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Public Policy
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October 29, 2024
UK, EU Finish Negotiations Over Antitrust Cooperation Pact
The U.K. government announced Tuesday that it had concluded negotiations with the European Union on a deal to boost cooperation between British and European competition enforcement authorities.
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October 29, 2024
Senate Panel Targets 'Clever' Pharma Pricing
The Senate Judiciary Committee on Tuesday railed against drugmakers and pharmacy benefit managers for allegedly causing the high cost of prescription drugs, arguing that "Big Pharma" has used anticompetitive tactics through patenting to fleece American patients.
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October 29, 2024
Ga. Judge Says Merger Of BioLab Fire Cases Imminent
A Georgia federal judge said Tuesday that within the week, she would likely consolidate most if not all of the nearly 20 lawsuits filed against chemical manufacturer BioLab Inc. in the aftermath of a massive industrial fire at its Conyers, Georgia plant last month.
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October 29, 2024
Besieged NJ Prosecutor Keeps Suit Over Resignation Alive
The former county prosecutor in Warren County, New Jersey, has partially defeated a motion to dismiss from Gov. Phil Murphy and Attorney General Matthew Platkin, and can pursue a state court claim that he never technically resigned before being replaced.
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October 29, 2024
2nd Circ. Says FBI Agents Immune From Suit Over No-Fly List
The Second Circuit on Tuesday upheld a lower court's decision finding immunity for FBI agents who were accused of placing four Muslim men on a no-fly database after they declined to become informants.
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October 29, 2024
Judge Rules Texas Grid Projects Law Unconstitutional
A Texas federal judge on Monday ruled that a right of first refusal law in Texas reserving new power line development for the state's incumbent transmission companies violates the U.S. Constitution's commerce clause.
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October 28, 2024
Google Shadow Attacks Divert Regulator Eyes, Microsoft Says
Like a shadow in the night, Google has been quietly organizing campaigns to attack Microsoft, mislead the public and divert antitrust regulatory scrutiny away from itself, a top attorney for the Washington tech giant claimed Monday in a fiery blog post.
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October 28, 2024
JPMorgan CEO Says Banks Must 'Fight Back' As Regs Mount
JPMorgan Chase & Co. CEO Jamie Dimon said Monday that it's time for the banking industry to "fight back" against aggressive federal regulators, criticizing what he described as an "onslaught" of unnecessary, overly harsh rulemaking.
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October 28, 2024
Union Pacific Told To Face Injury Retrial With Reinstated Expert
Railroad giant Union Pacific must face retrial against an injured worker after a California appeals court ruled that an expert with decades of rail experience but no formal accident-analysis training was wrongly blocked from telling a jury how a freight train behaves when starting up.
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October 28, 2024
Apple Withholding Docs In Monopoly Row, Epic Says
Epic Games and Apple continued on in a discovery dispute in Epic's suit accusing Apple of monopolizing the iOS app distribution and in-app payment processing markets, with the video game company saying in a joint letter filed Friday that Apple is withholding "tens of thousands" of responsive documents.
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October 28, 2024
Casinos End Dispute With Fla. Tribe, Agree To Partner
Several Florida casino operators have promised to end litigation against Seminole Tribe of Florida over an agreement with the state government allowing the tribe to receive online sports bets, instead agreeing to partner with the tribe to offer and promote gambling through an app, the tribe announced Monday.
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October 28, 2024
CFPB Asks DC Circ. To Topple PayPal's Wallet Disclosure Win
The Consumer Financial Protection Bureau has urged the D.C. Circuit to reverse PayPal's latest win against an agency rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, defending its basis for regulating the two products similarly.
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October 28, 2024
Tech Groups Target Fla. Law To Restrict Kids On Social Media
A pair of tech industry trade associations are pressing a Florida federal court to strike down a new state law that would ban children under 13 and restrict 14- and 15-year-olds from social media, arguing that the measure would unconstitutionally stifle free speech and create new "honeypots" of personal data for hackers to exploit.
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October 28, 2024
Mass. Pole Attachment Regs Stymie Broadband, FCC Told
Internet provider GoNetspeed is again asking the Federal Communications Commission to step in and tell Massachusetts to straighten out its regulations for broadband pole attachments, saying the state's current regime is delaying deployment.
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October 28, 2024
Voter Can Take 'Ballot Selfie' As Suit Persists, NC Judge Says
A North Carolina federal judge has clarified that a Libertarian state senate candidate and voter may take and share a selfie with her ballot without the threat of prosecution, granting the candidate's motion to amend the judge's earlier injunction order.
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October 28, 2024
Handbag Cos. Turn To 2nd Circ. Over Pause On $8.5B Merger
The owners of Michael Kors and Coach plan to ask the Second Circuit to review a New York federal judge's order granting the Federal Trade Commission's bid to halt an $8.5 billion merger between the companies while the agency conducts an in-house merger challenge, according to a notice filed Monday.
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October 28, 2024
Judge Wary Of Dems' Injunction Bid In Suit Over Ad Spending
A D.C. federal judge seemed skeptical Monday that setting aside the Federal Election Commission's refusal to weigh in on a potentially unlawful political advertising strategy would level what the Democratic Congressional Campaign Committee alleges to be an uneven playing field.
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October 28, 2024
Wash. AG Candidates Clash On Consumer Protection, Guns
The candidates vying to replace Washington Attorney General Bob Ferguson, who carved out a national reputation as an antitrust champion, present starkly different visions on whether to build upon his tenure or reverse course, clashing not just on consumer protection, but also gun safety and access to reproductive care.
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October 28, 2024
Feds Can't Shield DACA Names In ND Healthcare Access Suit
The Biden administration must disclose the names and addresses of Deferred Action for Childhood Arrivals recipients in North Dakota to the state, after a federal judge refused Monday to reconsider the state's request for that data.
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October 28, 2024
Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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October 28, 2024
For-Profit College Says Colo. Can't Show Broad Public Harm
A defunct for-profit college told a Colorado judge Monday that the state hasn't shown enough students were directly impacted by its allegedly deceptive trade practices for consumer protection claims to survive, in a decade-old case that is now back before a trial judge after years of appeals.
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October 28, 2024
Investment Firm's Head Indicted For Alleged Ponzi Scheme
Federal prosecutors have unsealed an indictment accusing a Utah man of carrying out a Ponzi scheme to embezzle millions of dollars from private investors who believed they were contributing to restaurant ventures.
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October 28, 2024
Mich. Tribe Asks Court To Rethink DOI Contempt Order
A Michigan tribe is asking a D.C. federal judge to reconsider a ruling that declined to hold Interior Secretary Deb Haaland in contempt over a deadline to finalize a new rule on repetitioning for federal recognition, saying the agency's actions don't suggest it plans to do so anytime soon.
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October 28, 2024
Navajo See Growing Trend After Return Of Ceremonial Masks
The Navajo Nation says there is a growing trend among the descendants of collectors and amateur archaeologists to give Indigenous artifacts back to their rightful owners, after a donor returned a set of 11 ceremonial masks that the tribe says vitally define its sovereignty.
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October 28, 2024
Leader Of Bankers' Group Calls For Anti-Fraud Watchdogs
The head of the nation's largest banking trade group on Monday called on Congress and the White House to establish a federal office of scam and fraud prevention to counteract the rising tide of fraud costing the U.S. tens of billions annually.
Expert Analysis
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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What's In The Cards For CFTC's Election Betting Case
A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.