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Public Policy
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September 18, 2024
Feds Oppose Bid To Block EPA Mercury Rule At High Court
The U.S. Environmental Protection Agency, several blue states and a coalition of green groups on Monday asked the U.S. Supreme Court to reject an effort to reverse the D.C. Circuit's decision allowing the EPA to implement a mercury air pollution rule.
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September 18, 2024
BIPA Doesn't Conflict With Kids Safety Law, Judge Rules
An Illinois federal judge on Tuesday rejected Meta's bid to dismiss a biometric privacy class action alleging it improperly stored Messenger and Messenger Kids users' facial geometries to apply bunny-ear and other filters, finding a federal child privacy law does not preempt the suit.
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September 18, 2024
NJ Steel Co. Says OSHA Review Agency Is Unconstitutional
A New Jersey steel fabrication company has told a New Jersey federal court that an independent federal commission shouldn't decide whether it has to pay nearly $350,000 in proposed penalties from the Occupational Safety and Health Administration, arguing the commission's structure violates the separation of powers clause of the U.S. Constitution.
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September 18, 2024
Toss Atty Input Overboard, Says Org. In Blackbeard Image Spat
A marine research organization and a state cultural resources agency have urged the North Carolina Business Court to scrap testimony from attorneys from trial evidence in a contract battle over the use of images and video of Blackbeard's shipwreck.
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September 18, 2024
NC Panel Won't Undo Energy Rates In Solar Incentives Row
The North Carolina state appeals court has declined to unravel the state's revised energy rates for residents with rooftop solar power, saying that while the North Carolina Utilities Commission erred by concluding it was not required to conduct a cost-benefit investigation, it de facto carried out such an inquiry anyway.
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September 18, 2024
Bipartisan Bill Would Boost Acquisition Council's Authority
A bipartisan group of House lawmakers has introduced a bill to boost a federal advisory council that makes recommendations for mitigating risks within federal supply chains, giving the council more funding and the ability to issue binding removal orders for risky technologies.
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September 18, 2024
Senate Panel Backs Bill Easing Pot Rules For Federal Hires
A Democrat-backed bill that would curb federal agencies' ability to use past medical or recreational cannabis use as a factor in hiring and security clearance decisions was advanced out of a Senate committee Wednesday, paving the way for a vote before the whole chamber.
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September 18, 2024
Fla. Judge Keeps Tribe's CWA Permitting Power Row On Hold
A Florida federal judge on Wednesday further extended his pause of the Miccosukee Tribe of Indians' lawsuit claiming the U.S. Environmental Protection Agency improperly granted Florida authority over a Clean Water Act permitting program, while the D.C. Circuit considers an appeal in a similar case.
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September 18, 2024
House Panel Easily Passes Mandate For AM Radio In Cars
Congress has inched closer to passing a mandate on the auto industry to keep putting AM radio devices in cars, with a key House committee overwhelmingly approving the bipartisan bill Wednesday and brushing past some lawmakers' concerns about over-regulation.
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September 18, 2024
Groups Seek To Sway FCC's Campaign Ad AI Disclosure Plan
Consumer advocates want the Federal Communications Commission to strengthen its planned rules to require broadcasters to disclose the use of artificial intelligence in political ads, while the effort continues to draw strong conservative opposition.
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September 18, 2024
No Rehearing For 10th Circ. Methane Rule Challenge
A Tenth Circuit panel rejected a request to reconsider its decision to throw out a ruling that partially invalidated an Obama-era rule limiting venting, flaring and leaks from oil and gas wells on federal land.
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September 18, 2024
Mich. Town Wants Stay During Appeal Over $2B Battery Plant
A central Michigan township has asked a federal judge to pause enforcement while it appeals a previous ruling finding local officials violated a development agreement by trying to withdraw support for a more than $2 billion battery components plant to be built by Gotion Inc.
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September 18, 2024
Del. Justices Grapple With Noncompete Litigation Limits
An attorney for residential solar power system dealer Sunder Energy LLC told Delaware's top court Wednesday that the Chancery Court last year relied on a case record "procedurally anomalous and bereft of fact" when it denied a preliminary injunction in a noncompete suit targeting a co-founder and two competitors.
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September 18, 2024
GEO Can't Keep ICE Detention Case In Federal Court
Private prison contractor GEO Group Inc. will have to return to state court to fight allegations that it wouldn't let Washington public health inspectors into an immigration detention center, a Washington federal judge has ruled, saying the court has already debunked the same defenses in related cases.
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September 18, 2024
Harvard Rips Morgue Theft Appeal's Immunity Claim
Harvard University told Massachusetts' intermediate-level appeals court that litigation over the alleged theft and sale of cadaver body parts from its medical school's morgue relies on a "crabbed" reading of an immunity law related to anatomical gifts.
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September 18, 2024
DOL Points To 5th Circ. Ruling To Save Contractor Wage Hike
A recent Fifth Circuit decision ruling that the U.S. Department of Labor could raise salary levels for overtime-exempt workers clarifies that the major questions doctrine should stay out of a case challenging the minimum wage increase for federal contractors, the DOL told the appeals court.
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September 18, 2024
SEC's Equity Trading Reforms Allow Half-Penny Stock Pricing
The U.S. Securities and Exchange Commission on Wednesday unanimously agreed to allow exchanges to quote stock prices in half-penny increments, part of a wider overhaul purportedly aimed at improving transparency and lowering trading costs.
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September 18, 2024
Thermo Fisher Late To Pay Departing Workers, Engineer Says
Thermo Fisher Scientific Inc. and a subsidiary failed to promptly pay all final wages and unused vacation time to departing employees and must now cough up three times the amount of that compensation because of its violation of Massachusetts law, according to a proposed class action filed in state court.
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September 18, 2024
Calif. Atty Can't Escape Billing Scandal's Hacking Claim
A San Fernando Valley attorney will have to face his ethics case that alleges he tried to hire "Israeli military hackers" to access personal accounts of a judge overseeing a public utility class action, after the California State Bar court rejected his motion to dismiss.
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September 18, 2024
Senate Confirms Calif. Judge To Federal Bench
The Senate voted 49-44 on Wednesday to confirm Judge Michelle Williams Court to the Central District of California.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
Treasury Floats Tax Credit Regs For EV Charging Property
The U.S. Treasury Department proposed regulations Wednesday to define which electric vehicle charging ports, hydrogen fueling stations and other infrastructure that businesses, people and tax-exempt entities can build in underserved communities to qualify for a tax credit of up to 30% of installation costs.
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September 18, 2024
Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes
California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.
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September 18, 2024
Wayne State Law Student Refused Accommodations, School Says
Wayne State University argued Wednesday it did not violate the Americans with Disabilities Act by not letting a law student attend class virtually, telling a Michigan federal judge the student, who sued the university, turned down its offers of in-class accommodations, on-campus housing and other resources to help her attend lectures.
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September 18, 2024
Chicago Slams Airline Group's Suit Against Sick Leave Law
Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.
Expert Analysis
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What Patent Litigators Should Know About CHIPS Act Grants
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.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
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.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
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.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
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.
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Series
Rock Climbing Makes Me A Better Lawyer
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.
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What Chevron's End Means For How Congress Does Business
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.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
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.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
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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Examining Chancery's Relaxed New Confidential Filing Rules
The Delaware Court of Chancery’s overhauled Rule 5.1, which governs confidential filings, risks permitting nonconfidential information to be shielded from public review unless and until a challenge notice is filed — but several potential solutions could help to override this issue, says Delaware attorney Daniel J. McBride.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Behind The Delay Of Final HSR Premerger Filing Rules
Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.