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Public Policy
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July 12, 2024
Texas DA Tells 5th Circ. He's Immune In Border Law Fight
Texas District Attorney Bill Hicks told the Fifth Circuit its June decision finding another district attorney immune from a suit over changes to the state's election code means he should be shielded from a challenge to the Lone Star State's migrant arrest law.
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July 12, 2024
DC Circ. Upholds FCC Approval Of SpaceX Satellite Plan
A D.C. Circuit panel Friday affirmed a Federal Communications Commission license authorizing SpaceX to deploy thousands of its Starlink satellites, rejecting challenges from satellite TV provider Dish Network LLC and advocacy group DarkSky International.
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July 12, 2024
MoneyLion Cites High Court Rulings In Bid To Toss CFPB Suit
MoneyLion Technologies Inc. told a New York federal judge on Friday that two recent U.S. Supreme Court rulings, including the reversal of the so-called Chevron deference doctrine, support the challenge to military lending regulations it is accused of violating in a lawsuit by the Consumer Financial Protection Bureau.
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July 12, 2024
Colo. Prisoners Seek Class Cert. In Slave Labor Suit
A pair of Colorado prisoners have asked a state judge to grant class certification for their suit alleging the state is illegally using them for slave labor, detailing their experiences of punishment like extensive isolation for refusing to work.
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July 12, 2024
Feds Join Voting Rights Suit Over Georgia Election Law
The federal government has joined a suit against Georgia officials over their 2021 voting law after a federal judge allowed it to intervene in wide-ranging litigation against the measure, saying state lawmakers intend to deny Black Georgians and other people of color the right to vote because of their race.
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July 12, 2024
Texas Lethal Injections Criminal Matter, Says Appeals Court
A split Texas appeals court panel found that a state district court should have dismissed two death row inmates' suit because it did not have jurisdiction, with the majority saying Friday that any case seeking an injunction that could stay an execution falls under the jurisdiction of criminal courts.
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July 12, 2024
Texas Panel Revives Woman's Acupuncture Burn Suit
A Texas court of appeals revived a suit accusing an acupuncturist of providing negligent suction cup treatment that left a woman with second-degree burns, finding the woman should be provided additional time to fix her deficient medical expert report.
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July 12, 2024
Tire Cos. Can't Pause Fish-Harming Chemical Suit
A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."
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July 12, 2024
Menendez Bribery Case Goes To Jury
A Manhattan jury began deliberating Friday over bribery and other charges against Sen. Robert Menendez and two New Jersey businessmen after hearing hours of instructions in the 18-count case and eating their final lunch with five alternates.
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July 12, 2024
Guo Trial Juror Booted For Googling Fugitive Co-Defendant
The jury in Chinese dissident Miles Guo's $1 billion fraud and racketeering case was forced to restart its verdict deliberations on Friday after a juror was cut loose for Google-searching Guo's fugitive financial adviser and co-defendant William Je.
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July 12, 2024
Conn. Justices Say Town Can Tax Hospital's Property
Personal property of a Connecticut hospital owned by Hartford HealthCare is taxable, the state Supreme Court said Friday, reversing a trial court opinion and ruling that Hartford's acquisition of the hospital negated a tax exemption for charitable entities.
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July 12, 2024
Giuliani's Ch. 11 Tossed Over Lack Of Financial Candor
Rudolph W. Giuliani, former mayor of New York City and legal adviser to Donald Trump, had his Chapter 11 case dismissed Friday by a New York bankruptcy judge, who found that Giuliani's missing financial disclosure made ending the proceedings the best option for creditors.
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July 12, 2024
Payments To Ex-Wife Should Be Deductible, 11th Circ. Told
A Georgia man told the Eleventh Circuit on Friday that his payments to his ex-wife as part of a marital settlement should qualify as alimony and therefore be deductible from his federal income taxes, asking the court to reverse a U.S. Tax Court decision.
