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Public Policy
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September 26, 2024
Tariff Tax Base Too Small To Replace Income Tax, Report Says
Higher tariffs can't replace income tax revenue, as former President Donald Trump has suggested, since U.S. imports total $3 trillion annually while incomes top $20 trillion, but they would lower incomes by raising prices for U.S. consumers, a think tank reported Thursday.
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September 26, 2024
Pa. Justices Say State Lawmakers Can't Impeach Philly DA
The clock ran out for the Pennsylvania Senate's planned trial on the impeachment of Philadelphia District Attorney Larry Krasner, the state's highest court ruled in an opinion published Thursday.
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September 26, 2024
Healthcare Atty Rejoins Polsinelli After Foley Hoag Stint
Polsinelli PC announced on Wednesday that a doctor and former healthcare policy attorney who spent 11 years during a previous stint with the firm has returned to its Washington, D.C., office as a public policy shareholder.
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September 26, 2024
Meet The Quinn Emanuel Atty Defending NYC Mayor Adams
Embattled New York City Mayor Eric Adams has tapped Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro to defend him against campaign fraud and bribery charges, putting his fate in the hands of a hotshot attorney known for celebrity clients and courtroom miracles.
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September 26, 2024
Harris' And Trump's Tax Plans Each Add To Deficit, Study Says
The U.S. federal deficit would grow by at least $2 trillion over the next decade from the tax policy plans of both major parties' candidates, former President Donald Trump and Vice President Kamala Harris, researchers said Thursday.
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September 26, 2024
NY Appeals Court Casts Doubt On $489M Trump Judgment
Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.
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September 26, 2024
GOP Senator Blocks Fast-Tracking Of DC Judges
A Republican senator has blocked the fast-tracking confirmation of two nominees to become Washington, D.C., judges, even though former President Donald Trump previously nominated them.
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September 26, 2024
Senate Recesses Without Votes On Biden NLRB Nominees
The Senate left Washington, D.C., on Wednesday night without plans to return before the November election, leaving two nominees key to the partisan balance on the National Labor Relations Board facing uncertain futures in the chamber.
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September 26, 2024
Adams Accused Of 'Grave' Public Deceit As Feds Unveil Case
New York City Mayor Eric Adams was charged in an indictment unsealed in Manhattan federal court Thursday with corrupting his office and defrauding the public by accepting foreign campaign contributions in exchange for favorable treatment.
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September 25, 2024
DoorDash, Uber Eats, Grubhub Win NYC Diner Data Law Row
A New York federal judge on Tuesday granted DoorDash Inc. and other food delivery app companies a win in their lawsuit challenging a New York City law requiring delivery services to provide restaurants with certain customer info, ruling that the law is unconstitutional.
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September 25, 2024
8th Circ. Told Student Debt Relief Should Remain Blocked
Seven Republican-led states are asking the Eighth Circuit to finalize its court order blocking the Biden administration from implementing its second attempt at student loan forgiveness, accusing the White House of "hiding the ball" on the true cost of the plan.
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September 25, 2024
NYC Mayor Adams Vows To Fight Looming Federal Charges
New York City Mayor Eric Adams said Wednesday that he believed "the federal government intends to charge" him with crimes following an investigation by Manhattan prosecutors into an alleged scheme to funnel illegal donations from the Turkish government into his 2021 campaign.
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September 25, 2024
Google 'Less Expensive' Than Ad Tech Rivals, Economist Says
A Yale economist told a Virginia federal judge Wednesday that the Justice Department's estimates of how much Google allegedly bilked website publishers using its online advertising placement technology don't add up.
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September 25, 2024
Basel Edits 'Encouraging' But Incomplete, Republicans Say
House Republicans signaled at a Wednesday hearing that they want further softening of federal banking regulators' so-called Basel III endgame proposal for tougher big-bank capital requirements, casting recently floated potential changes as insufficient to ensure the plans won't pose an economic threat.
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September 25, 2024
8th Circ. Probes Lawmakers' Intent In FCC Anti-Redlining Rule
Eighth Circuit judges on Wednesday dissected exactly how far Congress wanted the Federal Communications Commission to go when carrying out a tightly drafted provision to prevent digital discrimination in the thousand-page infrastructure law three years ago.
