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Public Policy
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July 08, 2024
Suit Alleging NY Pot Kickbacks Moved To Federal Court
An Illinois security company is suing New York's cannabis authority for $300 million claiming that one of its board members convinced the business to do free surveillance camera work by promising it a state contract that never came, according to a lawsuit removed to federal court.
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July 08, 2024
Menendez 'Put Power Up For Sale,' Feds Say In Closing
Sen. Robert Menendez "put his power up for sale" in a slew of bribes often brokered by his wife but for which the New Jersey lawmaker was always "calling the shots," a Manhattan federal prosecutor said during closing arguments in the high-profile trial Monday.
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July 08, 2024
NC Tax On Premiums Lowered For Some Insurance Cos.
North Carolina will reduce its tax on premiums paid in the state to some out-of-state liability insurance groups under a bill signed by Gov. Roy Cooper.
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July 08, 2024
Nasdaq Seeks Tighter Listing Rules On Reverse Stock Splits
Nasdaq wants to tighten its rules so companies that raise their share prices through reverse stock splits to avoid being delisted don't obtain more time to regain compliance if the reverse split triggers another violation.
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July 08, 2024
Philly Charter School Exec Sentenced To 1½ Years In Prison
Shahied Dawan, a former nonprofit executive for a Philadelphia charter school and low-income housing nonprofit founded by R&B producer Kenny Gamble, was sentenced to 18 months in prison Monday for conspiring to conceal embezzlement from the organization.
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July 08, 2024
Pro-Trade Policies Outpace Barriers Amid Strains, WTO Says
Countries are moving to open themselves up to increased trade, even as armed conflicts, tense geopolitics and the effects of climate change continue to destabilize supply chains, the World Trade Organization said in a report released Monday.
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July 08, 2024
BLM Faces Challenges To Alaska Oil Reserve Protections
The state of Alaska and a nonprofit group are seeking to vacate a federal rule ensuring maximum environmental protections for more than 13.1 million acres in the state's National Petroleum Reserve and banning new oil and gas leasing on another 10.6 million acres, arguing the new law turns the land into a "de facto" wilderness.
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July 08, 2024
Tribe Says NY Counties Want It To Pay For 911 Access
The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.
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July 08, 2024
Feds Aim To Expand Military Site List For Land Deal Reviews
The U.S. Department of the Treasury on Monday proposed putting 59 more military sites on its radar when it reviews real estate deals for national security issues, a move that comes on the heels of the White House's crackdown on a Chinese-owned cryptocurrency mine near a Wyoming air base.
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July 08, 2024
NJ Cops Claim Retaliation After Uncovering Prosecutor Fraud
A detective and a lieutenant with the Warren County Prosecutor's Office have launched a whistleblower lawsuit in New Jersey state court alleging retaliation for their part in uncovering an alleged fraud scheme to improperly collect state grant funds, as detailed in an April special investigator's report.
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July 08, 2024
PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say
Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.
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July 08, 2024
Mich. Justices Back Funeral Costs Imposed Years After Murder
The Michigan Supreme Court said Monday that it is not unconstitutional to apply current restitution laws to old crimes, finding that restitution awards do not run afoul of constitutional prohibitions on retroactively making the consequences of a crime harsher.
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July 08, 2024
NJ Says State Temp Worker Law Doesn't Conflict With ERISA
The State of New Jersey urged a federal judge to keep in place the equal benefits provision of its law codifying protections for temporary workers, arguing it is not superseded by the Employee Retirement Income Security Act because employers can satisfy the state law without altering ERISA plans.
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July 08, 2024
Delivery Hero Says It Could Face €400M Antitrust Fine
International food ordering service Delivery Hero disclosed that it could be fined more than €400 million ($433.3 million) by European enforcers over alleged agreements with other online food delivery companies to split markets, share information and not hire workers from one another.
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July 08, 2024
HR Chief Says Conn. City Cut Pay Without Explanation
Officials in the city of Derby, Connecticut, flouted the municipal human resources director's contractual and constitutional rights when they reduced her annual compensation in March without explanation, according to a lawsuit in federal court.
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July 08, 2024
Ex-Prosecutor Takes GC Role For Mass. Inspector General
Eugenia M. "Genie" Carris, a veteran federal public corruption prosecutor, has jumped to the Massachusetts inspector general's office as general counsel, the agency announced Monday.
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July 08, 2024
House Hearing Postponed For Trump's NY Prosecutors
The House Judiciary Committee's hearing with Manhattan District Attorney Alvin Bragg and top prosecutor Matthew Colangelo on former President Donald Trump's conviction on 34 felony counts has been postponed.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 08, 2024
Biden Says Reelection Crucial To Supreme Court Reform
President Joe Biden told congressional Democrats his reelection is crucial to bringing about "real" reforms to the U.S. Supreme Court in a letter Monday rejecting calls for him to back out of the presidential race.
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July 08, 2024
Boeing To Plead Guilty, Pay $243M Fine In DOJ 737 Max Deal
Boeing has agreed to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing late Sunday.
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July 05, 2024
Judge Says Michigan Not Immune From Enbridge's Line 5 Suit
A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.
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July 05, 2024
FTC Gears Up For Busy 2024 Merger Summer & Fall
U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
Expert Analysis
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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Asset Manager Exemption Shifts May Prove Too Burdensome
The U.S. Department of Labor’s recent change to a prohibited transaction exemption used by retirement plan asset managers introduces a host of new costs, burdens and risks to investment firms, from registration requirements to new transition periods, say attorneys at Simpson Thacher.
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Pay-To-Play Deal Shows Need For Strong Compliance Policies
The U.S. Securities and Exchange Commission, through its recent settlement with Wayzata, has indicated that it will continue stringent enforcement of the pay-to-play rule, so investment advisers should ensure strong compliance policies are in place to promptly address potential violations as the November elections approach, say attorneys at WilmerHale.
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Key Takeaways From FDA Final Rule On Lab-Developed Tests
Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Kansas Workers' Comp. Updates Can Benefit Labor, Business
While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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What Lies Behind Diverging US And UK Insolvency Trends
Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.
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Liquidity Risk Management Tops NCUA Exam Priorities
As credit unions map their regulatory initiatives and audit plans, they should look to the National Credit Union Administration’s annual supervisory priorities, which include five important examination areas, including liquidity management and interest rate risk, say Juan Arciniegas and Judy Chen at Chapman and Cutler.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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Regulating Resurrected Species Under The ESA
As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.