Public Policy

  • July 31, 2024

    737 Max Families Say Boeing Deal 'Morally Reprehensible'

    Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.

  • July 31, 2024

    WH Reviewing Green Card Rule For Mixed-Status Families

    A new rule allowing certain foreigners who are married to U.S. citizens and their children to apply for green cards without leaving the United States is under review at the White House's Office of Information and Regulatory Affairs.

  • July 31, 2024

    GOP Senate Bill To Bar FCC's AI Disclosure Rule Blocked

    A Republican effort in the U.S. Senate aiming to prevent the Federal Communications Commission from requiring broadcasters to disclose the use of artificial intelligence in political ads lost traction at the committee level Wednesday.

  • July 31, 2024

    Fla. Electric Co. Ex-CEO Gets 4 Years For Privatization Plot

    A Jacksonville, Florida, federal judge sentenced a former CEO of the city's electric company to four years in prison after a jury convicted him of fraud conspiracy charges in a multimillion-dollar embezzlement scheme connected to a process to privatize the public utility, prosecutors said Wednesday.

  • July 31, 2024

    EPA Floats Ban On Many Uses Of Carcinogen 1-BP

    The U.S. Environmental Protection Agency on Wednesday proposed banning all consumer uses of the carcinogen 1-bromopropane — except in insulation — as well as some industrial and commercial uses.

  • July 31, 2024

    Senate Confirms State Judges To US District Courts In NY, PA

    The Senate on Wednesday confirmed Judge Meredith Vacca to the Western District of New York and U.S. Magistrate Judge Joseph F. Saporito Jr. to the Middle District of Pennsylvania.

  • July 31, 2024

    Steward Health Care Gets OK To Close 2 Mass. Hospitals

    A Texas bankruptcy judge Wednesday approved the closure of two Massachusetts hospitals owned by Steward Health Care after the debtor said that it was unable to find buyers for them.

  • July 31, 2024

    Historical Association Backs Tribes In SunZia Power Line Row

    The National Association of Tribal Historic Preservation Officers is asking the Ninth Circuit to intervene in a challenge by a coalition of Native American tribes and environmentalists seeking to block SunZia Transmission from routing a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • July 31, 2024

    Sens. Reveal Bipartisan Trade Bill Streamlining Customs Laws

    Two senators from opposite sides of the aisle released a discussion draft and bill Wednesday of their proposed Customs Facilitation Act of 2024, which seeks to modernize U.S. customs laws and streamline processing goods and services crossing U.S. borders.

  • July 31, 2024

    Final DOI Report Finds Nearly 1,000 Died At Boarding Schools

    Nearly 1,000 Indigenous children died while attending federal government-run boarding schools, according to the Department of Interior's second — and final — report that follows a three-year investigation into harsh conditions the students were forced to endure over the course of more than a century.

  • July 31, 2024

    Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies

    The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to pre-existing policies or just to those issued after the reforms took effect.

  • July 31, 2024

    Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards

    A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.

  • July 31, 2024

    Separate Easement Contribution Docs Critical, IRS Atty Says

    Conservation easement donors must always keep separate documents from their donees that acknowledge the gifted property to qualify for a charitable tax deduction in the event the IRS requests such information during an audit, according to an agency counsel Wednesday.

  • July 31, 2024

    SEC Asked For Public Tax Reporting By Group With $2.3T

    The U.S. Securities and Exchange Commission was asked Wednesday to begin a rulemaking procedure to require public country-by-country reporting of tax by nearly 90 investment funds, labor unions, activists and others with combined assets over $2.3 trillion.

  • July 31, 2024

    5th Circ. Pause Spells Doom For DOT Airline Fees Rule

    The Fifth Circuit gave the airline industry a temporary reprieve from a new U.S. Department of Transportation rule requiring carriers to more clearly disclose add-on fees upfront, a decision that stands to embolden opponents of the Biden administration's more aggressive consumer-focused policies.

