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Public Policy
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August 29, 2024
PNC Asks 4th Circ. To Reconsider HELOC 'Offset' Ban Ruling
PNC Bank has asked the Fourth Circuit to take another look at its ruling that extended the "offset" provision of the Truth in Lending Act, which prevents banks from using funds held in deposit accounts to offset credit card debt without the consumer's consent, to home equity lines of credit.
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August 29, 2024
Gov't Claims Title 42 Suit Is Nullified By End Of Program
A D.C. federal judge on Thursday questioned government arguments that a proposed class of Haitian migrants' claims were moot in their challenge to the now-unenforceable Title 42 expulsion program for migrants from areas troubled by communicable disease, while wondering whether an immigration advocacy group plaintiff actually had standing.
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August 29, 2024
Texas' Anti-ESG Law Is Unconstitutional, Green Biz Org Says
A sustainability-focused business group on Thursday sued Texas state officials in federal court seeking to block a law that restricts state investments with financial firms and businesses that want to reduce their reliance on fossil fuels.
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August 29, 2024
Pa. Justices To Examine Axing Of 'Red Book' Drug Pricing
The Supreme Court of Pennsylvania has agreed to review a decision tossing the "Red Book" pricing values used by the state's Bureau of Workers' Compensation to calculate reimbursement for prescription drug costs.
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August 29, 2024
SEC Slams Crypto Co.'s Bid To Curb Its Enforcement Powers
The U.S. Securities and Exchange Commission has moved to rid itself of a lawsuit that aims to limit its ability to oversee the crypto industry, telling a Texas federal judge that there is no evidence that the agency's staff was even aware of the startup that is suing to head off a non-existent enforcement action.
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August 29, 2024
FCC's New Rules For Rural 5G Fund Stir Controversy
The Federal Communications Commission said Thursday it had adopted a framework for the 5G Fund for Rural America to auction up to $9 billion in its first phase to fill gaps in mobile broadband, but not all stakeholders are pleased with the rules.
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August 29, 2024
Pa. State Courts Can Make Juvenile Immigrant Determinations
The Pennsylvania Supreme Court ruled Thursday that state custody courts can make determinations about whether immigrant youth qualify for special immigrant juvenile protections in cases where a parent living in the U.S. is awarded sole custody, rather than a foster parent or state agency.
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August 29, 2024
Madigan Seeks To Block Ex-Alderman's Expert Testimony
Attorneys for ex-Illinois House Speaker Michael Madigan and his co-defendant on Thursday grilled a potential expert witness the government wants to call at their forthcoming racketeering trial, attempting to cast doubts on his knowledge of how Madigan's ward operated and highlighting his public opposition to Chicago's Democratic establishment.
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August 29, 2024
States, Industry Ask High Court To Block EPA Methane Rule
A group of states and fossil fuel industry players have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision not to block the implementation of a U.S. Environmental Protection Agency final rule strengthening methane emissions control requirements for oil and gas infrastructure.
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August 29, 2024
DOI Stands By Its Mining Ban On 28M Acres In Alaska
The U.S. Department of the Interior has finalized a decision to continue protections on 28 million acres of land in Alaska, a move that bans oil and gas drilling activity in the region and reverses a decision made in the Trump administration's final days to open up the area for development.
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August 29, 2024
Auto Tech Org. Pushes FCC To Speed Up Smart Car 5G Rules
The 5G Automotive Association is asking the Federal Communications Commission to push the gas and schedule a vote on rules that would bring advanced vehicle communications technology to the 5.9 gigahertz band.
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August 29, 2024
FCC Rolls Out Rules For Drones' Use Of 5 GHz Band
The Federal Communications Commission on Thursday announced it had adopted initial rules for the use of drones in the 5 gigahertz band by allowing operators to obtain frequency assignments.
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August 29, 2024
Comer Tells PBMs To Correct Record On Role In Drug Pricing
Rep. James Comer, R-Ky., chair of the House Oversight and Accountability Committee, is demanding that the heads of three major pharmacy benefit managers "correct the record" on their testimony made before his committee in July about their roles in drug pricing, including company claims that the PBMs don't steer customers to in-house pharmacies and that they allow non-affiliated pharmacies to negotiate contracts.
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August 29, 2024
NLRB Partners With Other Feds In Merger Probes
The National Labor Relations Board said it's teaming up with the U.S. Department of Justice, the U.S. Department of Labor and the Federal Trade Commission to investigate mergers that present competition concerns for workers.
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August 29, 2024
GAO Suggests IRS Improve Retirement Account Oversight
The Internal Revenue Service needs to beef up its oversight of conflicts of interest between fiduciaries and individual retirement account investors, according to a U.S. Government Accountability Office report.
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August 29, 2024
DOJ Calls Former Googler's Ad Tech Testimony 'Essential'
The U.S. Department of Justice urged a Virginia federal judge Wednesday not to let former Google vice presidents and other company managers avoid testifying at next month's advertising technology monopolization trial, arguing their testimony is important and was properly subpoenaed.
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August 29, 2024
Democrats Condemn Lawsuit Against New Green Card Rule
Two Democratic senators from Western states rallied on Thursday for the Biden administration's new program to grant parole to noncitizen spouses and stepchildren of U.S. citizens seeking green cards, which a federal court recently halted temporarily.
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August 29, 2024
5th Circ. Got Biofuel Ruling Right, Refiners Tell Justices
The U.S. Supreme Court shouldn't review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, the refiners told the justices Wednesday.
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August 29, 2024
HHS Withdraws Appeal In Hospital Web-Tracking Clash
The Biden administration on Thursday abandoned its appeal of a federal court decision that knocked down new guidance restricting how hospitals can use web-tracking tools, handing the American Hospital Association a victory in a closely watched case.
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August 29, 2024
Colo. Group Asks US Justices To Revive Ballot Law Dispute
A Colorado organization asked the U.S. Supreme Court to review a lower-court decision upholding a state law requiring financial impacts be included in the titles of some tax-related ballot initiatives.
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August 29, 2024
FTC Wants Kroger's Constitution Suit To Follow Merger Case
The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.
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August 29, 2024
Publishers, Authors Sue Fla. Over School Library Book Bans
Six publishing houses; five bestselling authors, including Jodi Picoult and Laurie Halse Anderson; and two parents of schoolchildren filed a challenge Thursday to a Florida state law that restricts books in school libraries in what they say is an overly broad, unconstitutional manner.
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August 29, 2024
6th Circ. Tosses Atty's Challenge To Court Recording Ban
A Michigan attorney who was held in contempt for posting a screenshot of a Zoom hearing on Facebook can't use the First Amendment to challenge a prohibition on recording courtroom proceedings, because he lacks standing, the Sixth Circuit has ruled.
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August 29, 2024
Advocacy Groups Back Ga. Bid To Undo Election Law Block
Two advocacy groups are joining Georgia's push for the Eleventh Circuit to overturn an injunction blocking part of a controversial Peach State election law, arguing the lower court's ruling reimagines the Civil Rights Act to impede an absentee ballot requirement that is focused on election integrity and has nothing to do with racial discrimination.
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August 29, 2024
5th Circ. Says Pot Use Doesn't Bar Gun Ownership
The Fifth Circuit on Wednesday ruled that a federal law barring firearm possession by marijuana users is unconstitutional specifically as it pertains to a nonviolent user who was not actively intoxicated at the time of her encounter with law enforcement.
Expert Analysis
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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.