Public Policy

  • August 14, 2024

    4th Circ. Says T-Mobile Must Face 'Simply Prepaid' TM Fight

    The Fourth Circuit revived a Virginia-based telecommunications company's infringement suit against T-Mobile, ruling that Simply Wireless had done enough to show it was planning to revamp its "Simply Prepaid" branding and hadn't abandoned the trademark when T-Mobile began using it.

  • August 14, 2024

    11th Circ. 'Flunks' Ga. School District's Redistricting Appeal

    Georgia's second-largest school district "flunks" the standing tests to challenge a federal court's injunction blocking the use of an allegedly racially gerrymandered redistricting map it created, having purposefully withdrawn itself from litigation over the map, the Eleventh Circuit has ruled.

  • August 14, 2024

    Mobile Carriers Worry Anti-Robotext Rules Could Go Too Far

    Content-neutral text-blocking standards are not the way to go, a key wireless trade group has told the Federal Communications Commission, saying that stripping away the current industry standards in favor of nondiscriminatory ones would "open the floodgates to messages that consumers do not want."

  • August 14, 2024

    EU OKs Siemens' $3.8B Sale Of Innomotics To PE Firm KPS

    European Union antitrust enforcers signed off Wednesday on German tech conglomerate Siemens AG's plan to sell its Innomotics large motors and drives unit to New York City-based private equity firm KPS Capital Partners, finding that the deal, with an enterprise value of €3.5 billion ($3.9 billion), poses "limited" overlap concerns.

  • August 14, 2024

    Judge Blocks Missouri's Anti-ESG Rules, Handing SIFMA Win

    A Missouri federal judge found Wednesday that the state's anti-ESG rules for brokers and advisers violate the First Amendment and are preempted by federal laws, handing the Securities Industry and Financial Markets Association an early win in its suit against state officials.

  • August 14, 2024

    Israel Boycott Bid On Pittsburgh Ballot Draws Challenges

    A proposed ballot question calling for the city of Pittsburgh to boycott any work with or tax credits for entities that do business with or in Israel during its war in Gaza would be invalid because it violates state and federal laws, according to petitions filed in Pennsylvania state court by a Jewish organization, local clergy and the city controller.

  • August 14, 2024

    The Biggest Enviro Decisions Of 2024: Midyear Report

    2024 has already been one of the most consequential years for environmental law, and it's only half over. The U.S. Supreme Court issued groundbreaking administrative law decisions, while lower appeals courts resolved questions about California's right to promulgate its own vehicle emissions standards, among other rulings.

  • August 14, 2024

    Top Immigration Cases To Watch In The 2nd Half Of 2024

    The remainder of this year could see courts render decisions on President Joe Biden’s efforts to curb unlawful immigration, the legality of the Deferred Action for Childhood Arrivals program, and fresh challenges to immigration-related regulations. Here, Law360 looks at cases that could rock the immigration sphere in the latter half of the year.

  • August 14, 2024

    NY Judge Rejects Trump's 'Stale' Recusal Bid A 3rd Time

    The New York judge who presided over Donald Trump's hush money trial denied the former president's third attempt to remove him from the case ahead of sentencing, ruling that the motion was "nothing more than an attempt to air grievances."

  • August 13, 2024

    Anesthesia Co. Says FTC Lacks Authority To Bring 'Rollup' Suit

    U.S. Anesthesia Partners has told the Fifth Circuit the Federal Trade Commission lacks authority to bring its case directly in federal court without also filing an administrative case accusing the group of monopolizing the Texas anesthesiology market.

  • August 13, 2024

    Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever

    A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.

  • August 13, 2024

    TMX Affiliate Sues Pa. Regulator To Block Potential $52M Fine

    A Texas and Georgia-based affiliate of consumer lending company TMX Finance has sued the secretary of the Pennsylvania Department of Banking and Securities, challenging an order from the department that the company says seeks over $52 million in civil penalties over claims tied to loan agreements that allegedly carry interest rates as high as 720%.