  • July 31, 2024

    Black Worker Says PBGC Didn't Promote Him Due To His Race

    The Pension Benefit Guaranty Corp. passed over a Black worker for a senior director role in favor of a less qualified white woman and retaliated against him for a previously filed race discrimination complaint, a lawsuit filed in D.C. federal court said.

  • July 31, 2024

    NC Defense Attys Say Virus Law Case Can 'Unsettle' Immunity

    A North Carolina defense attorney group asked to jump into a medical malpractice suit in the state's high court Wednesday, offering what it described as a warning that if a decision stands on a COVID-19 law, immunity from lawsuits will be "unsettled."

  • July 31, 2024

    Corteva Unit Ordered To Search 110K Boxes For PFAS Docs

    A former North Carolina Superior Court judge in charge of ironing out a dispute between the state and a Corteva Inc. subsidiary over allegedly missing documents ordered the company to search through 110,000 boxes for information related to "forever-chemicals," finding it failed to give assurance the boxes were thoroughly searched.

  • July 31, 2024

    Age Limits On Owning Senior Units Unlawful, NJ Panel Says

    A New Jersey appellate panel on Wednesday backed a lower court's finding that a Garden State municipality's ordinance limiting property ownership in senior housing communities to those 55 years old or older violated the federal Fair Housing Act and state Law Against Discrimination, holding that both statutes prohibit discrimination based on familial status.

  • July 31, 2024

    PayPal Alum Joins Forensic Consultancy As Crypto Leader

    Compliance consultancy and investigations firm Forensic Risk Alliance said Wednesday that it's hired an alum of PayPal and Paxos to direct its global cryptocurrency investigations and compliance practice.

  • July 31, 2024

    Minn. Tax Court Agrees Parking Lot's Value Is $4M, Not $10M

    A Minneapolis parking lot would be best valued as a buy-and-hold investment property and thus its assessed value should be lowered from $10.3 million to $3.9 million, the Minnesota Tax Court said.

  • July 31, 2024

    Minn. Shopping Center's $97M Value Upheld By State Justices

    A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.

  • July 31, 2024

    Pa. Court Says Mail-In Ballot Images Are Public Records

    Scanned copies of Pennsylvanians' absentee and mail-in ballots are public records subject to the state's Right-to-Know Law, even though copies of votes cast in person are not, a state appellate court ruled Wednesday.

  • July 31, 2024

    Where Trump's 4 Criminal Cases Could Stand On Election Day

    A landmark U.S. Supreme Court decision on presidential immunity, a dismissal order from a trial judge in Florida and scandal in Georgia threaten to derail state and federal criminal cases that had been moving full steam ahead against Donald Trump just a few months ago.

  • July 31, 2024

    Copyright Office Warns Of 'Urgent Need' For Deepfakes Law

    The U.S. Copyright Office said Wednesday that "there is an urgent need" for new federal legislation to tackle the proliferation of deepfakes created through artificial intelligence, saying in a long-awaited report with recommendations to Congress that "an era of sophisticated digital replicas has arrived."

Expert Analysis

  • Takeaways From High Court's Tribal Health Admin Cost Ruling

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    The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.

  • Navigating Antitrust Considerations In ESG Collaborations

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    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Considerations For Federal Right Of Publicity As AI Advances

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    Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.

  • FTC Focus: Private Equity Investments In Healthcare

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    As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.

  • What Patent Litigators Should Know About CHIPS Act Grants

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    With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.

  • Jarkesy's Impact On SEC Enforcement Will Be Modest

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    Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.

  • Opinion

    Data Breach Reporting Requirements Must Change In AI Age

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    Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.

  • Unpacking HHS' Opinion On Cell Therapy Refund Programs

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    A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • What Chevron's End Means For How Congress Does Business

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    The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.

  • How 5 States' Deal Notification Laws Are Guiding Healthcare

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    Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

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