Public Policy

  • November 18, 2024

    Dems Probe Treasury On Effects Of Crypto Mixer Sanctions

    A group of House Democrats pressed the U.S. Department of the Treasury on Monday to provide information on how effective its sanctions regime against cryptocurrency mixing services has been at detecting and curbing illicit finance.

  • November 18, 2024

    FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech

    Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.

  • November 18, 2024

    Judge Surprised Circle K Fired Clerk Who Touched Robber

    A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.

  • November 18, 2024

    Texas Appeals Court Finds Telecom Laws Violate Gift Rules

    A state appellate court handed dozens of Texas cities a clean-sweep victory in their fight against statewide bargains for telecommunications providers, finding Friday a state law dealing with the fees municipalities can charge telecom companies runs counter to the Texas Constitution.

  • November 18, 2024

    Treasury Finalizes Tougher Foreign Investment Law Penalties

    The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.

  • November 18, 2024

    Mich. Justices Spurn Restaurant Group's COVID Appeal

    The Michigan Supreme Court has turned down an appeal from a bar and restaurant association seeking to recoup its members' lost profits from the state's enforcement of COVID-19 public health measures, after tossing individual restaurants' claims earlier this year. 

  • November 18, 2024

    Justices Urged To Review Landlords' COVID Eviction Ban Suit

    A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.

  • November 18, 2024

    Asylum-Seekers Say Updated DHS Border Directive Is Still Illegal

    Immigrant rights groups and asylum-seekers challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the superseding rule the administration issued in September is just as illegal as its June predecessor.

  • November 18, 2024

    EPA Has No Choice But To Rethink Smog Rule, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to reconsider its so-called "good neighbor" smog emissions rule after it was partially invalidated by a court, arguing the agency's own brief confirms that its refusal to do so was improper.

  • November 18, 2024

    Colo. Justices Should Plug Damages Cap 'Loophole,' Co. Says

    A construction company has urged Colorado's justices to find that a subcontractor's claim over a workplace fall is subject to a $15,000 damages cap, arguing in a petition that the sole proprietor opted out of workers' compensation benefits and can't make a "loophole" to sue for millions.

  • November 18, 2024

    Medical Group Wants Justices To Review IP Safe Harbor Fight

    A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.

  • November 18, 2024

    Feds Delay Rule That Hemp Be Tested At DEA-Licensed Labs

    Laboratories certified by the federal government to measure THC concentration in hemp aren't able to meet the demand, the U.S. Department of Agriculture has said, so the agency is allowing growers to once again get their products tested by unregistered labs.

  • November 18, 2024

    Alstom Wants Injunction In Dispute Over 'Buy America' Waiver

    Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.

  • November 18, 2024

    Dispute Over Biden Admin Voting Access Order Paused

    A Texas federal district court judge has paused a dispute over an executive order from the Biden administration that promotes easier access to voting after a conservative think tank said President-elect Donald J. Trump is likely to overturn the directive.

  • November 18, 2024

    Colo. Rugby Coach Cries Foul Over City's Revoked Job Offer

    A man who says he was "poached" for an assistant coaching position with the American Raptors professional rugby team near Denver has filed a breach of contract lawsuit alleging he was fired before he even began, without cause, and cheated out of his early termination payment.

  • November 18, 2024

    Friedman Kaplan Name Partner Larry Robbins Dies At 72

    Larry Robbins, a name partner at Friedman Kaplan Seiler Adelman & Robbins LLP known for counseling high-profile congressional witnesses like Marie Yovanovitch and Christine Blasey Ford through their Senate and House committee appearances, died earlier this month at age 72, the firm announced.

  • November 18, 2024

    5th Circ. Says Texas County Wrong To Close Court Hearings

    A Fifth Circuit panel has upheld a trial court's ruling that a Texas county improperly blocked the press and public from attending criminal pretrial proceedings known as magistrate hearings, finding that the practice violates the First Amendment and harms the two news outlets and an advocacy group that brought the lawsuit.

