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Public Policy
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September 03, 2024
Feds Float 650% Antidumping Duty On Chinese Paper Plates
The U.S. Department of Commerce previewed antidumping tariffs exceeding 650% on paper plates from nearly two dozen Chinese companies that refused to cooperate with U.S. officials investigating claims that the products are being dumped in the U.S.
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September 01, 2024
Jackson Sees No 'Reason' To Not Enforce High Court Ethics
U.S. Supreme Court Justice Ketanji Brown Jackson said Sunday that she's seen no "persuasive reason" why members of the nation's highest court shouldn't be held to an enforceable code of conduct, becoming the second justice to publicly endorse proposed ethics reform following a year of heightened public scrutiny.
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August 30, 2024
Pa. County's Voting Machine Inspections Cost It $1M In Fees
A Pennsylvania county whose commissioners violated a court order by allowing outside inspectors to access its voting machines should pay Dominion Voting Systems and the Pennsylvania Secretary of the Commonwealth more than $1 million in legal fees as part of the state supreme court's sanctions, an appellate judge recommended Friday.
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August 30, 2024
Expert Doesn't Back Certain Tribal Fishing Rights, Judge Says
A Washington federal judge has granted the Upper Skagit Indian Tribe's bid to amend his earlier order questioning whether the Stillaguamish Tribe had ever fished in certain saltwater near Puget Sound, ruling after examining expert testimony in the tribes' fishing rights battle that historical evidence fails to show that Stillaguamish ever caught sea life there.
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August 30, 2024
$100M Deal Finally Ends MoneyGram Unclaimed Property Fight
Delaware will be giving back more than $100 million from uncashed MoneyGram checks to the states where they were bought after finally reaching a settlement with 29 other states that took the matter all the way to the U.S. Supreme Court.
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August 30, 2024
CrowdStrike VP Called To House Hearing On Global IT Outage
A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm.
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August 30, 2024
Calif. Legislature OKs Ban On 6 Food Dyes In Public Schools
California's State Legislature on Thursday passed the nation's first-ever bill aimed at banning public schools in the state from serving foods to children that contain Red 40 and other synthetic food dyes, sending the law to the governor's desk.
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August 30, 2024
Supply, Worker Shortages Prompt 'Rip And Replace' Leniency
Citing shortages of network gear and work crews, the Federal Communications Commission granted additional time, generally six months, for several telecom carriers to comply with their obligations to "rip and replace" Chinese network equipment.
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August 30, 2024
UK Drops Antitrust Probe Into School Software Co.
A United Kingdom school software company is no longer facing antitrust scrutiny over alleged litigation threats against schools looking to switch providers, but the firm continues to suggest that it may take action against the "misuse of its intellectual property" that it says complaints to authorities were meant to hide.
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August 30, 2024
DOJ Warns Of Harm From Special Counsel Tapes' Release
The House Judiciary Committee Republicans demanding Attorney General Merrick Garland release audiotapes of President Joe Biden's interviews over Biden's handling of classified documents while vice president "would cause significant harm to law enforcement interests," the U.S. Department of Justice has told a D.C. federal court.
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August 30, 2024
HHS Wins Escape From Low-Income Hospital Payment Fight
A D.C. federal judge on Friday agreed to toss a lawsuit brought by a group of hospitals against the U.S. Department of Health and Human Services challenging its Medicare payment determinations for low-income patients, finding the hospitals didn't exhaust their administrative remedies.
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August 30, 2024
Missouri Ban On Some Psychoactive Foods To Hit Sept. 1
Missouri Gov. Mike Parson's ban on consumables "containing psychoactive cannabis products" will go into effect Sunday, according to an announcement by state health regulators.
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August 30, 2024
Axon Pushes FCC Again For New Surveillance Device OKs
Police body cam maker Axon again pressed the Federal Communications Commission to approve the use of three surveillance devices, emphasizing they will only be used briefly for law enforcement situational awareness.
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August 30, 2024
Nebraska Expected To Vote On Medical Marijuana Legalization
Medical marijuana advocates have met the requirements to put a legalization question before Nebraska voters on Election Day this November, the secretary of state announced Friday.
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August 30, 2024
New York Code Council, Officials Duck Natural Gas Ban Suit
A New York federal court dropped the New York Department of State, the New York State Fire Prevention and Building Code Council and several state officials from trade groups' challenge to the state's recent ban on natural gas in new construction.
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August 30, 2024
Judge Unsure Warehouse Antitrust Suit Belongs In Fed. Court
An Illinois federal judge appeared skeptical Friday that a warehouse developer could unravel a municipal contract with several real estate companies accused of violating antitrust laws, questioning if the plaintiff was truly harmed by the deal or a related judgment its rivals later won in state court.
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August 30, 2024
Mich. Justices Reject College Students' COVID Refund Appeal
The Michigan Supreme Court said Friday it won't revive college students' lawsuits seeking refunds over the switch to virtual instruction during the early months of the COVID-19 pandemic, cementing wins for three universities.
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August 30, 2024
Cable Cos. Seek Latitude To Define BEAD Service Areas
If Texas wants to make the most of its $3.3 billion in Broadband Equity, Access and Deployment program money, it should allow participants the latitude to craft their own project areas when deciding which locations to build broadband infrastructure for, a major cable trade group told the state's broadband office.
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August 30, 2024
5th Circ. Rejects SEC Whistleblower Award Calculation Appeal
The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.
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August 30, 2024
Steward Says It Has Deal To Avert Some Hospital Closures
Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.
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August 30, 2024
'Guesswork' Underlies Red States' NEPA Challenge, Feds Say
The Biden administration is making its own push for summary judgment in its battle with 21 Republican-led states over a new environmental permitting rule, arguing in North Dakota federal court that their suit fails on standing and ripeness and relies on pure "guesswork" about how the rule will be implemented.
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August 30, 2024
Feds Propose Tribal Oversight Of Utah National Monument
Nearly 2 million acres of public lands within Utah's Grand Staircase-Escalante National Monument will be managed by a co-stewardship of tribal nations, with a focus on conservation and preservation, according to a proposed plan by the U.S. Bureau of Land Management.
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August 30, 2024
CFTC Grants Clearing Status To Courtroom Foe Kalshi
The U.S. Commodity Futures Trading Commission has given the all clear for a division of derivatives startup Kalshi to serve as an intermediary in the swaps market, even as the pair continue to duke it out in court over the trading platform's rebuffed request to participate in the stalled elections betting market.
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August 30, 2024
Danish Gov't Pledges No Ponzi Analogies At $2.1B Tax Trial
The Danish tax authority won't compare pension funds, investors and attorneys it has accused of defrauding Denmark in a $2.1 billion tax refund scheme to a Ponzi scheme or infamous perpetrator Bernie Madoff, it said Friday in New York federal court.
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August 30, 2024
Harris Admin Would Stay Course On Tough Antitrust Policy
Just two days after food and candy giant Mars announced its blockbuster $35.9 billion Kellanova purchase, Vice President Kamala Harris's campaign indicated plans to “crack down” on mergers between large food companies. That would differ significantly from another Trump presidency, which could see a generally more relaxed antitrust environment. Here, Law360 explores anticipated policy differences between the two.
Expert Analysis
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
Transpo Board Should Broaden Ex Parte Rules Further
The Surface Transportation Board's 2018 ex parte rule reform was an important step in increasing agency engagement with stakeholders — but the board should build on that progress by expanding the windows for communications in informal rulemakings, encouraging more communications with staff, and making other changes, say Matthew Warren and Allison Davis at Sidley.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.