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Public Policy
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July 02, 2024
Tribal Nations Want In On Red States' Water Rule Dispute
Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.
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July 02, 2024
Apple Says It's Too Early For Discovery In DOJ Antitrust Case
There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.
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July 02, 2024
Wash. Court OKs Anti-Masker's School Recall Sanctions
Washington appellate judges said Tuesday an Evergreen State man waited too long to appeal $30,000 in sanctions and ruled the trial court was justified in pinning most of the blame on him — instead of his attorneys — for filing baseless recall petitions to dissuade school board members from complying with a state COVID-19 mask mandate.
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July 02, 2024
Chamber, Pharma Slam Colorado Drug Price Controls
The U.S. Chamber of Commerce and a prominent pharmaceutical industry group have urged a Colorado federal court to bar a state review board from setting price controls on prescription drugs, arguing that the practice is "irreconcilable" with federal patent law.
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July 02, 2024
Ga. Justices Say COVID Order Tolls Med Mal Repose Statute
The Georgia Supreme Court on Tuesday said that a judicial emergency order handed down during the COVID-19 pandemic can be used to toll the state's five-year medical malpractice statute of repose.
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July 02, 2024
Charter Justified Firing Of Lactating Worker, 10th Circ. Says
A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.
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July 02, 2024
'Idle' Ga. Election Officials Holding Up Suit, Judge Told
Lawyers for an array of plaintiffs challenging portions of Georgia's 2021 election overhaul law attempted with one hand to convince a federal judge Tuesday not to scuttle their claims before a trial, while with the other urged the court to put the suit on ice until "dysfunctional" elections officials get their act together.
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July 02, 2024
4th Circ. Won't Rethink Google Ad Subpoena Decision
The Fourth Circuit denied a request on Tuesday to reconsider its ruling finding that a South Carolina agency must respond to Google's document request for a case accusing the tech giant of monopolizing key digital advertising technology.
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July 02, 2024
NCDOT, Motorist On Hook For $38M In Crosswalk Crash Case
A North Carolina state court jury has awarded $38 million to a motorist who suffered paralysis after she was hit by a car, in a suit accusing the North Carolina Department of Transportation of causing the collision by improperly designing a crosswalk.
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July 02, 2024
Gig Drivers' Union Rights Make It To Mass. Ballot
Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced.
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July 02, 2024
Georgia Wants 11th Circ. To Undo Blocks On Election Law
The state of Georgia has urged the Eleventh Circuit to undo the enjoining of two provisions of the state's controversial 2021 election law, including a ban on handing out food and drinks to voters waiting in line that the state called a "prophylactic" against electoral interference.
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July 02, 2024
Calif. Tribe Members Say Racial Ancestry Case Is Valid
Family members seeking control of the California Valley Miwok Tribe have told a federal court that the U.S. Department of the Interior wrongly claims they must submit to a process designed to determine their racial ancestry, even though the process is unregulated.
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July 02, 2024
Paxton Slammed For 'Intolerable' Bid To Shutter El Paso Org
Texas Attorney General Ken Paxton's efforts to shut down a Catholic nonprofit he has accused of smuggling and harboring migrants is "outrageous and intolerable," an El Paso County judge ruled Tuesday, blasting him for using his administrative power to push "his own personal beliefs or political agenda."
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July 02, 2024
Captioning Providers Worried About FCC Rate Cuts
Companies that provide captioned telephone service for people with hearing and speech disabilities are criticizing a Federal Communications Commission proposal to reduce rates paid to providers, saying that successive rate cuts could jeopardize their credit lines and diminish their ability to raise capital if the agency doesn't change course.
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July 02, 2024
House Dems Urge More F-16 Training For Ukrainian Pilots
Fifteen House Democrats implored the U.S. Department of Defense on Monday to support Ukraine's request to train 10 additional pilots on F-16 fighter jets this year.
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July 02, 2024
Court Must Toss Customs Broker's Unripe Suit, Feds Say
U.S. Customs and Border Protection pushed to dismiss a customs broker's suit over its allegedly unlawful removal from two programs that expedite import entries at the border, saying its decisions were not final and are, therefore, not ready for judicial review.
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July 02, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 150 times in June on issues including broadband map accuracy, next-generation 911, prison phone rates, a new missing-persons code and rules to restrict bulk billing in apartment buildings.
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July 02, 2024
Turkish Co. Says Feds Mistook Tax Exemptions For Subsidies
A Turkish steel company challenged new countervailing duties on steel concrete rebar, telling the U.S. Court of International Trade that the federal government allegedly misidentified a widely available tax exemption as a subsidy providing an unfair market advantage.
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July 02, 2024
Gov't Urged To Gauge TransDigm Deals' Effect On Defense Biz
Three Democratic lawmakers are pressing the U.S. Department of Defense and antitrust enforcers to review an aerospace company's recent acquisition of two other companies, citing antitrust and price gouging concerns.
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July 02, 2024
Colo. City Housing Authority Says Board Can't Be Fired At Will
A Colorado city's ordinance violates state law because it gives the mayor the power to replace the commissioners of the city's housing authority without just cause, the housing authority has claimed in Colorado state court.
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July 02, 2024
Pharma Co. Scores Exit In Investor Suit Over Primate Imports
A Massachusetts federal judge tossed every claim in a proposed class action claiming that pharmaceutical company Charles River Laboratories and its executives concealed their involvement in the illegal importation of nonhuman primates for research, ruling that the disputed statements are not false or misleading.
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July 02, 2024
DOL Sends Final Rule On Mental Health Parity To White House
The U.S. Department of Labor transmitted a final rule to the White House for review designed to boost employer health plans' compliance with a law requiring equal coverage of mental health and substance use disorder treatments compared to physical care, according to a regulatory filing posted online.
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July 02, 2024
CFPB's Founding Fair Lending Chief Heads For Exit
Patrice Ficklin, the longtime top fair lending official at the Consumer Financial Protection Bureau, is leaving the agency later this month after more than a decade leading its efforts to oversee the financial industry's compliance with federal laws banning credit discrimination.
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July 02, 2024
McKinsey Wants To Arbitrate Ex-Partner's Defamation Suit
McKinsey & Co. has urged a New York state judge to send to arbitration or dismiss a former partner's defamation lawsuit alleging the consulting giant tried to make him a scapegoat for purported evidence destruction amid a U.S. Department of Justice probe into McKinsey's work with opioid makers.
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July 02, 2024
'Angry' Connecticut AG Probing Music Festival Fiasco
Connecticut Attorney General William Tong on Tuesday announced that his office has launched an investigation into a three-day rock music festival organized by Capulet Entertainment LLC that drew big-name bands before the venue changed at the last minute, leading numerous acts to drop out and forcing attendees to abandon their outdoor camping plans.
Expert Analysis
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Kansas Workers' Comp. Updates Can Benefit Labor, Business
While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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What Lies Behind Diverging US And UK Insolvency Trends
Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.
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Liquidity Risk Management Tops NCUA Exam Priorities
As credit unions map their regulatory initiatives and audit plans, they should look to the National Credit Union Administration’s annual supervisory priorities, which include five important examination areas, including liquidity management and interest rate risk, say Juan Arciniegas and Judy Chen at Chapman and Cutler.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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Regulating Resurrected Species Under The ESA
As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.
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A Look At FERC's Plan To End Reactive Power Compensation
A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.
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How FTC's Noncompete Rule May Affect Exec Comp Packages
In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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5 Takeaways From FDA's Biosimilars Promotion Guidance
New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.