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Public Policy
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November 06, 2024
Fla. Can't Reclaim Medicaid Payments On Immigrant Care
A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action suit that a statutory change did not overrule the decision but merely clarified the law.
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November 06, 2024
DOI Signs Bison Conservation Pact With Canada And Mexico
The U.S. Department of the Interior said it has inked a new agreement with Canada and Mexico to work on strengthening conservation of the American bison across its range in North America while focusing on historic Indigenous ties with the species.
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November 06, 2024
SEC's Gensler Faces Group's Call To Resign After Trump Win
Following Donald Trump's election victory Wednesday, a financial services trade association called on U.S. Securities and Exchange Commission Chair Gary Gensler to "immediately" step down in order to boost trust in the agency.
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November 06, 2024
Alaska Wants 9th Circ. To Remove Ringed Seal Protections
The state of Alaska called on the Ninth Circuit to overturn a district court's refusal to eliminate Endangered Species Act protections for Arctic ringed seals, arguing the federal government failed to properly credit new information that raised serious questions about the necessity for continuing protections.
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November 06, 2024
Albertsons Hit With Discovery Sanctions In Wash. Opioid Suit
A Washington state judge has partially granted the state's sanctions request in its suit accusing Albertsons of exacerbating the opioid crisis, agreeing that the grocery store chain took an "unreasonable" stance in refusing to respond to outstanding discovery requests because a deadline had passed while the case was paused.
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November 06, 2024
After Trump Win, Jan. 6 Defendants Fail To Stall Their Cases
At least three defendants who were found or pled guilty in the Jan. 6, 2021, attack on the U.S. Capitol urged federal courts on Wednesday to delay their cases in light of President-elect Donald Trump's public statements that he'd pardon rioters — requests that were quickly denied.
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November 06, 2024
Trump Win Set To Reshape FCC, Push Policies Rightward
Donald Trump's return to the White House following Tuesday's election will usher in new political appointees at federal agencies to carry out conservative tech and telecom policies, leading to a reshuffling of priorities at the Federal Communications Commission.
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November 06, 2024
Customers Look To Preserve Lead Class Action Against AT&T
AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.
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November 06, 2024
Families Separated Under Trump Get $6.4M For Fees, Costs
A California federal judge has signed off on $6.4 million in attorney fees and costs, most going to American Civil Liberties Union counsel representing thousands of immigrant families that were separated under a Trump-era "zero-tolerance" policy.
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November 06, 2024
Venue For Fla. County Suit Against Funder Getting New Look
A Florida appellate court ruled Wednesday that Palm Beach County can't use the "sword-wielder" exception to deny a funding agency's choice of court in a lawsuit over the authority to levy property taxes, saying the agency has proved it's a governmental entity entitled to a home venue privilege.
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November 06, 2024
NYS Says Free Speech Can't Protect Schools In Mascot Ban
The New York State Board of Regents has urged a federal judge to throw out three lawsuits lodged by several school districts over the state's decision to ban the use of Native American mascots and imagery, saying their First Amendment arguments lack merit.
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November 06, 2024
Hyundai, Kia Rip Cities' Bellwether Trial Bid In Car-Theft MDL
Hyundai and Kia have asked a California federal judge to reject several cities' request for bellwether trials in consolidated litigation alleging that the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave after a viral TikTok trend popularized tips for breaking into their cars.
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November 06, 2024
Fla. Union Dues Law Halted For Unexpired Deals, Judge Says
A Florida law's provision banning the deduction of union dues from public employees' paychecks is unconstitutional as to collective bargaining agreements that are still in effect for two Florida teachers unions, a federal judge ruled Wednesday.
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November 06, 2024
5th Circ. Chides Texas For Clashing Insurance Law Messages
A Fifth Circuit judge Wednesday told the state of Texas it was "having its cake and eating it too" by arguing it didn't plan to enforce a law governing certain disclosures between vision insurers and optometrists while simultaneously fighting off a temporary injunction enjoining the law from going into effect.
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November 06, 2024
Calif. Truckers Seek Scrub Of State's New Emissions Rule
The California Trucking Association is asking a federal court in the state to give it a win in its challenge to the California Air Resources Board rule requiring that they switch to zero-emissions vehicles, saying the rule is preempted because it will impact trucking rates and routes.
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November 06, 2024
Maritime Commission Seeks To Ax Refusal To Deal Challenge
The Federal Maritime Commission is asking the D.C. Circuit to toss an ocean carrier industry challenge to federal rules for carrier practices, arguing that the World Shipping Council hasn't shown it has standing to contest the regulations.
