Public Policy

  • April 17, 2024

    Republican AGs Petition EPA To Drop Enviro Justice Initiative

    Attorneys general from 23 primarily Republican-led states on Tuesday demanded that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.

  • April 17, 2024

    Geolocation Co. Seeks FCC Revamp Of Lower 900 MHz

    Tech developer NextNav has asked the Federal Communications Commission to reconfigure the lower 900 megahertz spectrum band to allow for geolocation services that can back up the Global Positioning System.

  • April 17, 2024

    Seattle Says Firefighters' Amended Vax Complaint Still Flawed

    The city of Seattle insisted Wednesday that fatal flaws remain in an amended complaint from firefighters who sued over the city's COVID-19 vaccine mandate, including a failure to link religious discrimination and due process claims to Seattle Fire Chief Harold Scoggins and other named defendants.

  • April 17, 2024

    Lack Of Standing Sinks GOP States' Asylum Policy Challenge

    A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    FDA Tells Justices It Has A Better Vape Case In Mind

    The U.S. Food and Drug Administration has told the U.S. Supreme Court that if it wants to address the agency's decision not to approve applications for flavored e-cigarettes, there is a better case in the pipeline than the appeal lodged by Lotus Vaping Technologies that the justices should choose instead.

  • April 17, 2024

    States, Biz Groups Back Fight Over DOE Furnace Rules

    Eighteen states and several business associations are backing gas utility groups' challenge to the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that the agency is unlawfully forcing a switch to new appliances.

  • April 17, 2024

    SEC Has Careful Eye On Disclosures Amid Israel-Hamas War

    Against the backdrop of protracted war, the U.S. securities watchdog is urging U.S.-listed Israeli companies to disclose more details describing how the Israel-Hamas conflict is affecting their operations in order to keep investors apprised of risks, lawyers say.

  • April 17, 2024

    Racetrack's Unlisted Use Unremarkable, Mich. Justice Says

    A Michigan Supreme Court justice said Wednesday it was not "particularly remarkable" that a zoning ordinance did not list all approved commercial uses, as residents push the court to restrict a race dragway's operations, noting that the law uses examples because it would be impossible to list everything allowed.

  • April 17, 2024

    Senate Dems Make Short Work Of Mayorkas Impeachment

    Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.

  • April 17, 2024

    Florida Pleads With Judge To Stay Water Permit Ruling

    Florida called on a D.C. federal judge to pause his ruling vacating the U.S. Environmental Protection Agency's approval of the state's application to assume control of a Clean Water Act permitting program, amid its D.C. Circuit appeal.

  • April 17, 2024

    Missouri Moves To Block Biden's Student Loan Relief Plan

    A Missouri-led state alliance wants a federal court to block further student loan relief planned by the Biden administration, claiming the president's lending forgiveness scheme will cost them hundreds of millions of dollars and is doomed to fail under U.S. Supreme Court precedent.

  • April 17, 2024

    Reps. Want To Exempt Water Utilities From PFAS Liability

    A bipartisan duo of congressional lawmakers is pushing a bill that would exempt some public water systems, municipalities and other entities from liability for violations of federal "forever chemical" regulations.

  • April 17, 2024

    Tax Challenge Viable In Court, Philip Morris Tells NC Justices

    A North Carolina administrative court has the power to find a state tax law unconstitutional, tobacco company Philip Morris USA has told the state Supreme Court in its attempt to avoid a more than $300,000 franchise tax bill.

  • April 17, 2024

    FERC Won't Rethink Pacific Northwest Gas Project Approval

    The Federal Energy Regulatory Commission on Tuesday stood by its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest opposed by Washington and Oregon officials, but Commissioner Allison Clements said there is significant evidence that the project is not needed.

  • April 17, 2024

    Dems Uneasy Over ESPN, Fox, Warner Sports Streaming App

    A pair of House Democrats have raised concerns over plans by ESPN, Fox and Warner Bros. Discovery's to combine their vast live sports portfolios into a single app, pressing the programmers for details to ensure the joint venture won't increase consumer prices and degrade licensing terms for leagues and distributors.

