Public Policy

  • June 29, 2022

    3rd. Circ. Preview: NJ Election Law Takes Center Stage In July

    The intricacies of New Jersey election law are set to be examined in July by the Third Circuit, which will hear argument on the kinds of slogans candidates can include on ballots and whether banks can contribute to campaigns.

  • June 29, 2022

    CFPB Warns Debt Collectors About 'Pay-To-Pay' Fees

    The Consumer Financial Protection Bureau on Wednesday moved to curb the use of so-called convenience fees in the debt collection industry, issuing an advisory opinion that says debt collectors are generally prohibited from charging extra fees for payments made online or over the phone.

  • June 29, 2022

    Venable In LA Recruits 3 Land Use Attys From Ervin Cohen

    Venable LLP said Wednesday it has hired three former Ervin Cohen & Jessup LLP attorneys to join the firm's land use and zoning practice group in Los Angeles.

  • June 29, 2022

    Spotlight Grows On Cipollone's Absence From Jan 6. Hearings

    A firsthand account of intense anxiety among White House lawyers about criminal charges for officials coming out of Trump's "Stop the Steal" rally has put the spotlight on an empty seat at the House committee investigating the attack on the U.S. Capitol.

  • June 29, 2022

    The State Of Abortion Legal Challenges Around The US

    Since the U.S. Supreme Court reversed Roe v. Wade last week with its landmark decision in Dobbs v. Jackson Women’s Health Organization, restrictive state abortion bans have seen a wave of legal challenges. Here’s what’s happened in courthouses across the U.S. post-Dobbs.

  • June 29, 2022

    Faegre Drinker Takes On Veteran Enviro Attorney In NY

    Faegre Drinker Biddle & Reath LLP has hired an environmental attorney with three decades of experience from Manatt Phelps & Phillips LLP, adding to a team with a national and international scope of coverage on pressing issues.

  • June 29, 2022

    FCC Republican Calls On Smartphone Giants To Dump TikTok

    A Republican on the Federal Communications Commission called on Apple and Google to pull the TikTok app from smartphones after a deluge of reports laying out the Chinese-owned app's data-snooping risks to Americans.

  • June 29, 2022

    Brownstein Adds Ex-Senate Aide To Lobbying Practice In DC

    Brownstein Hyatt Farber Schreck LLP has added a former Capitol Hill staffer to its lobbying practice in Washington, the firm announced this week.

  • June 29, 2022

    Eastman Drops Suit To Keep Cell Records From Jan. 6 Panel

    Embattled former Trump attorney John Eastman has dropped his lawsuit seeking to block the House committee investigating the Jan. 6 Capitol insurrection from obtaining his cellphone records.

  • June 29, 2022

    Giuliani Pal Gets 20 Months For Election Crimes, Fraud

    Former Rudy Giuliani associate Lev Parnas on Wednesday was sentenced to one year and eight months in prison following his conviction at trial of campaign finance violations and his admission to conspiring to defraud investors in his anti-fraud startup Fraud Guarantee.

  • June 29, 2022

    Breyer To Officially Step Down Thursday At Noon

    Justice Stephen Breyer, a key member of the Supreme Court's liberal bloc since he joined in 1994, will officially retire from the high court at noon on Thursday as Justice-designate Ketanji Brown Jackson takes the oaths to become the 116th member of the institution.

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 29, 2022

    High Court Says States Can Handle Some Reservation Crimes

    A divided U.S. Supreme Court ruled Wednesday that Oklahoma and other states aren't barred by federal law from prosecuting non-Indians for crimes against Indians on reservations, handing Oklahoma a win in its bid to exert more authority on tribal land following the high court's landmark 2020 McGirt decision.

  • June 29, 2022

    Ohio Abortion Clinics Turn To State High Court After Dobbs

    Abortion clinics on Wednesday asked Ohio's highest court to declare that a law in effect that bans most abortions violates the state's constitution, a legal strategy they see as a new path forward following the U.S. Supreme Court's decision to overturn Roe v. Wade.

  • June 28, 2022

    Contested GOP Primary For Ill. High Court Too Close To Call

    Suburban Chicago voters appeared to choose Lake County Associate Judge Elizabeth Rochford on Tuesday as their Democratic candidate heading into November for a wide-open seat in the Illinois Supreme Court bench, but the district's Republican race remained too close to call early Wednesday morning.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    Judge Skeptical Of Sikhs' Suit Over Marine Corps Beard Ban

    Three Sikhs suing to block the Marine Corps from forcing them to shave their beards while in basic training faced strong skepticism on Tuesday after a D.C. federal judge repeatedly suggested the prospective recruits could join other branches of the military that have relaxed boot camp rules.