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November 06, 2024
GOP Will Get A Crack At The Judiciary, But First, Lame Duck
With a little more than two months left in the Biden administration following Republicans' capture of the White House and Senate on Tuesday, a spokesperson for Senate Judiciary Committee Chairman Dick Durbin, D-Ill., said Durbin intends to confirm "every possible nominee" before time runs out on this Congress.
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November 06, 2024
Tempur Sealy, Mattress Firm Ask Court To Pause FTC Case
Tempur Sealy and Mattress Firm asked a Texas federal court to prevent the Federal Trade Commission's in-house merger case from moving ahead until after there is a decision on their constitutional challenge of the agency's process.
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November 06, 2024
Browns Won't Stop Ohio From Joining Stadium Dispute
The Cleveland Browns told an Ohio federal court that it has no problem with the state joining the City of Cleveland in facing down the NFL team's suit, which claims that a state law unconstitutionally impedes the team's plan to move to a new stadium.
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November 06, 2024
Judge Says Asylum Delays Are Reasonable Given Backlogs
A Miami federal judge said Tuesday that a backlog of asylum applications is a fair reason for a four-year delay in processing the application of a Russian national who sued over the hold-up.
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November 06, 2024
Ex-Exec Says Do-Nothing ComEd Jobs A Favor To Madigan
A former Commonwealth Edison executive testified Wednesday that several subcontractors the utility kept on the payroll for years did little to no work and were hired as a favor for former Illinois House Speaker Michael Madigan, bolstered by a series of recordings he captured while cooperating with the government.
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November 06, 2024
Mass. Tobacco Law's Penalty Provision Hits State's Top Court
Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.
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November 06, 2024
Coinbase, CFTC Reach Discovery Agreement For SEC Case
Coinbase said it has reached an agreement with the U.S. Commodity Futures Trading Commission on certain search terms that it believes satisfies its discovery needs in its ongoing securities enforcement case, resolving an earlier motion to compel the futures regulator to provide certain communications with crypto firms.
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November 06, 2024
City Can't Appeal Ex-Worker's PTSD Case, Conn. Justices Told
The city of Stamford, Connecticut, cannot appeal a hearing referee's decision allowing a military veteran to tack a post-traumatic stress syndrome accommodation claim onto a workplace disability discrimination case because it was not a final order, the Connecticut Commission on Human Rights and Opportunities told the state's highest court on Wednesday.
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November 06, 2024
Feds Look To Halt Vitamin Co. Payouts Amid $1.4M Tax Fight
A couple who bought a vitamin supplement company shouldn't continue to get payments from the business amid a suit claiming they're liable for a previous owner's $1.4 million tax lien, the U.S. Department of Justice told a Connecticut federal court Wednesday.
Expert Analysis
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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NYC Hotel Licensing Law's Costs May Outweigh Its Benefits
A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.
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The Unfolding Potential of Green Hydrogen In Brazil
A new federal law in Brazil establishing a legal framework for hydrogen development is the country's latest step toward creating a favorable environment for green hydrogen production, but significant challenges — including high production costs, technological hurdles and a lack of infrastructure — remain, says David Andrew Taylor at Almeida Advogados.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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How New OCC Priorities Will Affect Bank Compliance
With the Office of the Comptroller of the Currency recently releasing a new bank supervision plan for fiscal year 2025, all banks, not only those primarily supervised by the OCC, should consider how compliance with its guidelines creates opportunities and challenges, says Andrew Karp at Cadwalader.
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SEC Rulemaking Radar: The View From Election Day
The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.
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What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams
The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.
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A Shift In Control Of Congress May Doom These Enviro Regs
If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.
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How The Presidential Election Will Affect Workplace AI Regs
The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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A Look At Grewal's Record-Breaking Legacy After SEC Exit
Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.
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Opinion
PREVAIL Bill Is Another Misguided Attempt To Restrict PTAB
The decade-long campaign against the U.S. Patent and Trademark Office's Patent Trial and Appeal Board — currently focused on the PREVAIL Act that's slated for markup in the Senate — is not really about procedural issues, and it is not aimed at securing more accurate patentability decisions, says Clear IP's Joseph Matal, former acting director at the USPTO.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Boosting Confidence In Pennsylvania's Election System
As Election Day nears, Pennsylvania is facing an intense flurry of litigation, including an appeal to the U.S. Supreme Court centered on mail-in and provisional ballots, but the state's election system is robust, and attorneys from all practice areas have an important role to play in ensuring confidence in and access to our election system, says Bucks County Commissioner Bob Harvie.