Public Policy

  • November 01, 2024

    College Athletes' Attorney Rebuffs NIL Settlement Critics

    A key architect of the landmark antitrust settlement forcing the National Collegiate Athletic Association to pay over $2.7 billion and set up a revenue-sharing system for athletes defended the deal against a slew of objectors Friday, explaining that the arrangement delivers a windfall for the athletes as quickly as possible.

  • November 01, 2024

    FERC In Position To Ride Out Any Election Day Upheaval

    The ongoing work of a reloaded Federal Energy Regulatory Commission isn't likely to be disturbed by a new president in the White House next year, although FERC watchers say concerns that a Trump administration could challenge the agency's historic independence can't be brushed off.

  • November 01, 2024

    Up Next At High Court: Fed Funds & Securities Risks

    The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.

  • November 01, 2024

    2024 Election Could Be Crossroads For Clean Energy Funding

    Election Day will present a multibillion-dollar fork in the road for the energy industry and its reliance on the federal government to help fund its decarbonization efforts, energy attorneys say.

  • November 01, 2024

    US Must Revamp Spectrum Policy To Compete, Org. Says

    The U.S. is on the verge of a "great strategic blunder" by allowing its spectrum auction authority to lapse and setting aside too much spectrum for short-range unlicensed wireless use, risking the loss of its competitive edge to China, a think tank says.

  • November 01, 2024

    Pennsylvania's Attorney General Race: Four Things To Know

    In the race for Pennsylvania Attorney General, a former county prosecutor and a two-term auditor general are facing off for the chance to be the Keystone State's top lawyer — both with ties to York, Pennsylvania, and Widener University Commonwealth Law School in Harrisburg. But whether they'd be more at home in the office's criminal prosecution or civil litigation roles depends on the candidate.

  • November 01, 2024

    10 More NJ Counties Settle Over Use Of 'County Line' Ballot

    Ten more New Jersey counties have agreed or tentatively agreed to stop using the Garden State's long-standing "county line" ballot design in primary elections, according to a flurry of recent filings, signaling the end of Rep. Andy Kim's challenge to the controversial ballot design.

  • November 01, 2024

    Danish Tax Agency To Settle With Atty In $2.1B Tax Fraud Suit

    Denmark's tax authority has agreed to settle with an attorney whom it has accused of helping clients claim fraudulent tax refunds in a sprawling $2.1 billion case, according to a letter by its attorney in New York federal court.

  • November 01, 2024

    Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal

    In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.

  • November 01, 2024

    GOP Gains Could Prompt Push For Endowment Tax Hike

    If Republicans make significant gains in the upcoming elections, it could clear the way for GOP lawmakers to push to boost taxes on the endowments of some private colleges and universities.

  • November 01, 2024

    Ga. Justices Uphold Toss Of Lawmakers' Capitol Protest Suit

    The Georgia Supreme Court on Thursday upheld the dismissal of a lawsuit filed by a former state lawmaker, a current state lawmaker and several others who argued that a law used to justify their arrests while protesting at the state Capitol was unconstitutionally overbroad.

  • November 01, 2024

    Michigan's Supreme Court Tosses Pandemic Powers Ruling

    The Michigan Supreme Court on Friday cast aside a ruling that invalidated a public health law used during the COVID-19 pandemic to curb gatherings and close restaurants, saying the issue is moot because orders issued under the law expired years ago.

  • November 01, 2024

    4 States To Vote On Expanding Cannabis Or Psychedelics

    On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal— will decide whether to decriminalize and regulate certain psychedelics.

  • October 31, 2024

    Trump Sues CBS For $10B Over 'Doctored' Harris Interview

    Former President Donald Trump on Thursday lodged a $10 billion "election and voter interference" suit against CBS News in Texas federal court, accusing the network of deceptively doctoring Vice President Kamala Harris' answer to a question concerning Israeli Prime Minister Benjamin Netanyahu from a "60 Minutes" interview earlier this month.

  • October 31, 2024

    Ex-Trump Atty Chesebro's Law License Suspended In NY

    Kenneth Chesebro's law license was suspended in New York State on Thursday over his role supporting former President Donald Trump's alleged efforts to overturn Georgia's 2020 election results, with the suspension a result of his guilty plea last year for conspiracy to commit filing false documents.

