Public Policy

  • August 12, 2024

    Ill. To Require Employers To Notify Workers When Using AI

    Illinois employers will soon have to tell workers and applicants when they're using artificial intelligence in employment decisions and be barred from using technology that has a discriminatory impact under legislation signed by Democratic Gov. JB Pritzker.

  • August 12, 2024

    Nokia Resets Merger Review Clock For $2.3B Infinera Deal

    Nokia has agreed to give the U.S. Department of Justice more time to review its planned $2.3 billion purchase of Silicon Valley optical-transmission equipment maker Infinera for potential competition concerns.

  • August 12, 2024

    States Oppose Shkreli High Court Bid For $64M Disgorgement

    State enforcers are opposing a petition from ex-pharmaceutical executive Martin Shkreli asking the U.S. Supreme Court to review a disgorgement order requiring him to pay up to $64 million for an alleged scheme to increase the price of a life-saving drug by 4,000%

  • August 12, 2024

    Cannabis Drink Cos. Drop Challenge To Iowa THC Law

    After failing to temporarily block an Iowa law that imposed new restrictions on hemp-derived THC consumables, two manufactures of cannabis-infused drinks have decided to drop their lawsuit seeking to upend the statute, according to a notice filed in federal court.

  • August 12, 2024

    IRS Extends Tax Deadlines For Minn. Storm Victims

    Minnesota taxpayers affected by severe storms and flooding have until February to file tax returns and make payments, the Internal Revenue Service said Monday.

  • August 12, 2024

    DC Circ. Revives Businessman's Suit Over Mueller Report

    A Georgian-American businessman discussed in special counsel Robert Mueller's report on Russian interference in the 2016 election can pursue claims that inaccuracies in the report harmed his reputation and business dealings, the D.C. Circuit said Friday.

  • August 12, 2024

    Roberta Kaplan Keeps Trump Case, But Ex-Firm Wants A Cut

    Trailblazing litigator Roberta Kaplan will keep E. Jean Carroll as a client after leaving Hecker Fink LLP amid claims she fostered a hostile work environment at the firm she co-founded, but her former colleagues still want a cut of the $83 million verdict Kaplan recently won for Carroll in a defamation lawsuit against former President Donald Trump.

  • August 12, 2024

    Convicted Fla. Atty Says Bogus Threat Testimony Tainted Trial

    A Florida attorney has urged the Eleventh Circuit to toss her criminal wire fraud conviction and six-year prison sentence, because she said the trial court wrongly let prosecutors "throw a loaded grenade" at her by allowing testimony about an "unsubstantiated and uncorroborated claim" that the attorney threatened a co-defendant.

  • August 12, 2024

    Jenner & Block Launches Post-Chevron Task Force

    Jenner & Block LLP said Monday that it has started a task force to help clients navigate the reversal of Chevron deference, tapping three Washington, D.C.-based attorneys to helm that effort.

  • August 12, 2024

    Texas AG To Investigate CenterPoint Over Beryl Outages

    Texas Attorney General Ken Paxton said Monday that his office had opened an investigation into CenterPoint Energy Inc. over its preparation and response to Hurricane Beryl.

  • August 12, 2024

    Ally Bank Latest Auto Lender To Challenge Mass. Towing Law

    Ally Bank has told a Massachusetts federal judge that a towing company should be on the hook for the value of a Lexus it sold despite the bank's lien, marking the latest challenge to what the lender calls an "outdated and unconstitutional" state law.

  • August 12, 2024

    DOL Tweaks 2 Parts Of Asset Manager Exemption

    The U.S. Department of Labor's employee benefits arm made two mostly technical changes Monday to a popular exemption used by asset managers who also manage retirement assets known as the qualified professional asset manager exemption.

  • August 12, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.

  • August 12, 2024

    Top Immigration Policies To Watch In The 2nd Half Of 2024

    The final months of the Biden administration could bring last-minute policymaking to address worker shortages, while new asylum restrictions could be solidified along with a program to offer protections and work permits to unauthorized spouses of U.S. citizens.

