Public Policy

  • February 21, 2024

    Boston Faces Suit Over Women's Soccer Stadium Project

    The city of Boston was slammed with a complaint in Massachusetts Superior Court by a nonprofit organization seeking to halt the city's pending privatization of the George Robert White Memorial Stadium in order to transform it into a women's professional soccer stadium.

  • February 21, 2024

    Mass. High Court Pick Challenged Over Past With Governor

    Massachusetts Gov. Maura Healey's pick for the state's highest court faced questions Wednesday about potential conflicts of interest arising from her past romantic relationship with the governor from members of the panel that votes to confirm judicial nominations in the state, a rare pushback by the Governor's Council.

  • February 21, 2024

    Pa. High Court Returns Insurer's Status Question To 3rd Circ.

    The Pennsylvania Supreme Court reversed its decision to consider whether a state-created insurer of last resort is a public or private entity, sending the case back to the Third Circuit on Wednesday after determining that the question was a matter of federal law.

  • February 21, 2024

    Patent Office Proposes Having More Attys Argue At The PTAB

    Federal patent officials are planning to increase the number of attorneys who can practice before the Patent Trial and Appeal Board, making a proposal to do things such as "designate non-registered practitioners who are recognized pro hac vice" as the legal head of a party in a proceeding.

  • February 21, 2024

    Inventor Group Loses Bid For Info From USPTO

    A D.C. federal judge has given the U.S. Patent and Trademark Office a win in a suit accusing it of flouting federal law by not adequately providing an inventor group with information it requested from the federal government relating to delegations of authority to various officials at the agency.

  • February 21, 2024

    FCC Commissioner To Meet With Indian Gov't On TikTok Ban

    FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.

  • February 21, 2024

    Ga. Urges Judge To Reject DOJ Bid To Join Voting Rights Suit

    Georgia officials want a Peach State federal court to reject the Biden administration's delayed attempt to join a lawsuit alleging a recent state election law discriminates against Black voters, arguing the move is driven by the government's concern about losing its own challenge to the state's voting rules.

  • February 21, 2024

    Developing Countries Favor Majority Voting At UN Tax Group

    The United Nations General Assembly's simple majority voting rules should continue to apply in a steering committee to draft rules, procedures and possibly goals for a framework convention on global tax cooperation, although governments should still pursue consensus, diplomats from many developing countries said Wednesday.

  • February 21, 2024

    FCC Considers Adding Missing Persons To Emergency Alerts

    The Federal Communications Commission plans to introduce a new code to the Emergency Alert System to allow information about missing or endangered persons to be widely disseminated.

  • February 21, 2024

    Calif. Bill Would Let AG Audit Private Equity Healthcare Deals

    California Attorney General Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have filed legislation that will give the state's AG oversight of private equity and hedge fund acquisitions of healthcare facilities, saying that private equity is causing soaring consumer costs.

  • February 21, 2024

    Green Groups Press FERC To Rescind Tenn. Pipeline Approval

    Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.

  • February 21, 2024

    IRS To Crack Down On Corp. Jet Travel Tax Compliance

    The Internal Revenue Service is going to begin conducting audits of three to four dozen corporations, partnerships and individuals this spring to crack down on improper business deductions and underreporting related to personal use of corporate jets, IRS Commissioner Daniel Werfel said Wednesday.

  • February 21, 2024

    Conn. Court Pauses Refund Plan For Ex-Nursing Students

    Over the objections of the Connecticut attorney general, a judge has temporarily halted a state agency's plan to refund some tuition money that students paid to the now-shuttered nursing school Stone Academy, siding with a proposed class of affected students who want to avoid waiving their legal rights in order to receive the payments.

  • February 21, 2024

    FCC Looks To Finalize 'All-In' Cable Pricing Disclosures

    The Federal Communications Commission plans to vote next month on controversial rules to require cable companies to post "all-in" prices on marketing materials and subscriber bills.

  • February 21, 2024

    1st Circ. Won't Revive $19M Casino Deal Suit Against Wynn

    The First Circuit affirmed the dismissal of a real estate executive's suit claiming Wynn Resorts reneged on a handshake deal to pay him $19 million for helping it obtain a casino license, pointing to an opinion from Massachusetts' top appellate court saying the agreement is unenforceable on public policy grounds.

  • February 21, 2024

    Police Immunity Hinges On Whether Silent Siren Led To Injury

    The Colorado Supreme Court has ruled that a police officer can be held liable if failure to use sirens or emergency lights while pursuing a suspect may have contributed to a person's injuries.

  • February 21, 2024

    AT&T Says Satellite Cell Coverage Must Rely On Leases

    The Federal Communications Commission will soon vote on new rules allowing satellite companies to use spectrum to beef up mobile connectivity, helping eliminate "dead zones."

  • February 21, 2024

    Sen. Whitehouse Slams Supreme Court Fact-Finding

    Sen. Sheldon Whitehouse, D-R.I., chair of the Senate Judiciary Committee's federal courts subpanel, blasted in a new law review article the U.S. Supreme Court's "improper" fact-finding under Chief Justice John Roberts.

  • February 21, 2024

    Texas Seeks Nonprofit Shutdown, Alleges Migrant Smuggling

    Texas' attorney general wants a court in El Paso County to shut down a Catholic nonprofit organization for allegedly denying the state immediate access to records to evaluate whether the organization was smuggling or harboring migrants, among other alleged legal violations.

  • February 21, 2024

    Commerce Can't Cite Wikipedia To Expand Duties, Court Says

    The U.S. Department of Commerce couldn't convince the U.S. Court of International Trade that Wikipedia articles supported its expansion of vertical engine tariffs, with a judge noting that U.S. courts have repeatedly rejected Wikipedia as a source.

  • February 21, 2024

    How Trump's Hush Money Trial Helps Or Hurts Jack Smith

    Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak."

  • February 21, 2024

    Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

    Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics."

  • February 21, 2024

    Calif. AG Settles With DoorDash Over Marketing Data Sale

    DoorDash will pay $375,000 to resolve the California attorney general's claims that the food delivery service violated the state's landmark consumer privacy law by failing to clearly inform users of their ability to opt out of the sale of their personal information to a marketing vendor, the agency announced Wednesday.

  • February 21, 2024

    House Leaders Create Bipartisan AI Task Force

    The House of Representatives is forming a bipartisan task force on artificial intelligence, with leaders in the lower chamber planning to explore ways to maintain America's lead on AI while considering "guardrails" for the technology.

  • February 21, 2024

    Ohio Justice Fights To Keep Election Label Rule Suit Alive

    Ohio Supreme Court Justice Jennifer Brunner pushed back against the Buckeye State secretary of state's bid to throw out her suit challenging a law requiring candidates for appellate judgeships to have their party affiliations on election ballots, arguing her constitutional rights had already been violated.

Expert Analysis

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.

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