  • October 31, 2024

    GOP Groups Urge 11th Circ. To Restore Ga. Election Law

    National and Georgia state Republican political committees have pressed the Eleventh Circuit to overturn a lower court's order that paused controversial portions of a Peach State election bill, arguing the law is legal and needed to ensure secure elections.

  • October 31, 2024

    2nd Circ. Says Naturalized Citizens Owed Adequate Counsel

    The full Second Circuit determined Thursday that a naturalized U.S. citizen considering whether to enter a guilty plea has a constitutional right to be advised by counsel that they may lose their citizenship as a result.

  • October 31, 2024

    Cable Cos. Seek Looser TV Blackout Reporting Rules At FCC

    A major cable industry trade group is asking the Federal Communications Commission to scale back proposed blackout reporting requirements, arguing that heightened reporting mandates should only apply to blackouts of major network feeds.

  • October 31, 2024

    1st Circ. Urged To Rethink Ruling On Maine Cannabis Grow

    The First Circuit should reconsider its decision to allow the prosecution of a Maine marijuana entrepreneur whom the Feds say was operating an illicit grow site, arguing that it's unclear how far a licensed operator can stray from state cannabis law before federal law enforcement can get involved.

  • October 31, 2024

    Crypto Lobby Says Members Spent $426M Fighting SEC

    The Blockchain Association, a cryptocurrency lobby, said in a report released Thursday that its members reported incurring $426 million in legal costs so far defending actions from the U.S. Securities and Exchange Commission.

  • October 31, 2024

    EPA Can't Declare La. Deadline Extension Invalid, 5th Circ. Told

    A Louisiana neoprene maker on Wednesday told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension that the state granted to the company, which is being sued by the EPA.

  • October 31, 2024

    X Corp. Plays Discovery 'Games' To Shield Musk, Judge Told

    Left-leaning watchdog Media Matters for America fired another broadside at X Corp. Wednesday in an ongoing discovery battle between the parties, telling a Texas federal judge that the social media company continues to "play games about discovery" to shield Elon Musk and keep unfavorable evidence from the defendants.

  • October 31, 2024

    Warren Says DOJ's 'Legal Gymnastics' Let TD Bank Off Easy

    U.S. Sen. Elizabeth Warren, D-Mass., pressed Attorney General Merrick Garland on Thursday over what she characterized as a lax settlement agreement for TD Bank earlier this month and the Justice Department's "legal gymnastics" that left top bank executives off the hook.

  • October 31, 2024

    Ga. Justices Kill Free Speech Challenge To Strip Club Tax

    A Georgia tax on strip clubs that's used to fund child trafficking prevention efforts has been upheld by the state's highest court, which said in a split decision that a First Amendment challenge to the tax by club owners failed to show the levy limited their speech.

  • October 31, 2024

    6th Circ. Wrestles With Reach Of FCC's Net Neutrality Powers

    Sixth Circuit judges on Thursday sought to clear up what one described as a "close call" over how much authority Congress gave the Federal Communications Commission to regulate internet traffic when lawmakers overhauled telecommunications law in 1996.

Expert Analysis

  • Takeaways From The IRS' Crypto Doc Summons Win

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    A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.

  • A Novel Expansion Of Alien Tort Statute In 9th Circ.

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    The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Election Outcome Could Reshape Financial Industry

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    The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • 3 Steps For Companies To Combat Task Scams

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    On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.

  • NY Tax Talk: Questions In Corporate Franchise Tax Regs Case

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    In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.

  • Bitnomial Suit Highlights Crypto Turf War Between SEC, CFTC

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    An outcome favoring Bitnomial in its recent lawsuit against the U.S. Securities and Exchange Commission could reinforce the U.S. Commodity Futures Trading Commission's authority and limit the SEC's reach in the crypto arena, illustrating the need for Congress to delineate boundaries between the agencies, says Tonya Evans at Penn State Dickinson Law.

  • False Patent Marking Claims Find New Home In Lanham Act

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    While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.

  • Digging Into CFPB's Overdraft Fee Consent Guidance

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    Although a recent Consumer Financial Protection Bureau circular may seem unassuming, a closer read reveals the bureau is escalating its clampdown on nonconsensual debit card overdraft fees by expanding financial institutions' record-retention obligations beyond a two-year statutory requirement, say attorneys at Cooley.

  • Justices Face Tough Question On HHS Hospital Pay Formula

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    In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • A Look At Insurance Coverage For Government Investigations

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    Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.

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