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Public Policy
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June 26, 2024
NJ Shore Town Asks Court To End Bar's Teen Night
A Garden State beach town asked a New Jersey federal judge to put an end to a popular bar's Teen Night after the establishment said it will continue to hold the twice-weekly events despite a borough ordinance banning them, claiming the events lead to raucous and illegal behavior.
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June 26, 2024
Ex-Seattle Cancer Center Worker Settles Suit Over 'Woke' DEI
A former clinical social worker for Seattle's Fred Hutchinson Cancer Center has agreed to drop her lawsuit accusing management of firing her for protesting diversity programming as laden with "woke" identity politics, according to a recent stipulation filed in Washington federal court.
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June 26, 2024
Fed. Circ. Says No Fees For HID Global In Patent Suit
The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.
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June 26, 2024
Big Banks Cleared Fed's Stress Tests, Despite 'Higher Losses'
The Federal Reserve said Wednesday that the nation's big banks have enough capital on hand to ride out a simulated recession, giving them passing marks in the latest round of stress tests as regulators debate tougher rules that could raise capital requirements further.
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June 26, 2024
Judge Won't Free Texas Officials From Lengthy Detention Suit
A Texas federal judge refused to toss four migrants' claims that state officials detained them for longer than allowed, saying they have pled enough misconduct that, if true, would show the officers were aware they were holding detainees for weeks past their release date.
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June 26, 2024
8th Circ. Won't Pause PWFA Regs During GOP States' Appeal
The Eighth Circuit declined to block U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act while several Republican state attorneys general challenge the dismissal of their suit targeting the rule's abortion coverage.
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June 26, 2024
Alaska Natives Call EPA Pebble Mine Veto Unconstitutional
Two Alaska Native American groups are asking a federal court to strip the U.S. Environmental Protection Agency of its power to block projects — like a controversial mine in the state — under the Clean Water Act.
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June 26, 2024
House GOP Gears Up For The End Of Chevron Deference
A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.
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June 26, 2024
Rep. Seeks Info On Sex Allegations Against Ex-GMU Law Prof
The chair of the U.S. House Committee on Education and the Workforce has requested information in a letter to the president of George Mason University and its law school's dean regarding the institution's response to sexual misconduct allegations against former professor Joshua Wright, who is also a former Federal Trade Commission commissioner.
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June 26, 2024
Candidate's Nickname 'Fighter' Won't Be On Fla. Ballot
The Florida Department of State has denied a request by an Orlando law firm owner running for state attorney to include his nickname "Fighter" on the Aug. 20 primary ballot.
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June 26, 2024
House GOP Mulls Little-Used Inherent Contempt For Garland
A group of House Republicans are giving Attorney General Merrick Garland until Friday morning to comply with their demands for the audio recordings of President Joe Biden and his ghostwriter speaking with special counsel Robert Hur during his investigation into Biden's handling of classified documents before they move forward with a vote to hold him in inherent contempt of Congress.
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June 26, 2024
Paul Weiss Launches Multidisciplinary Investigations Practice
Paul Weiss Rifkind Wharton & Garrison LLP has started an official practice to handle clients' most sensitive and complex internal investigations and enforcement matters.
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June 26, 2024
FCC Allows Foreign Stake In Montana Telecom After Review
The Federal Communications Commission is allowing a pair of foreign nationals to move forward with their acquisition of Montana telecommunications company iSmart and its multinational parent, saying the federal government concluded a national security review of the transfer and that iSmart's parent company, Truphone, satisfied requirements from a 2022 consent decree it entered with the FCC.
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June 26, 2024
NC Bar Rips Immigration Atty's 'Absurd' Disbarment Appeal
The North Carolina State Bar urged a state appellate court not to entertain an immigration attorney's appeal of his disbarment, stating that his appeal featured arguments that came too late and otherwise relied on a fallacious and "incoherent" reading of disciplinary regulations with "absurd results."
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June 26, 2024
Feds' 5th Circ. Win On Preventive Care May Imperil ACA
The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.
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June 26, 2024
High Court 'Inadvertently' Posts Order Punting Abortion Case
The U.S. Supreme Court mistakenly released a draft order Wednesday that would allow emergency abortions in Idaho, with a majority saying the court was wrong to consider a state challenge at this time.
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June 26, 2024
Some Asian Paper Plates May See Duties Over 300%
The U.S. Department of Commerce teed up preliminary countervailing duties on Chinese and Vietnamese paper plates exceeding 300%, finding that producers are likely receiving government subsidies giving them an unfair advantage in the U.S. market.
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June 26, 2024
Macy's Email Demand Violates Privacy Law, Shopper Says
A requirement that Massachusetts consumers making online purchases from Macy's provide an email address to complete a transaction violates the state's consumer privacy law, a proposed class action filed Tuesday alleges.
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June 26, 2024
Justices Say Bribery Law Doesn't Criminalize Gratuities
The U.S. Supreme Court on Wednesday narrowed the scope of a federal bribery law frequently used in corruption cases against local officials, in a 6-3 ruling in favor of a former Indiana mayor who argued the law only criminalizes quid pro quo bribery and not rewards given after an official act.
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June 26, 2024
High Court Axes Challenge To Biden Admin's Social Media Work
The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.
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June 26, 2024
Crypto ATM Co. Coinme Taps MoneyGram Atty As Legal Head
Crypto exchange and kiosk operator Coinme has brought on the former general counsel at payments firm MoneyGram to head its legal and compliance departments, the firm said on Wednesday.
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June 26, 2024
Biden Pardons Veterans Convicted For LGBTQI+ Status
President Joe Biden on Wednesday pardoned thousands of LGBTQI+ military veterans who were convicted of crimes and forced out of the military across more than 60 years based solely on their sexual orientation or gender identity.
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June 25, 2024
Bank Groups Rip CFPB Stance On Wire Rules In NY's Citi Suit
Banking trade groups have slammed the Consumer Financial Protection Bureau for backing the New York attorney general's office in a lawsuit over Citibank's handling of online wire fraud claims, arguing the agency's support for a key legal position in the case marks a "complete reversal" from its past views.
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June 25, 2024
Public Pensions Have Personnel Authority, Calif. Panel Rules
A county public employee retirement system has the authority to create employment classifications and set its employees' salaries, a California appellate court ruled Monday, reviving the Los Angeles County Employees Retirement Association's lawsuit seeking confirmation of its authority to make key personnel decisions.
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June 25, 2024
2 Federal Judges Stall Biden's Student Loan Debt Relief
Federal judges in Kansas and Missouri on Monday partially blocked the Biden administration from implementing its latest student debt relief program, with both finding that Congress did not give clear authorization through the Higher Education Act for the loan forgiveness plan, as argued by the federal government.
Expert Analysis
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BF Borgers Clients Should Review Compliance, Liability
After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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New TSCA Risk Rule Gives EPA Broad Discretion On Science
The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Opinion
Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill
After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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What's New In Kentucky's Financial Services Overhaul
Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.