Public Policy

  • June 24, 2024

    GOP States Can't Freeze PWFA Regs During 8th Circ. Appeal

    A coalition of Republican attorneys general can't pause implementation of the U.S. Equal Employment Opportunity Commission's fresh Pregnant Workers Fairness Act regulations while they appeal the dismissal of their suit, an Arkansas federal judge ruled, saying the states hadn't presented any new arguments to justify the respite.

  • June 24, 2024

    Paper Bag Imports Found To Have Harmed US Industry

    The U.S. International Trade Commission ruled that paper shopping bags from eight countries harmed the domestic industry, providing the final green light for the U.S. Department of Commerce to enact countervailing and anti-dumping duties on the products.

  • June 24, 2024

    Justices Affirm 6th Circ. Decision Allowing Bump Stocks

    The U.S. Supreme Court on Monday rejected the government's appeal of a Sixth Circuit decision blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives' ban on so-called bump stocks, after finding in a separate case that the ATF rule went beyond the agency's authority.

  • June 24, 2024

    Justices Pass On Rutgers COVID-19 Vax Mandate Case

    The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.

  • June 24, 2024

    Blumenauer Predicts Cannabis Rescheduling Before Year-End

    U.S. Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who is retiring this year, told cannabis attorneys on Monday that he was optimistic marijuana would be moved to Schedule III under the federal Controlled Substances Act before the end of the year.

  • June 24, 2024

    High Court To Review State Gender Care Bans

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.

  • June 24, 2024

    Justices Will Review Request To Rein In NEPA Requirements

    The U.S. Supreme Court on Monday granted seven Utah counties' request that it review a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah.

  • June 22, 2024

    Disciplinary Judge Hesitant To Oust Embattled Colo. DA

    A Colorado attorney disciplinary judge said Friday he was uncomfortable removing an elected local prosecutor facing various misconduct charges, telling the parties after closing arguments that voters' choices should carry some weight.

  • June 21, 2024

    Kaspersky Hit With Sanctions In Wake Of US Software Ban

    The U.S. Department of the Treasury on Friday sanctioned a dozen AO Kaspersky Lab executives, just a day after the U.S. Department of Commerce prohibited the sale of the Russia-based company's antivirus software and cybersecurity products in the United States.

  • June 21, 2024

    DOL Says Union's Farm Wage Challenge Too Late

    The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.

  • June 21, 2024

    Lawmakers Visit Imprisoned Ex-IRS Agent And Binance Exec

    Rep. French Hill, R.-Ark., and Rep. Chrissy Houlahan, D.-Pa., reiterated their calls for the release of Binance executive and former IRS agent Tigran Gambaryan after visiting with him in the Nigerian prison where he's being detained on money laundering charges levied against his employer.

  • June 21, 2024

    4 Big Banks Cited For 'Living Will' Weaknesses By Fed, FDIC

    Federal regulators said Friday that half of the nation's largest U.S. banks will need to shore up weaknesses identified in their most recent "living wills," plans that detail how they could be resolved quickly and safely in the event of severe distress or failure.

  • June 21, 2024

    FDIC Creates Offices To Investigate Workplace Misconduct

    The Federal Deposit Insurance Corp.'s board of directors on Friday approved the creation of two new independent offices to investigate complaints of sexual harassment, discrimination and other misconduct within the agency, which was accused of fostering a toxic workplace culture.

  • June 21, 2024

    Live Nation Investor Sues Leaders Over DOJ Antitrust Claims

    Live Nation's executives and directors were hit with a shareholder derivative lawsuit Friday in California federal court that seeks damages in the wake of the U.S. Department of Justice's allegations that the company monopolized concert promotion and ticket sales following its 2010 merger with Ticketmaster.

  • June 21, 2024

    Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats

    The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.

  • June 21, 2024

    Crypto Vet With FTX Ties Launches Fintech Policy Think Tank

    Former congressional hopeful and cryptocurrency veteran Michelle Bond announced her formation of fintech policy think tank Digital Future, making a return to financial services policy after the recent sentencing of her partner, former FTX executive Ryan Salame, and FTX-linked donations to her 2022 campaign.

  • June 21, 2024

    Trump Says AG Can't Appoint Prosecutor In Mar-A-Lago Case

    Attorney General Merrick Garland did not have the statutory authority to promote an independent special counsel to prosecute former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, Trump's attorneys told a Florida federal judge Friday.

  • June 21, 2024

    SC Agency Asks 4th Circ. To Rethink Google Ad Subpoena

    South Carolina's parks and tourism department wants the Fourth Circuit to reconsider its order mandating the agency turn over documents about its own online advertising efforts to Google to aid the tech behemoth in a fight against several states accusing it of monopolization.

  • June 21, 2024

    NCAA Teams May Suffer Without Int'l Student Pay Regs

    The historic $2.77 billion settlement to address college athletes' alleged lost compensation on name, image and likeness deals could have an adverse effect on university team rosters if the federal government fails to level the playing field for international athletes.

  • June 21, 2024

    Treasury Unveils Rules Curtailing Outbound Tech Investments

    The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.

  • June 21, 2024

    FDIC Approves 1st Industrial Bank Application In Years

    The Federal Deposit Insurance Corp. said Friday that it has approved plans from Thrivent Financial to create Thrivent Bank, making it the first new industrial bank to receive a green light from the agency during the Biden administration.

  • June 21, 2024

    Texas Medical Board Adopts Abortion Records Requirement

    Texas doctors who determine that an abortion is necessary during a pregnant patient's health crisis will face new recordkeeping requirements under a final rule issued Friday by the state's medical board.

  • June 21, 2024

    Fed. Circ. Backs Subsidy Duties For Canadian Wind Towers

    A Canadian wind tower manufacturer can't get a break on countervailing duties despite being upfront about errors in its sales data, with the Federal Circuit ruling Friday that the errors raise the possibility of additional mistakes.

  • June 21, 2024

    NY Judge Says Feds, MTA Fully Vetted Congestion Pricing

    A Manhattan federal judge has said federal and New York transportation agencies meticulously analyzed congestion pricing's potential impacts on traffic, air quality and other factors, rejecting local residents and community groups' claims that the Big Apple's now-paused congestion pricing was improperly approved.

  • June 21, 2024

    Claims Trimmed In Neb. Tribe's Debt Collection Suit

    A federal judge partially dismissed a Nebraska tribe's challenge to the Indian Health Service that claims the federal government repeatedly tried to collect millions on an already paid debt, saying its allegations over the validity of the 2017 agreement are barred by the Contract Disputes Act's one-year statute of limitations.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • Opinion

    Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit

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    A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.

  • Unpacking The Latest Tranche Of Sanctions Targeting Russia

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    Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

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    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

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