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Public Policy
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August 06, 2024
Wind Tower Co. Asks Full Fed. Circ. To Revisit Subsidy Duties
A Federal Circuit panel wrongly concluded that a 10% depreciation rate for deducting costs related to manufacturing facilities set by Canadian law was an unfair trade subsidy that justified countervailing trade duties, a wind tower manufacturer told the court in seeking a rehearing.
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August 06, 2024
Powell, Trump Attys Seek To Halt Mich. Bar Discipline Cases
Sidney Powell and other attorneys behind a legal challenge to Michigan's 2020 presidential election results want bar discipline proceedings paused while they ask the Michigan Supreme Court to step in and dismiss the professional misconduct complaints.
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August 06, 2024
Dem Lawmakers Back FTC's Kroger-Albertsons Challenge
A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.
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August 06, 2024
NJ Justices Remove 'Routine' Barrier To Compressor Hub
The New Jersey state appeals court misinterpreted the word "routine" in a decision that paused a plan for a natural gas compressor station in the Highlands Preservation Area, the state Supreme Court ruled Tuesday.
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August 06, 2024
Elon Musk's X Sues CVS, Mars, Ads Group Claiming 'Boycott'
Elon Musk's X Corp. sued the World Federation of Advertisers, Unilever, Mars Inc., CVS Health and Ørsted in Texas federal court Tuesday, inspired by a House Judiciary Committee Republican staffer report decrying efforts to avoid advertising next to hate speech and other "disfavored" content as an anticompetitive group boycott.
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August 06, 2024
SEC Decries Coinbase's 'Sweeping' Discovery Demand
The U.S. Securities and Exchange Commission has urged a New York federal judge to deny crypto exchange Coinbase's "additional, sweeping" request for all documents and communications the regulator may have made surrounding how securities laws apply to digital assets, arguing most of the documents are privileged or irrelevant to the case.
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August 06, 2024
SEC Defends Climate Disclosure Rules At 8th Circ.
The U.S. Securities and Exchange Commission on Tuesday cited the U.S. Supreme Court's decision axing Chevron deference and the agency's 50-plus year history of considering additional environmental-related disclosures in an effort to defend its recently adopted climate disclosure rules.
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August 06, 2024
Wash. Appeals Court Reverses On Gas Chain Owing State Tax
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.
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August 06, 2024
Alabama Calls Its Gender Care Law A Rational Policy Choice
Alabama lawmakers acted out of a desire to protect children — not discriminatory intent — when they passed legislation that restricted gender-affirming care for minors, easily clearing the legal standard required to uphold the law, the state has told a federal judge.
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August 06, 2024
Ariz. Tribe Seeks To Block Lithium Exploration Project
An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.
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August 06, 2024
DC Circ. Axes FERC Reauthorizations For Texas LNG Projects
The D.C. Circuit on Tuesday vacated reauthorization orders that the Federal Energy Regulatory Commission issued for liquefied natural gas projects on the Texas Gulf Coast over environmental analysis deficiencies.
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August 06, 2024
Home Depot Hired Cops To Target Migrants, Suit Says
A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.
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August 06, 2024
Former Judge's Misconduct May Spark Fights Over Conflicts
Many of the defendants in criminal cases presided over by disgraced District of Alaska Judge Joshua Kindred could try to have their convictions or sentences overturned due to the judge's allegedly inappropriate relationships with attorneys, with ethics experts saying such attempts could prove successful but also challenging.
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August 06, 2024
ABA Tells States To Nix Rape Disclosures For Bar Applicants
The American Bar Association unanimously passed a resolution Tuesday that calls on state admission authorities to stop asking would-be lawyers to disclose their experiences of sexual violence and harassment during the attorney licensure process.
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August 06, 2024
Judge Says Suit Over NJ Cops' Pot Use Belongs In State Court
A New Jersey federal judge has decided against getting involved in a dispute between Jersey City and police officers it terminated after they tested positive for marijuana use, ruling that any conflict between federal gun control law and the state's cannabis legalization statute should be dealt with on the state level first.
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August 06, 2024
Energy Dept. Awards $2.2B For 8 Grid Upgrade Projects
The U.S. Department of Energy on Tuesday awarded $2.2 billion of congressional funding for an eight-pack of electric grid projects, including $700 million for a transmission line that would create a new link between the western and eastern portions of the U.S. grid.
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August 05, 2024
Ex-Trump Atty Ellis To Cooperate In Ariz. Fake Electors Case
Jenna Ellis, former legal adviser to Donald Trump, has agreed to cooperate with Arizona prosecutors' case alleging allies of the former president made efforts to subvert the results of the 2020 presidential election, the Arizona Attorney General's Office announced Monday.
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August 05, 2024
DOJ Wants Google Held Accountable For Deleted Chats
The U.S. Department of Justice has told the Virginia federal court overseeing the government's case accusing Google of monopolizing key digital advertising technology the company needs to be held accountable for implementing policies that destroyed evidence.
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August 05, 2024
Trucking Co. Moves To Nix DOL Independent Contractor Rule
A trucking company that regularly hires owner-operator truck drivers has urged a New Mexico federal judge to vacate a new U.S. Department of Labor rule for classifying independent contractors, arguing in a motion for summary judgment that the rule makes classifying workers more confusing.
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August 05, 2024
CFPB's Buy-Now, Pay-Later Policy In House GOP Crosshairs
Republican members of Congress have taken aim again at the Consumer Financial Protection Bureau's recent guidance requiring that some of the protections provided to credit card users be applied to buy-now, pay-later loans, putting forward a new measure that would overturn what the lawmakers argue is a "destructive," overreaching policy.
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August 05, 2024
Chamber Tells Pa. Justices To Keep Gov't Suit Damages Cap
The U.S. Chamber of Commerce has urged the Pennsylvania Supreme Court to uphold the constitutionality of a $250,000 damages cap for personal injury suits against state agencies, saying to not do so would "foist an uncapped tort liability scheme" with a "ruinous financial impact" on the Keystone State.
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August 05, 2024
TikTok Tells DC Circ. That Feds Can't Keep Filings Secret
TikTok told the D.C. Circuit on Monday that the U.S. government shouldn't be allowed to conceal its court filings in litigation over a federal law that could ban the popular social media platform in the United States.
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August 05, 2024
Coinbase Broke Campaign Finance Laws, Crypto Critics Say
Crypto exchange Coinbase violated campaign finance laws when it donated $25.5 million to political action committees while negotiating a federal contract, prominent crypto critics told a federal election watchdog — a claim the firm's legal chief has staunchly denied.
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August 05, 2024
Wis. Bank Settles Tribal Group's Bias Suit Over Peyote Use
A local Wisconsin bank and Native American company Medicine Fireplace have jointly told a federal judge they've resolved a lawsuit claiming that the financial institution denied service to the nonprofit firm, whose members use the hallucinogenic peyote plant in their religious ceremonies.
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August 05, 2024
GSA Makes First Tribal Carbon-Free Electricity Purchase
A Seneca Nation holding company is the first tribal majority-owned business to be awarded a bid from the U.S. General Services Administration to sell carbon pollution-free electricity to the federal agency, a move that's been in the works since at least April.
Expert Analysis
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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How Congress Is Tackling The US Healthcare Shortage
With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI
Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.
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6 Tips For Maximizing After-Tax Returns In Private M&A Deals
With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What Employers Need To Know About Colorado's New AI Law
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.