  • April 17, 2024

    Swedish Tax Investigations Add $90M To Crypto Miners' Bills

    Investigations revealed that a number of cryptocurrency mining centers in Sweden misrepresented their business dealings, which led to the Swedish Tax Agency doling out a total of 990 million Swedish krona ($90 million) in increased tax liabilities, the agency said Wednesday.

  • April 17, 2024

    Ga. Justices Scoff At 'Unchallengeable' Redistricting Bid

    Georgia's high court on Wednesday seemed dubious of unprecedented claims from a suburban Atlanta county that it could assert the power to redistrict itself, while voicing equal skepticism that the two citizens who challenged that power had standing to do so.

  • April 17, 2024

    Longtime Nossaman Infrastructure Pro Joins Norton Rose

    Norton Rose Fulbright announced that it has hired an experienced attorney who has spent the last 20 years with Nossaman LLP as the firm's new co-head of its U.S. and North American infrastructure teams.

  • April 17, 2024

    Bankman-Fried Appeal May Cite Unusual Preview Testimony

    Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

  • April 17, 2024

    GOP Sens. Raise Ethical Concerns Over 6th Circ. Nominee

    Republicans went after a nominee for the Sixth Circuit during a hearing on Wednesday over allegations that he has behaved unethically as a prosecuting attorney, and that the White House picked him through a "backroom deal."

  • April 17, 2024

    Biden Taps Kaplan Hecker, MoFo Attys For DC Appeals Court

    President Joe Biden on Wednesday announced he is nominating a Kaplan Hecker & Fink LLP civil rights litigator and the co-chair of Morrison Foerster LLP's appellate and Supreme Court practice to serve on the D.C. Court of Appeals.

  • April 17, 2024

    Ga. DAs Revive Legal Fight Over Prosecutor Watchdog

    A bipartisan group of Georgia district attorneys has brought a fresh legal challenge to the state's new Prosecuting Attorneys Qualifications Commission, calling the body unconstitutional in a new lawsuit filed in Fulton County Superior Court on Tuesday.

  • April 17, 2024

    Ariz. Tribes Lose Bid To Block SunZia Power Line Project

    An Arizona federal judge on Tuesday rejected a request by Native American tribes and environmentalists to block work on SunZia's $10 billion transmission line in a southeastern valley known for its historic and cultural significance, finding that their claims are likely time-barred by a six-year statute of limitations that began in 2015.

  • April 17, 2024

    IBM Privacy Head Says AI Needs Transparency To Be Trusted

    To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.

Expert Analysis

  • How China's IP Proposal Could Affect US Brands' TM Strategy

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    Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.

  • Traversing The Web Of Nonjudicial Grievance Mechanisms

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    Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.

  • An NYDFS-Regulated Bank's Guide To Proper Internal Audits

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    As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Opinion

    States Should Follow Federal Lead On Expert Evidence Rules

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    The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.

  • Opinion

    Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders

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    The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.

  • Strategies For Navigating Compliance Monitorships

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    As independent compliance monitorships continue to be a favored tool of the government in resolving corporate enforcement matters, counsel should have a firm grasp on best practices for selecting a monitor, preparing the company and ensuring a productive relationship between the parties, say attorneys at WilmerHale.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • An Energy Industry Case Study In Expropriation Risk

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    Andrés Chambouleyron at Berkeley Research breaks down how expropriation risk and damage mitigation calculations vary considerably by different energy sources, and uses Argentina as a case study for how energy investors might protect their interests.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • At 'SEC Speaks,' A Focus On Rebuilding Trust Amid Criticism

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    At the Practising Law Institute's SEC Speaks conference last week, U.S. Securities and Exchange Commission leadership highlighted efforts to rebuild and restore trust in the U.S. capital markets by addressing investor concerns through regulatory measures and enforcement actions, emphasizing the need for cooperation from market participants, say attorneys at Perkins Coie.

  • Series

    Fla. Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments that could have a notable impact on Florida's finance community include progress on a bill that would substantially revise the state Securities and Investor Protection Act, and the Consumer Financial Protection Bureau's final rule capping late fees for larger credit card issuers, say Benjamin Weinberg and Megan Riley at Leon Cosgrove.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

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