Public Policy

  • December 10, 2024

    AGs Urge FCC To Remove 'Pain' From Customer Service Calls

    A coalition of state attorneys general called Tuesday for the Federal Communications Commission to take some of the "pain" out of customer service calls in FCC-regulated industries from internet and voice calls to broadcast satellite.

  • December 10, 2024

    Mass. Chief Justice Says Courts Must Work To Improve Trust

    In an era of declining public confidence in the justice system, Massachusetts' state courts are generally held in high regard for fairness and access, yet they still have work to do, the chief justice of the state's highest court told attorneys on Tuesday.

  • December 10, 2024

    NJ Panel Revives Union's Suit Over Sick Leave Policies

    A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.

  • December 10, 2024

    Fed. Circ. Overturns VA Rule On 'Special' Ambulance Rates

    The Federal Circuit has vacated a U.S. Department of Veterans Affairs rule effectively reducing the rates the VA pays for "noncontract" ambulance services for disabled veterans, saying the rule exceeded the agency's statutory authority.

  • December 10, 2024

    Crypto Groups Rally Against Reappointing SEC's Crenshaw

    Cryptocurrency industry groups are pushing back on a potential second term for U.S. Securities and Exchange Commissioner Caroline Crenshaw with an online ad campaign and letters to lawmakers ahead of a Senate Banking Committee vote Wednesday on the Democrat's confirmation.

  • December 10, 2024

    DHS Makes Automatic Work Permit Extensions Permanent

    The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.

  • December 10, 2024

    NY DA Says Trump's 'President-Elect Immunity Does Not Exist'

    Prosecutors told the New York state judge presiding over Donald Trump's hush money case that "president-elect immunity does not exist" and that the court could delay sentencing — or even "terminate" the case without dismissing it.

  • December 10, 2024

    Ex-Denver Juvenile Judge Censured For Drinking On The Job

    Colorado justices have censured a former state judge on Denver's juvenile court after he fired an employee who reported him for drinking while he was supposed to be working.

  • December 10, 2024

    Judge Says Indiana Grid Project Law Is Discriminatory

    An Indiana federal judge has blocked the state's right of first refusal law granting Indiana-based utilities the first attempt at securing new transmission project contracts in the state, saying the law discriminates against out-of-state economic interests.

  • December 10, 2024

    NC High Court Candidate Wants In On Ballot Count Fight

    North Carolina Court of Appeals Judge Jefferson Griffin, a state Supreme Court candidate, asked a federal court to let him intervene in the state Democrats' suit seeking to block challenges he and other Republican candidates have filed against 60,000 ballots, stating the case's result will decide his race.

  • December 10, 2024

    NY AG Refuses To Drop $489M Fraud Case Against Trump

    The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.

  • December 10, 2024

    $24.6B Kroger-Albertsons Merger Blocked By 2 Judges

    Kroger's planned $24.6 billion purchase of Albertsons suffered double whammy blows Tuesday, first from an Oregon federal judge who temporarily blocked the deal in a Federal Trade Commission challenge, and then from a Washington state judge who sided with the state's attorney general and issued a permanent, national block.

  • December 10, 2024

    NY Appealing Judge's Dismissal Of Plastic Pollution Suit

    New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.

  • December 10, 2024

    Ex-Conn. Utility Execs Win Pretrial Diversion Bid In 2nd Case

    A Connecticut federal judge has approved pretrial diversion agreements between federal prosecutors and two former public utility executives, pausing a second prosecution as the duo prepare to serve prison sentences in a case alleging they misused public funds.

  • December 10, 2024

    Ky. Rep. Guthrie To Chair House Energy And Commerce Panel

    Rep. Brett Guthrie, R-Ky., has won the race for chair of the House Energy and Commerce Committee, a key congressional post that includes jurisdiction over telecom issues and oversight of the Federal Communications Commission.

  • December 10, 2024

    Biden Threatens To Veto Bipartisan Effort To Add Judgeships

    The White House on Tuesday threatened to veto legislation that would increase the number of federal judgeships nationwide after the measure lost support among Democrats postelection.

  • December 10, 2024

    Ore. Real Estate Agent Underreported Income, Court Says

    An Oregon real estate agent and investor failed to report nearly $188,000 in income, including the profits from two property sales, the state's tax court ruled, rejecting her appeal of the state tax department's findings except for small adjustments.

  • December 10, 2024

    NLRB Judge Protections Get Ax In Constitutional Challenge

    A Washington, D.C., federal judge on Tuesday sided with a Massachusetts hospital in its challenge to National Labor Relations Board judges' job protections, saying the board's judges must be removable at will, but stopping short of holding that their protections are a basis for blocking cases they're currently hearing.

  • December 10, 2024

    High Court Bars Judicial Review Of Revoked Visa Petitions

    The U.S. Supreme Court on Tuesday held that revocations of previously approved visa petitions cannot be appealed in federal courts because they are discretionary agency decisions that are not subject to judicial review.

  • December 09, 2024

    Calif. Floats Requiring Social Media Warning Labels

    California Attorney General Rob Bonta on Monday introduced a bill that would require a "black box warning" to be displayed on social media platforms to remind users of the risks of prolonged social media use, citing research linking children's and teens' use to health harms like depression.

  • December 09, 2024

    Feds Cite 9th Circ. In Bid To End Texas' Migrant Transit Law

    The Biden administration and immigrant advocacy groups told a Texas federal court that a recent Ninth Circuit decision backed their bid to strike down a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants.

  • December 09, 2024

    CFPB Eyes Credit Reporting Rule To Address 'Coerced Debt'

    The Consumer Financial Protection Bureau said Monday that it is looking into new credit reporting safeguards for consumers who have experienced domestic violence or other abuse, launching a rulemaking push that will carry into the next Trump administration.

  • December 09, 2024

    High Court Again Weighs Reach Of Federal Fraud Statutes

    The U.S. Supreme Court on Monday grappled with the question of whether using deceptive means to induce a business transaction with no contemplation of causing economic loss constitutes mail or wire fraud, the latest challenge in a line of cases that seeks to narrow the reach of federal fraud statutes.

  • December 09, 2024

    ​4th Circ. Joins Anti-Garamond Train As Typeface Loses Steam

    Note from the federal appellate bench in Virginia's capital city on Monday: When attorneys correspond, judges in Richmond want Garamond to be gone — they think the typeface is small and wan, so please find another one, such as Times New Roman.

  • December 09, 2024

    Boeing Supplier Wins Bid To Block Texas Biz Records Inquiry

     A Texas federal judge on Monday adopted a magistrate judge's recommendation granting Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records.

Expert Analysis

  • A Closer Look At SDNY Bankruptcy Rule Amendments

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    The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.

  • How Litigation, Supply Chains Buffeted Offshore Wind In 2024

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    U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • What Bisphenol S Prop 65 Listing Will Mean For Industry

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    The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Permitting, Offtake Among Offshore Wind Challenges In 2024

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    Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream

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    As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.

  • Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion

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    Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Federal Embrace Of Crypto Regs Won't Lower State Hurdles

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    Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

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