Public Policy

  • November 04, 2024

    Justices Will Review Use Of Race In La.'s Election Map

    The U.S. Supreme Court agreed Monday to hear arguments over the constitutionality of Louisiana's new congressional map containing two majority-Black voting districts, in a dispute that asks the justices to harmonize the Voting Rights Act's objectives with the language of the 14th Amendment's equal protection clause.

  • November 01, 2024

    Pa. High Court Says Undated Ballots Still Won't Count Nov. 5

    The Pennsylvania Supreme Court held Friday that mail-in votes in the fast-approaching general election can still be thrown out if they have missing or "incorrect" dates on their outer envelopes, a ruling that comes just days after a state appellate court found that the practice was unconstitutional.

  • November 01, 2024

    COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms

    A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.

  • November 01, 2024

    USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight

    U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.

  • November 01, 2024

    Boeing Supplier Should Win Texas Probe Suit, Judge Says

    A magistrate judge on Friday recommended a Texas federal judge grant Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the statute is unconstitutional.

  • November 01, 2024

    Elevance Says Flawed Medicare Rating System Cost It $375M

    Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.

  • November 01, 2024

    DC Circ. Urged To Uphold Veto Of Fla. Dredge Program

    A coalition of environmental groups urged the D.C. Circuit on Friday to uphold a lower court ruling depriving Florida of its authority to issue wetland dredge and fill permits under the Clean Water Act, saying regulators must follow the rigorous laws protecting endangered species.

  • November 01, 2024

    Suit Calls School Lunch Pay Processors Junk Fee 'Bullies'

    Three parents filed a proposed class action in New Jersey federal court alleging consumer fraud against a major school lunch payment processor, saying it has misrepresented the purpose of the "junk fees" it charges for electronic transactions that are imposed on families mostly just for profit.

  • November 01, 2024

    #MeToo, Except For Migrants Fleeing Gender-Based Violence

    Women fleeing gender-based violence face an uphill battle in a U.S. asylum system that has long been perceived as largely geared toward victims of state persecution and has yet to absorb the #MeToo movement's cultural shift.

  • November 01, 2024

    The Push To End 'Prison Gerrymandering' Gains Momentum

    Opponents of so-called prison gerrymandering are having success fighting to end the practice, which they say reduces the political representation of minority communities in favor of rural, white areas, but obstacles like poor data and political opposition remain.

  • November 01, 2024

    Texas Justice Says Amici Should Get Say In Religion Case

    A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."

  • November 01, 2024

    Cloud Co. To Pay $300K Over FCC Subsidy Fund Paperwork

    Cloud communication company Fuze Inc. is going to be shelling out $300,000 to the Federal Communications Commission for not following certain rules related to Universal Service Fund contributions, the agency said Friday.

  • November 01, 2024

    5th Circ. Punts On Bid To Stay CFPB Small Biz Rule

    The Fifth Circuit said it won't immediately start tolling compliance deadlines for the Consumer Financial Protection Bureau's small business lending data collection rule and will reserve judgment on whether to stay the rule pending an appeal by the bank trade groups challenging it.

  • November 01, 2024

    DC Circ. Questions Enviro Groups On Renewable Fuels Rules

    Judges on the D.C. Circuit on Friday morning pressed attorneys for environmental groups challenging the U.S. Environmental Protection Agency's 2023-2025 renewable fuel standards, questioning their claims that the federal government didn't do enough to assess the standards' potential impacts on water quality and certain species.

  • November 01, 2024

    NJ Mayor Harassed Police Chief, Suit Says

    A suspended police chief in a New Jersey borough has filed a lawsuit in state court against the borough's mayor and other officials, alleging he has been subjected to harassment and retaliation in violation of the New Jersey Conscientious Employee Protection Act and Civil Rights Act.

  • November 01, 2024

    Kroger Blasts 'Food Desert' Fears From Wash. Nonprofits

    Kroger and Albertsons said the trial judge in Washington's bid to block a $24.6 billion merger should reject amicus briefs from two cities, a food bank and a poverty nonprofit, saying their assertions that the deal would inflate grocery prices and create food deserts in some communities rehash claims by activists and the media.

