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Public Policy
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November 26, 2024
EPA Asks Justices Not To Block Coal Ash Rule
U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court Tuesday to reject a Kentucky electric utility's effort to halt a U.S. Environmental Protection Agency rule strengthening federal regulations requiring safe management of coal ash.
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November 26, 2024
Prosecutor Defends Outside Counsel Hires To Mich. Justices
A Michigan county's elected prosecutor told the state Supreme Court his stymied request to seek legal advice from outside law firms was valid, arguing he should be able to consult attorneys to manage risk after the county's corporation counsel refused to represent him.
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November 26, 2024
Madigan Pushed Land Transfer After Law Biz Pitch, Jury Told
A former Chicago alderman testifying against ex-Illinois House Speaker Michael Madigan told jurors Tuesday he connected prospective developers to Madigan, who lobbied to take on their legal work and soon after pushed legislation that would clear the way for their project.
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November 26, 2024
Google Search Judge Says AI Will Affect Remedy Phase
The judge overseeing the government's search monopolization case against Google suggested Tuesday in D.C. federal court that artificial intelligence is shifting the market and will likely play a role in the remedies the court imposes on Google for allegedly violating antitrust law.
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November 26, 2024
T-Mobile, Sprint Slam FCC Privacy Fine At DC Circ.
T-Mobile and Sprint are asking the D.C. Circuit to knock down $92 million in fines the FCC slapped them with for selling users' sensitive location data, saying that a recent U.S. Supreme Court decision backs their contention they deserved a jury trial.
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November 26, 2024
Don't Undermine Existing CBRS Users, Wireless Cos. Tell FCC
Businesses that rely on the Citizens Broadband Radio Service want the Federal Communications Commission to refrain from making any changes that could disrupt existing business users of the tiered access spectrum.
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November 26, 2024
Report Floats Indoor-Only Sharing For Federal Spectrum
A public interest group is urging federal agencies to consider indoor-only use by new users across five spectrum bands currently occupied by federal users in order to allow sharing by private users without compromising the needs of military and other incumbent networks or risking interference.
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November 26, 2024
Officials Must Face Claims From Pot Farm Raid, Grower Says
A farmer whose Oklahoma property was razed by state drug enforcers, allegedly causing the destruction of crops and agriculture equipment worth millions of dollars, is pushing back on efforts by law enforcement to escape his suit, saying they shouldn't get qualified immunity.
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November 26, 2024
Hemp Org. Warns Farm Bill Would Ban Some Legal Products
A major hemp trade organization said Tuesday the Senate Democrats' version of the Farm Bill has some "concerning" implications for hemp that could result in product bans.
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November 26, 2024
Mohawk Sues PFAS Manufacturers For Fraud
The world's largest flooring manufacturer has sued 3M Co., E.I. du Pont de Nemours and Co., The Chemours Co., and Daikin America Inc. in Georgia state court, alleging the chemical manufacturers lied about the dangers of so-called forever chemicals in order to trick the company into purchasing their products.
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November 26, 2024
EchoStar, Navajo Push FCC For Fixed Wireless In 12 GHz
EchoStar Corp. and other 12 gigahertz license holders said they can provide the Navajo Nation part of that spectrum band to help deploy broadband on tribal lands if the Federal Communications Commission paves the way for fixed 5G wireless services.
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November 26, 2024
5th Circ. Says CFPB Payday Rule Can Take Effect Next Year
The Fifth Circuit said Monday that the Consumer Financial Protection Bureau can begin requiring compliance with its payday lending rule in just a few months as planned, sidestepping a request from lender trade groups to keep a court-ordered stay in place for longer.
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November 26, 2024
Fox News Host Beats Biden Associate's Defamation Suit
A New York federal judge has spiked a defamation suit filed against a Fox News analyst by Anthony Bobulinski, a former business associate of Hunter Biden's, finding that an on-air erroneous comment "does not impact Bobulinski's reputation meaningfully more" than his own decisions already have.
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November 26, 2024
NC Governor Says $227M Hurricane Relief Bill 'Plays Politics'
North Carolina Gov. Roy Cooper on Tuesday vetoed a Hurricane Helene disaster relief bill in which Republican lawmakers had shoehorned measures to strip his and other Democrat-controlled offices of certain powers, calling it "sham" legislation.
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November 26, 2024
EPA Overstepped With Methane Control Rule, DC Circ. Told
The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.
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November 26, 2024
Calif. Judge Says Flores Reporting Requirements Still In Effect
A California federal judge said the government must resume reporting data on migrant children being held in heightened supervision facilities to human rights groups under the 1997 Flores settlement, saying the Office of Refugee Resettlement should not have ceased doing so.
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November 26, 2024
Fulton County DA Seeks To Reinstate Trump Election Charges
The Fulton County District Attorney's Office told the Georgia Court of Appeals on Monday that six criminal charges against President-elect Donald Trump and others should be reinstated as they have an "abundance" of information to prepare their defense against allegations of trying to subvert the results of the November 2020 election.
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November 26, 2024
California's Top Bank, Fintech Regulator To Exit At Year's End
The top banking and fintech regulator for California is departing from the state's Department of Financial Protection and Innovation in a little more than a month, an agency spokesperson told Law360 on Tuesday.
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November 26, 2024
Illinois Landowners Blast FERC Moves On $7B Power Line
The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.
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November 26, 2024
Nadine Menendez's Atty Seeks Trial Delay Due To Jan. 6 Case
Counsel for Nadine Menendez in a bribery case that toppled her husband, former U.S. Sen. Robert Menendez, asked a New York federal judge to delay her January trial date because it would likely conflict with the trial of another client facing charges in March in the 2021 Capitol insurrection.
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November 26, 2024
Lawmaker-Turned-Judge Right Not To Recuse, Panel Says
A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.
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November 26, 2024
Mexico Floats Retaliation Against New Trump Tariffs
Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.
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November 26, 2024
UK Gov't Urged To Hold Off On Changes To Inheritance Tax
The British Labour government should hold off on inheritance tax changes for farmers, scheduled to take effect in April, that would make gifts to their heirs taxable if they occur within seven years of the giver's death, a U.K. economics think tank said.
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November 26, 2024
DHS Eases Work Restrictions For Lebanese F-1 Visa Students
The U.S. Department of Homeland Security said Tuesday that it will temporarily remove some regulatory requirements for obtaining work visas for Lebanese students, responding to the ongoing violence between Hezbollah and the Israeli military in southern Lebanon.
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November 26, 2024
Va. Rep. Sponsors Bill To Recognize Nottoway Tribe
A Democratic congresswoman has introduced a bill that would give federal recognition to the Nottoway Indian Tribe of Virginia, which she said is "long-overdue."
Expert Analysis
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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.
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Takeaways From The IRS' Crypto Doc Summons Win
A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.
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A Novel Expansion Of Alien Tort Statute In 9th Circ.
The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Election Outcome Could Reshape Financial Industry
The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3 Steps For Companies To Combat Task Scams
On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.
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NY Tax Talk: Questions In Corporate Franchise Tax Regs Case
In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.