Public Policy

January 13, 2025
Ore. Tax Court Says No Depreciation On Residences

The owners of a pair of Oregon residences were denied depreciation deductions against their state income taxes because they did not demonstrate that the homes were income-producing properties, the state tax court said.
January 13, 2025
Justices Mull Grammar In First Step Act Resentencing Case

The U.S. Supreme Court grappled with grammar-heavy arguments Monday over whether lighter sentences under the First Step Act should apply to defendants who were sentenced before the 2018 law was enacted but later resentenced after their original sentences were thrown out.
January 13, 2025
Chamber Challenges FTC And DOJ Merger Filings Overhaul

The U.S. Chamber of Commerce and other business groups have filed a legal challenge contesting the looming overhaul to merger filing notification requirements that the Federal Trade Commission and Justice Department say will fill information gaps, but that the Texas federal lawsuit contends is overly burdensome and unjustified.
January 13, 2025
Ore. Court OKs Farm Tax Break For Landfill, Corn Maze

Portions of property in a farming operation used for a corn maze and for a landfill that was part of a remediation effort are eligible for a special agricultural property tax assessment, the Oregon Tax Court ruled.
January 13, 2025
Contractor Drops Mich. Supreme Court 'Fees For Fees' Appeal

A general contractor has moved to dismiss its Michigan Supreme Court appeal of an attorney-fee award that was slashed because the contractor was found responsible for dragging out litigation with a road agency after receiving the public records it sued the agency to obtain.
January 13, 2025
Ind. Bill Would Restrict Property Tax Referendum Placement

Indiana would limit when school corporations may place referendums authorizing certain property tax levies on a ballot to general elections, under a bill introduced Monday in the state House of Representatives.
January 13, 2025
IRS Eases Process Of Insurance Co. Alternate Tax Revocation

The Internal Revenue Service laid out a streamlined process Monday by which certain insurance companies that took an elective application of an alternative tax may obtain automatic consent to revoke that election.
January 13, 2025
Ind. Senate Bill Seeks To Cap Local Property Tax Hikes

Indiana would not allow a political subdivision to increase its property tax levy if there is not an increase in the subdivision's assessed value under a bill introduced Monday in the state Senate.
January 13, 2025
FTC Says It Has Power To Modify Meta Privacy Order

The Federal Trade Commission has rejected Meta's argument that the agency lacks authority to modify a $5 billion data privacy settlement as the social media giant continues fighting an order barring it from monetizing children's data.
January 13, 2025
Special Counsel's Report On Trump's DC Case Released

With a Florida federal judge's permission on Monday, U.S. Attorney General Merrick B. Garland released the first volume of former special counsel Jack Smith's report regarding his now-abandoned election-interference case against Donald Trump in D.C.
January 13, 2025
Tax-Exempt Regs Should Cover Trust Payments, Tribes Say

Five tribal leaders told the U.S. Treasury Department on Monday that trust payments distributed to members, including those issued to minors and special-needs individuals, should be included among the tribal welfare benefits that recent proposed rules would exempt from federal income taxes.
January 13, 2025
Ga. Waste Authority Sues To Block County's Audit Attempt

A Georgia county's solid waste authority, whose finances came under scrutiny from the Federal Bureau of Investigation last year, has sued its county's government to block an effort by the county to force inspections and audits of its waste facilities.
January 13, 2025
Colo. Justices To Consider When Late Filings Are Excusable

The Colorado Supreme Court on Monday agreed to hear an oil company's case arguing its "minor" mistake of filing an appeal with a trial court, which was refiled the day after a deadline, should be excused.
January 13, 2025
Ky. House Bill Seeks Referendum Toward Axing Property Tax

Kentucky would put forward a referendum asking voters to give lawmakers the power to eliminate the state's property tax by exempting all property classes from tax under a bill introduced in the state House of Representatives.
January 13, 2025
NY Judge Unmoved By Media Dustups In Mayor's Bribe Case

Prosecutors and defense counsel should watch what they say to the press, a Manhattan federal judge overseeing New York City Mayor Eric Adams' corruption case warned in an order on Monday, though the judge declined to chastise either side over alleged rule violations.
January 13, 2025
FCC Defends T-Mobile, Sprint Privacy Fine In DC Circ.

