Judge Had 'Sexualized Relationship' With Clerk

    U.S. District Judge Joshua Kindred of the District of Alaska, who abruptly announced his resignation last week, had a "sexualized relationship" with his clerk, including sexual encounters with her shortly after she left her clerkship and joined the U.S. Attorney's Office, according to an order issued Monday by the Judicial Council of the Ninth Circuit.

  • July 08, 2024

    Giuliani's Creditors Call Ch. 7 Conversion Bid A 'Delay Game'

    Rudy Giuliani's unsecured creditors in his Chapter 11 case on Monday slammed the former New York City mayor's bid in New York bankruptcy court to convert the proceedings to a liquidation, saying the move is just another part of his "delay game" to avoid discovery and "responsibility for his malfeasance."

  • July 08, 2024

    Migrants Want Another Try In Martha's Vineyard Flight Suit

    Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.

  • July 08, 2024

    Maple Leaf Must Go The Way Of Chevron, Solar Cos. Say

    Last month's U.S. Supreme Court decision overturning 40 years of judicial deference to federal agencies' read of statutes puts the Federal Circuit's own brand of executive branch acquiescence squarely on the chopping block, a solar industry group said Monday.

  • July 08, 2024

    Orgs Worry FCC Could Overreach On Network Security

    The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.

  • July 08, 2024

    Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told

    Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.

  • July 08, 2024

    FDIC Downgrades Green-Focused Bank On CRA Exam

    The Federal Deposit Insurance Corp. has dinged Forbright Bank, a sustainability minded bank started by former Democratic presidential candidate John Delaney, over an allegedly "illegal credit practice" tied to a since-discontinued third-party partnership, lowering its latest community lending exam grade.

  • July 08, 2024

    Senate Confirms 7th Circ. Judge GOP Slammed For Backlog

    The Senate voted 47-43 on Monday evening to confirm U.S. District Judge Nancy L. Maldonado to the Seventh Circuit.

  • July 08, 2024

    Federal Circuit Doubts Impropriety Of $4K H-1B Fraud Fee

    A Federal Circuit panel seemed unpersuaded Monday by an argument from software companies that a $4,000 fraud fee for H-1B visa petitions does not apply to noncitizens in the U.S. seeking to change their nonimmigrant visa status to H-1B.

  • July 08, 2024

    Texas Anesthesia Co. Can't Pause Or Appeal Suit, FTC Says

    The Federal Trade Commission urged a Texas federal court not to pause its suit accusing U.S. Anesthesia Partners Inc. of a monopolistic "roll-up" of Lone Star State anesthesia practices, arguing the company can't appeal an order refusing to toss the case against it.

  • July 08, 2024

    Ways And Means To Vote On Section 529 Tax Bills

    The House Ways and Means Committee is scheduled to vote Tuesday on several education-related tax bills, including legislation that would make additional elementary and secondary school expenses eligible for tax-advantaged education savings accounts.

  • July 08, 2024

    Suit Alleging NY Pot Kickbacks Moved To Federal Court

    An Illinois security company is suing New York's cannabis authority for $300 million claiming that one of its board members convinced the business to do free surveillance camera work by promising it a state contract that never came, according to a lawsuit removed to federal court.

  • July 08, 2024

    Menendez 'Put Power Up For Sale,' Feds Say In Closing

    Sen. Robert Menendez "put his power up for sale" in a slew of bribes often brokered by his wife but for which the New Jersey lawmaker was always "calling the shots," a Manhattan federal prosecutor said during closing arguments in the high-profile trial Monday.

  • July 08, 2024

    NC Tax On Premiums Lowered For Some Insurance Cos.

    North Carolina will reduce its tax on premiums paid in the state to some out-of-state liability insurance groups under a bill signed by Gov. Roy Cooper. 

  • July 08, 2024

    Nasdaq Seeks Tighter Listing Rules On Reverse Stock Splits

    Nasdaq wants to tighten its rules so companies that raise their share prices through reverse stock splits to avoid being delisted don't obtain more time to regain compliance if the reverse split triggers another violation.

  • July 08, 2024

    Philly Charter School Exec Sentenced To 1½ Years In Prison

    Shahied Dawan, a former nonprofit executive for a Philadelphia charter school and low-income housing nonprofit founded by R&B producer Kenny Gamble, was sentenced to 18 months in prison Monday for conspiring to conceal embezzlement from the organization.

  • July 08, 2024

    Pro-Trade Policies Outpace Barriers Amid Strains, WTO Says

    Countries are moving to open themselves up to increased trade, even as armed conflicts, tense geopolitics and the effects of climate change continue to destabilize supply chains, the World Trade Organization said in a report released Monday.

  • July 08, 2024

    BLM Faces Challenges To Alaska Oil Reserve Protections

    The state of Alaska and a nonprofit group are seeking to vacate a federal rule ensuring maximum environmental protections for more than 13.1 million acres in the state's National Petroleum Reserve and banning new oil and gas leasing on another 10.6 million acres, arguing the new law turns the land into a "de facto" wilderness.

  • July 08, 2024

    Tribe Says NY Counties Want It To Pay For 911 Access

    The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.

  • July 08, 2024

    Feds Aim To Expand Military Site List For Land Deal Reviews

    The U.S. Department of the Treasury on Monday proposed putting 59 more military sites on its radar when it reviews real estate deals for national security issues, a move that comes on the heels of the White House's crackdown on a Chinese-owned cryptocurrency mine near a Wyoming air base.

Expert Analysis

  • Ohio Tax Talk: The Legislative Push For Property Tax Relief

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    As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • Aviation Watch: Mostly Smooth Landing For New FAA Law

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    The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    In The CFPB Playbook: Regulatory Aims Get High Court Assist

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    Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.

  • NY Public Campaign Funding May Attract Scrutiny From Feds

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    The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • National Security And The Commercial Space Sector: Part 2

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    Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.

  • FTC Hearing On Fake Review Rule Stressed Compliance Costs

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    The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Perspectives

    Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle

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    The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

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    Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.

  • Opinion

    Exec Liability Bill For Failed Banks Is Unnecessary, Unwise

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    A bill before the U.S. Senate, which would effectively empower the Federal Deposit Insurance Corp. to hold senior bank executives strictly liable for reasonable business decisions that lead to bank failures, needlessly overwrites the existing negligence standard and rewards counterproductive caution in management, say attorneys at Davis Polk.

  • National Security And The Commercial Space Sector: Part 1

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    The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

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