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July 12, 2024
Lawmakers Unveil $1B Water Infrastructure Bill For Ariz. Tribe
A bipartisan group of Arizona federal lawmakers has introduced legislation in both houses of Congress to ratify and provide just over $1 billion in funding to resolve the Yavapai-Apache Nation's water rights claims and bring additional supplies to the Verde Valley.
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July 12, 2024
Republican Presses Tai For Info On E-Commerce Shift
Rep. James Comer, R-Ky., pressed the Biden administration's top trade official for more information on why the president withdrew from digital trade talks at the World Trade Organization, threatening "compulsory action" if she failed to provide meaningful answers.
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July 12, 2024
6th Circ. Delays FCC's Net Neutrality Effective Date
The Sixth Circuit on Friday delayed the effective date of the Federal Communications Commission's net neutrality rules by two weeks to give the court more time to consider an indefinite hold on the regulations during a legal challenge.
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July 12, 2024
Boston To Pay $1M To End Health Dept. Harassment Case
A high-profile sexual harassment case against the city of Boston and its former health director settled for $1 million earlier this month, according to a copy of the agreement released Friday.
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July 12, 2024
Chancery Tosses Centene Shareholders' Medicaid Fraud Suit
The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.
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July 12, 2024
Pa. Drive-In Dinged For Sleepovers In No-Campground Zone
A Pennsylvania drive-in movie theater's "overnight passes" for guests to stay after a late-night showing or for multiple days of a movie marathon effectively made the theater into a campground and ran afoul of township zoning ordinances, a state appellate court ruled Friday.
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July 12, 2024
Va. Tax Head Upholds Denial Of Resident's Subtraction
Virginia residents were properly denied an income tax subtraction that they claimed because of recaptured depreciation that came from the sale of a rental property, the state tax commissioner ruled.
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July 12, 2024
Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing
A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.
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July 12, 2024
Feds Ignoring Idle Offshore Oil Well Risks, Green Group Says
The federal government is looking the other way as owners of retired offshore oil and gas drilling infrastructure fail to properly shut down the facilities and blow deadlines, environmentalists said in a new lawsuit.
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July 12, 2024
7 Gender-Affirming Care Cases To Watch In 2024's 2nd Half
The U.S. Supreme Court has agreed to review a constitutional challenge by the federal government to Tennessee's ban on gender-affirming care for minors, while other appeals courts are weighing the constitutionality of states' and employers' restrictions on gender dysphoria treatment. Here are seven cases involving gender-affirming care access that attorneys will be tracking in the second half of the year.
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July 12, 2024
Litigation Funding 'Abuses' Targeted By Federal Lawmakers
Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.
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July 12, 2024
FINRA's Remote Inspection Pilot Met With Praise, Caution
The Financial Industry Regulatory Authority's new pilot program for remote inspections of broker-dealers has earned praise from attorneys, who say the measures accommodate the reality of remote work routines, but they're waiting to see how the chips fall on questions including the adequacy of the regulator's data security measures.
Expert Analysis
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Behind Court Challenges To The FTC's Final Noncompete Rule
The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.
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Colo. Lending Law Could Empower State-Chartered Banks
Lending programs that rely on rate exportation by state banks should pay close attention to legislative activity and ongoing litigation surrounding Colorado's decision to opt out of rate exportation, which could set a precedent that state-chartered banks have power on par with national banks, says Tom Witherspoon at Stinson.
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Tax Assessment: Recapping Georgia's Legislative Session
Jonathan Feldman and Alla Raykin at Eversheds Sutherland examine tax-related changes from Georgia’s General Assembly — such as the governor’s successful push to accelerate income tax cuts — and suggest steps to take before certain tax incentives are challenged in the state's next legislative session.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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SEC Amendments May Launch New Execution Disclosure Era
The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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How HHS Discrimination Rule Affects Gender-Affirming Care
The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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How CFPB Credit Card Rules Slot Into Broader Considerations
Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.