  • August 13, 2024

    Chamber Defends Texas Home For CFPB Late-Fee Rule Suit

    The U.S. Chamber of Commerce and other trade associations battling the Consumer Financial Protection Bureau's $8 credit card late-fee rule told a Texas federal judge on Monday that the agency's latest bid to send the case to Washington, D.C., risks creating new rule challenge obstacles for local-level business groups and should be rejected.

  • August 13, 2024

    8th Circ. Finds ATF's Braced Pistol Rule Arbitrary, Capricious

    An Eighth Circuit panel has reversed an order denying a preliminary injunction to block enforcement of a Bureau of Alcohol, Tobacco, Firearms, and Explosives rule regulating pistols with stabilizing braces as short-barreled rifles, finding that aspects of the rule were arbitrary and capricious.

  • August 13, 2024

    CFPB Says Predatory Lenders Targeting Muslim Homebuyers

    The Consumer Financial Protection Bureau said Tuesday it found that an often predatory form of home financing, known as contracts for deed, has become increasingly prevalent in Muslim communities.

  • August 13, 2024

    FDIC Looks To Dodge Suit Over First Republic Bank's Rent

    The Federal Deposit Insurance Corp. urged a California federal court to toss a suit filed by a California landlord that once leased to First Republic Bank, arguing that federal law bars the suit because the FDIC is the bank's receiver.

  • August 13, 2024

    Google Says Search Ruling Irrelevant To Common Carrier Suit

    A recent ruling from a D.C. federal judge that declared Google a monopolist in the general search market has nothing to do with the Ohio attorney general's bid to designate the search engine as a common carrier, Google told an Ohio state court judge.

  • August 13, 2024

    No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says

    The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.

  • August 13, 2024

    FINRA Flags Potential Pitfalls As Members Wade Into Crypto

    The Financial Industry Regulatory Authority on Tuesday raised potential problem areas it has noticed related to members' dealings in crypto assets as part of a broader update on how the firms it oversees are wading into digital assets.

  • August 13, 2024

    DHS To Expedite Asylum Processing At Canadian Border

    The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.

  • August 13, 2024

    Houston Election Failures Traced To Ex-Employee's Dual Jobs

    A former employee of Harris County's now-defunct elections administrator's office is facing six felony charges in connection with botching his responsibility to allocate ballot paper to polling sites during the 2022 election, Harris County District Attorney Kim Ogg announced Tuesday.

  • August 13, 2024

    Missouri To Vote On Sports Betting Measure In November

    Voters in Missouri will decide whether to legalize sports betting in the Show-Me State this November, officials announced Tuesday, after years of stalled efforts by lawmakers and clamoring from the area's professional teams.

  • August 13, 2024

    Ill. Casino Can't Claim Immunity In Competition Row, City Says

    An Illinois city wants the Seventh Circuit to deny a proposed tribal casino's appeal that seeks to undo a lower court order that found the municipality didn't discriminate against it by choosing three other competitors to operate the venues, arguing that sovereign immunity can't protect the case from dismissal.

  • August 13, 2024

    Wisconsin Bell Tells Justices FCA Doesn't Apply To E-Rate

    AT&T subsidiary Wisconsin Bell Inc. told the U.S. Supreme Court on Tuesday that applying the False Claims Act to fraudulent E-rate program reimbursements means turning the "heavy artillery of the administrative state" onto private transactions.

  • August 13, 2024

    Ariz. Tribe, Green Groups Want In On Industry Copper Rule Suit

    A Native American tribe and the Sierra Club are squaring off against mining companies challenging the U.S. Environmental Protection Agency's recent rule, which is intended to reduce toxic, cancer-causing emissions from copper-smelting facilities.

Expert Analysis

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

  • Opinion

    Trump Immunity Ruling Upends Our Constitutional Scheme

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    The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.

  • High Court Paves Middle Ground For Proceedings Obstruction

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    The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Opportunities For Change In FHFA Practices

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    The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

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