  • August 12, 2024

    Court Observers Offer Their Wish Lists For A Judiciary FOIA

    Government transparency advocates and court watchers think a recently introduced bill to subject the judiciary to the Freedom of Information Act would increase trust and transparency in the courts, and they have some ideas already of what they'd like to obtain from them.

  • August 09, 2024

    Feds Say Smartmatic Execs Bribed Philippine Elections Head

    Federal prosecutors have accused three Smartmatic executives — including the voting-machine company's co-founder and president — of bribing a Philippines elections official to secure contracts for the country's 2016 elections, according to an indictment filed Friday in Florida federal court.

  • August 09, 2024

    9th Circ. Wipes Out BNSF's Retaliation Win

    The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.

  • August 09, 2024

    Valeant's Legal Gripe A Total 'Nothingburger,' Justices Told

    A lawyer who assembled a whistleblower lawsuit against a major pharmaceutical company using publicly available patent board filings says the larger legal question of whether he can do that is way too niche for the U.S. Supreme Court to bother thinking about.

  • August 09, 2024

    Trump Again Appeals Merchan's Gag Order To NY High Court

    Former President Donald Trump is again seeking dismissal of a gag order in his criminal hush money case barring him from threatening court and district attorney staff, telling New York's highest court on Thursday that he disagreed with "each and every part" of a recent intermediate appellate court ruling that found threats remained imminent.

  • August 09, 2024

    Judge Slams Justices For 'Eschewing' History In Trump Case

    The U.S. Supreme Court spurned historical analysis and "fundamentally" changed the presidency when it granted Donald Trump broad criminal immunity from federal charges that he interfered with the 2020 presidential election while in office, a Massachusetts federal judge wrote in a ruling Friday that ended an ex-public defender's sexual harassment lawsuit.

  • August 09, 2024

    Medicare Drug Price Suit Nixed Over 'Forum Shopping' In Ohio

    The Department of Health and Human Services has notched yet another win in litigation challenging the constitutionality of the Medicare drug price negotiation program, securing the dismissal of a suit brought by several chambers of commerce.

  • August 09, 2024

    DC Circ. Pans Suit Claiming HHS Caused Health Aid Shortage

    The D.C. Circuit said Friday that a judge properly dismissed a proposed class action blaming the U.S. Department of Health and Human Services for a lack of home health aides willing to assist Medicare beneficiaries with chronic illnesses, saying the private providers aren't required to accept those patients.

  • August 09, 2024

    Bond Denied For Ex-Ecuador Official Convicted In Bribery Plot

    A Florida federal judge denied bond to Ecuador's ex-comptroller Friday after a jury convicted him earlier this year of laundering more than $12 million in bribes received in a construction scandal, saying the record would not support releasing him from custody before he is sentenced.

  • August 09, 2024

    FDA Rejects Latest Effort To Treat PTSD With MDMA

    The U.S. Food and Drug Administration has rejected a new drug application to treat post-traumatic stress disorder with the psychedelic drug MDMA, an entactogen also known as ecstasy or molly, the company that backed the effort announced Friday.

  • August 09, 2024

    5 Immigration Policy Developments Of 2024: A Midyear Report

    President Joe Biden addressed competing election year priorities by curbing asylum and boosting protections for foreign spouses of U.S. citizens, while his administration implemented higher immigration fees and overhauled the H-1B lottery process. Here, Law360 takes a look at five of the most significant immigration policy developments of 2024 so far.

Expert Analysis

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • Opinion

    Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit

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    A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.

  • Unpacking The Latest Tranche Of Sanctions Targeting Russia

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    Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

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    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • PBM Takeaways From Proposed Telehealth Flexibility Bill

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    The U.S. House of Representatives' proposal to extend certain telehealth flexibilities signals a robust commitment to expanding telehealth access, though its plan to offset additional expenses through pharmacy benefit manager reform could lead to some industry consolidation, say attorneys at Mintz.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

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