  • November 01, 2024

    FEMA Finalizes Rule Allowing Monthly NFIP Bill Payments

    National Flood Insurance Program policyholders will be able to pay their premiums on a monthly basis starting next year, under a rule finalized Friday that is meant to incentivize greater and continued participation in the nation's largest provider of flood insurance.

  • November 01, 2024

    Colo. To Boost Services To End Feds' ADA Discrimination Suit

    Colorado has agreed to implement new housing and support practices to ensure adults with physical disabilities have adequate help to leave nursing facilities and receive services in their own homes, as part of a settlement announced Friday to end a U.S. Department of Justice lawsuit.

  • November 01, 2024

    Health Data Co. Urges 4th Circ. To Keep Access Open

    Nursing home data analytics company Real Time Medical Systems urged the Fourth Circuit on Friday to keep in place an order that stops electronic medical records company PointClickCare from using unsolvable captcha prompts to block access to patient records.

  • November 01, 2024

    Ga. Judge Won't Fast Track GOP Poll Worker Suit

    A Georgia judge refused Friday to consider a lawsuit alleging Fulton County's election director wrongly denied Republicans' efforts to place poll workers for the November election because there are issues of fact that must be considered by a jury during the next term of court. 

  • November 01, 2024

    High Court Leaves Pa. Fix For Nixed Mail Ballots In Place

    The U.S. Supreme Court left in place Friday a ruling from the Pennsylvania Supreme Court allowing voters in the battleground state whose mail-in ballots are rejected as defective to submit provisional ballots on Election Day as replacements.

  • November 01, 2024

    DOI Invests $82M For Clean Drinking Water Projects For Tribes

    The U.S. Department of the Interior unveiled a nearly $82 million investment for 23 projects aimed at bringing clean, safe drinking water to Tribal communities in the Western United States.

  • November 01, 2024

    DOJ, Navarro Spar Over White House Emails Turnover

    The legal team representing former Trump administration adviser Peter Navarro argued in D.C. federal court Friday that some 300 emails from Navarro's time at the White House are purely personal and should stay out of the hands of the National Archives.

  • November 01, 2024

    Enviro Groups, Tribes Sue Over Nev. Lithium Mine Approval

    Environmental and tribal groups slapped the U.S. Department of the Interior with a complaint in Nevada federal court seeking to upend the agency's authorization of the Rhyolite Ridge Lithium-Boron Mine, arguing the project will drive a rare wildflower into extinction.

  • November 01, 2024

    Army Allies Slam Bid To Trim Visa Case For Pending Plan

    Afghan and Iraqi military translators slammed U.S. immigration officials' efforts to trim their lawsuit challenging delays with their visa applications, telling a D.C. federal court that the Biden administration's plan to streamline visa processing is not yet final.

Expert Analysis

  • NY Tax Talk: Questions In Corporate Franchise Tax Regs Case

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    In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.

  • Bitnomial Suit Highlights Crypto Turf War Between SEC, CFTC

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    An outcome favoring Bitnomial in its recent lawsuit against the U.S. Securities and Exchange Commission could reinforce the U.S. Commodity Futures Trading Commission's authority and limit the SEC's reach in the crypto arena, illustrating the need for Congress to delineate boundaries between the agencies, says Tonya Evans at Penn State Dickinson Law.

  • False Patent Marking Claims Find New Home In Lanham Act

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    While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.

  • Digging Into CFPB's Overdraft Fee Consent Guidance

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    Although a recent Consumer Financial Protection Bureau circular may seem unassuming, a closer read reveals the bureau is escalating its clampdown on nonconsensual debit card overdraft fees by expanding financial institutions' record-retention obligations beyond a two-year statutory requirement, say attorneys at Cooley.

  • Justices Face Tough Question On HHS Hospital Pay Formula

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    In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • A Look At Insurance Coverage For Government Investigations

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    Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.

  • Key Healthcare Issues That Hinge On The Election Outcome

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    The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.

  • Ex-Chicago Politician's Case May Further Curb Fraud Theories

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    The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Crypto.com's Suit Against SEC Could Hold Major Implications

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    Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.

  • Lessons For Municipalities Facing Cyberattacks

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    With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Biden Green Card Program Unlikely To Advance Post-Election

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    Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.

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