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September 25, 2024
4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice
A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.
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September 25, 2024
Cherokee Nation Asks Court To Reject Descendant Rehearing
The Cherokee Nation has asked a D.C. federal judge to deny a request by a descendant of persons of African descent, who were once enslaved by the tribe, for a rehearing after the court threw out her bid for $90 million in damages.
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September 25, 2024
Senate Bill Wants CBP To Share More On Counterfeit Products
A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise."
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September 25, 2024
Paxton Asks Texas Justices To Reverse State Fair Gun Ban
Texas Attorney General Ken Paxton asked the state's highest court for emergency relief to prohibit a new State Fair of Texas rule that bans fairgoers from carrying handguns, saying in a Wednesday appeal that the Fifteenth Court of Appeals abused its discretion by denying relief.
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September 25, 2024
Baltimore Bridge Wreck: 6 Months Later, Claims Mount
A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.
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September 25, 2024
Pa. Justices Urged To Reconsider Tossing Undated Ballots
Ten Pennsylvania voting rights groups on Wednesday urged the state Supreme Court to use its special "King's Bench" power and immediately take up arguments over whether throwing out mail-in votes that are missing handwritten dates on their outer envelopes violates the Pennsylvania constitution.
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September 25, 2024
Suit Over Fla. Law Restricting Foreign Land Buys Paused
A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.
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September 25, 2024
Developer Says Minn. City Made Rule To Block Mosque
A developer and its Muslim founders claimed in federal court that Islamophobia motivated Lino Lakes, Minnesota, and several of its lawmakers to approve a moratorium that blocked the construction of a mixed-use development project that featured a mosque.
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September 25, 2024
Pa. Panel Says Misspellings Don't Sink Service Of Tax Notice
The misspelling of a landowner's name on a notice of an impending tax sale did not prevent the owner from understanding their property would be auctioned off to cover unpaid taxes, a Pennsylvania appellate court ruled Wednesday.
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September 25, 2024
Terrorism Victims Sue For Share Of $4.3B Binance Plea
The U.S. government must put the $4.3 billion it obtained in its money laundering and sanctions violations case against Binance toward a federal fund for victims of state-sponsored terrorism, a new lawsuit in D.C. federal court alleges.
Expert Analysis
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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How Increased Sanctions Scrutiny Is Affecting Debt Markets
U.S. sanctions and export control regulators have recently taken several steps that broaden financial sector oversight, and banks, lenders and borrowers must adapt their syndication and risk assessment processes in different ways or risk incurring substantial penalties, say Cristina Brayton-Lewis and Kerrick Seay at White & Case.
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What The SEC Liquidity Risk Management Amendments Entail
Fund managers should be cognizant of the U.S. Security and Exchange Commission's recent changes to certain reporting requirements and guidance related to open-end fund liquidity risk management programs, and update their filing systems if need be, says Rachael Schwartz at Sullivan & Worcester.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Vertex Suit Highlights Issues For Pharma Fertility Support
Vertex Pharmaceuticals' recent lawsuit challenging the U.S. Department of Health and Human Services' interpretation of the Anti-Kickback Statute is influenced by a number of reproductive rights and health equity issues that the Office of Inspector General should address more concretely, including in vitro fertilization and fertility preservation programs, says Mary Kohler at Kohler Health Law.
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Expect More Restaurant Ch. 11s As COVID Debt Comes Due
The wave of restaurant bankruptcies is likely to continue in the coming months as companies face the looming repayment of COVID-19 pandemic-era government loans, an uncertain economy and increased interest rates, says Isaac Marcushamer at DGIM Law.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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Commerce Proposal Could Ease Trade Remedy Administration
Recently proposed international trade enforcement regulations could help the U.S. Department of Commerce more easily administer antidumping and countervailing duty remedies, in turn maximizing relief to American companies adversely affected by unfair trade, says Natan Tubman at Buchanan Ingersoll.
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What To Know About Ill. Employment Law Changes
Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Opinion
CMS' New 'Breakthrough' Device Policy Shows Little Promise
The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.