  • November 18, 2024

    Neb. Officials Urge Court To Void Medical Pot Legalization

    Nebraska officials are urging a state judge to void ballot measures to legalize and regulate medical marijuana after a decisive majority of voters approved them, saying that reformers' signature-verification methods were critically hampered by malfeasance and fraud.

  • November 18, 2024

    Snyder Aide Expands Suit Over Flint Water Crisis Prosecution

    An adviser to former Michigan Gov. Rick Snyder has been permitted to add new allegations to his lawsuit against the state's attorney general and special prosecutors over their handling of charges brought against him surrounding the Flint water crisis, while the judge delayed ruling on prosecutors' immunity.

  • November 18, 2024

    DC Judges, Council Urge Confirmation Of City's Bench Picks

    District of Columbia council members and chief judges are calling on the Senate to confirm the D.C. judicial nominees pending on the floor by the end of the year as the court system has repeatedly called attention to a vacancy crisis.

  • November 18, 2024

    11th Circ. Shelves Peanut Truck Co.'s Excise Tax Refund

    The Eleventh Circuit has overturned a decision awarding an excise tax refund to a manufacturer for selling wagons that dry and carry peanuts, saying the refund is reserved for vehicles that are specially designed for off-highway transportation — a test the peanut wagons failed.

  • November 18, 2024

    Justices Reject SC Agency's Appeal Of Google Subpoena

    The U.S. Supreme Court refused Monday to take up a South Carolina state agency's appeal of a Fourth Circuit decision requiring its compliance with a Google subpoena in a case accusing the tech giant of monopolizing key digital ad technology.

  • November 17, 2024

    Trump Names FCC's Carr As New Agency Chair

    President-elect Donald Trump has picked Brendan Carr, the senior Republican on the Federal Communications Commission, as the agency's next chair, selecting a former general counsel of the agency and frequent critic of the current administration to lead the telecom regulator.

  • November 15, 2024

    Eli Lilly Says HHS Ignores Drug Discount Double-Dipping

    Eli Lilly & Co. claims the U.S. Department of Health and Human Services is unlawfully blocking its efforts to crack down on hospitals the company alleges are double-dipping on medication discounts that are meant to benefit low-income patients, according to a lawsuit filed in D.C. federal court.

  • November 15, 2024

    Big Banks Still Need To Beef Up Controls, Fed Report Says

    The Federal Reserve said Friday that even as the banking system has remained "sound and resilient," large banks continue to grapple with governance and controls issues, while regional and small banks have seen increases in outstanding supervisory findings.

Expert Analysis

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    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.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • FDIC's Cautious Approach To Industrial Banks, Reaffirmed

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    Although the Federal Deposit Insurance Corp. recently approved an industrial loan company's deposit insurance application and proposed new rules regarding parent companies, these developments do not represent a liberalization or modernization of the FDIC's regulatory framework, say Max Bonici and Andrew Bigart at Venable.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Taking Stock Of FCC's New Spectrum Rule For Drones

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    While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.

  • Basel Endgame Rules: A Change Is Coming

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    The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.

  • Ruling On Foreign Dividend Break Offers 2 Tax Court Insights

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    In Varian v. Commissioner, the U.S. Tax Court allowed a taxpayer's deduction for dividends from foreign subsidiaries, providing clarity on how the U.S. Supreme Court’s Loper Bright decision may affect challenges to Treasury regulations, and revealing a potential disallowance of foreign tax credits, say attorneys at Davis Polk.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • What PCOAB's Broadened Liability Rule Means For Auditors

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    The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.

  • USPTO Guidance Suggests 2 Strategies For AI Inventions

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    Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • 4 Takeaways From The FDIC's Proposed Recordkeeping Rule

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    The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Navigating Restrictions Following Biotech Bill House Passage

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    Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.

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