The Federal Communications Commission is defending its decision to hit T-Mobile and Sprint with a combined $92 million in fines for selling users' sensitive location data, telling the D.C. Circuit that the wireless carriers could have received a jury trial but were not owed one.
January 13, 2025
Mich. AG Says She Is Immune From Flint Water Suit

Michigan Attorney General Dana Nessel has told a federal court she is immune from allegations that she stripped due process rights from former Gov. Rick Snyder's aide when he was among the officials indicted in the aftermath of the Flint water crisis.
January 13, 2025
Dems Seek Postponement Of Interior Secretary Hearing

Democrats on the U.S. Senate's Energy and Natural Resources Committee on Monday asked for the nomination hearing for secretary of the U.S. Department of the Interior to be delayed, claiming they haven't received the requisite documents.
January 13, 2025
Justices Won't Hear Farming Partnership's Crop Policy Fight

The U.S. Supreme Court refused Monday to review a Ninth Circuit decision backing the Federal Crop Insurance Corp.'s conclusion that a farming partnership seeking to recover its $1.9 million policy limit didn't qualify for coverage.
January 13, 2025
SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says

A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.
January 13, 2025
Wife Of Ex-Sen. Menendez Can't Delay Bribery Trial

Nadine Menendez, former U.S. Sen. Bob Menendez's wife, has lost her bid to postpone her Feb. 5 trial on bribery charges, as a Manhattan federal judge rejected her contention that her husband's sentencing on similar charges just a week prior would taint her jury.
January 13, 2025
Justices Want Solicitor General To Weigh Alaska Land Feud

The U.S. Supreme Court asked the solicitor general Monday to weigh in on a review petition filed by an Alaskan property owner embroiled in a land feud with his neighbor.
January 13, 2025
Feds Say NC Medical Biz Owner Overbilled For Nutrient Drinks

A North Carolina businessman who ran a durable medical equipment business under multiple names overbilled the state's Medicaid program $1.85 million for special enteral nutritional formulas used to treat inherited metabolic disorders when he was actually just providing people common nutritional shakes like Ensure, the federal government said.
January 13, 2025
Supreme Court Won't Hear ND Native Voting Rights Dispute

The U.S. Supreme Court won't hear a challenge by two local North Dakota Republican Party officials to a lower court's ruling that said two of the state's new House subdistricts created to prevent Native American voter dilution were legally drawn under Section 2 of the Voting Rights Act.
January 13, 2025
Supreme Court Turns Away IP Safe Harbor Dispute

The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.

Expert Analysis

What FARA Enforcement In 2024 Reveals For The Year Ahead

A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
How New Fraud Enforcement Tool Affects Gov't Contractors

Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
Predicting What's Next For SEC By Looking At Past Dissents

While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
FTC Picks Augur Pro-Business Bent For Much Of Economy

President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
Takeaways From 2024's Emerging IP Licensing Trends

Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
Searching For Insight On Requested Google Chrome Remedy

The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
Opinion

3 New Year's Resolutions For Antitrust Agencies To Consider

James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
FTC Focus: A Changing Of The Guard

While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
8 Trends And Predictions Following PE's Late 2024 Surge

Private equity will remain at the forefront of value creation in 2025, and anticipated market trends include sponsors' desire to return capital to investors and a more business-friendly tack by the Antitrust Division of the U.S. Department of Justice, say attorneys at Weil.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
How Changes In State Gift Card Laws May Affect Cos. In 2025

2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
Health Tech Regulatory Trends To Watch In 2025

With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.