  • June 28, 2022

    Feds Back Shoshone Tribe's Hunting Rights At 9th Circ.

    The U.S. Department of the Interior on Tuesday added its voice to the Northwestern Band of the Shoshone Nation's request that the Ninth Circuit overturn an Idaho federal judge's ruling that the tribe doesn't have treaty rights to hunt and fish in its aboriginal lands.

  • June 28, 2022

    CFPB Urged To Scrap Anti-Bias Revamp Of Exam Manual

    Major banking trade groups and the U.S. Chamber of Commerce called Tuesday for the Consumer Financial Protection Bureau to scrap new examination policies that broaden the scope of the agency's anti-discrimination policing, hinting at a potential for legal action if the agency doesn't reverse course.  

  • June 28, 2022

    Enviros Urge Full Speed Ahead For Minn. Mine Challenge

    Five conservation groups, including the Center for Biological Diversity, told a Minnesota federal court Monday to proceed with their bid to block the state's first open-pit copper mine, claiming the project's federal approval "would forever escape judicial review" if their suit is tossed.

  • June 28, 2022

    2nd Circ. Reverses BIA On Dual Citizen Refugee Question

    The Second Circuit held on Tuesday that a dual national asylum-seeker can qualify as a refugee by showing persecution in just one of their countries of nationality, reversing a lower tribunal's decision.

  • June 28, 2022

    Enviro Groups Say Texas Refuses To Follow Air Permit Rules

    A cohort of environmental groups petitioned the U.S. Environmental Protection Agency on Tuesday to require Texas' environmental regulator to increase public participation and consider environmental justice impacts during its air permitting program. 

  • June 28, 2022

    6th Circ. Lifts Block On Tenn. Abortion Restriction

    The Sixth Circuit gave Tennessee the green light Tuesday to enforce a law that bars abortions after six weeks, citing the U.S. Supreme Court's recent decision that overturned Roe v. Wade.

  • June 28, 2022

    White House Reviewing Immigration Fee Changes

    The White House is reviewing upcoming changes to the fees U.S. Citizenship and Immigration Services charges immigrants seeking citizenship and other immigration benefits, with an eye to releasing the proposal in September for public feedback.  

  • June 28, 2022

    Trump Was Bent On Joining Capitol Mob, Meadows Aide Says

    Despite warnings about people carrying weapons near the White House on Jan. 6, 2021, former President Donald Trump was so furious over what he saw as too few people in a secured area at his "Stop the Steal" rally that he urged the Secret Service to remove magnetic screening machines.

Expert Analysis

  • Cybersecurity Basics Are Key to Combating Ransomware

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    Recent prohibitions on ransom payments and other public policy measures vastly underestimate the breadth and complexity of the ransomware problem and will only work if organizations adopt basic cyber defenses, says Kate Margolis at Bradley.

  • NY Contractor Relief Bill Is Much-Needed, But Imperfect

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    Once signed by the governor, New York's S.B. 10109 will correctly provide relief to construction contractors negatively affected by drastic material price escalations, though it is held back by an arbitrary time restriction, say attorneys at Cohen Seglias.

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Crypto Litigation May Grow In Absence Of Regulatory Scheme

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    Three recent cases in the digital asset space illustrate how regulatory uncertainty has created fertile ground for litigation and enforcement to grow, leaving cryptocurrency trading platforms and users to closely monitor guidance from applicable regulatory agencies, say attorneys at Choate.

  • 5th Circ. Ruling Signals Judicial Shift On SEC Admin Process

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    The Fifth Circuit’s decision in Jarkesy v. U.S. Securities and Exchange Commission signals a growing discomfort in the judiciary with the SEC's administrative process, and those dealing with enforcement actions should bring their constitutional challenges early and often, say Benjamin Daniels and Trevor Bradley at Robinson & Cole.

  • DOT Standards For EV Chargers Address Key Public Concerns

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    The U.S. Department of Transportation's recently proposed standards for public electric vehicle charging infrastructure reflect the Biden administration's continued effort to encourage EV deployment in the U.S. markets — and speak to some of the most important concerns of EV consumers relating to charging, say Levi McAllister and Maggie Curran at Morgan Lewis.

  • Opinion

    NYC Pay Transparency Law May Fail To Close Wage Gap

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    Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Deploying US Discovery In Brazil Following High Court Ruling

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    While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

  • High Court's Tribal Ruling May Enable More Gambling In Texas

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    The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

  • Proposed Online Platform Regs Deviate From Antitrust Norms

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    The U.S. and EU are on the cusp of adopting digital platform legislation that would impose regulations based solely on firms' size, avoiding traditional antitrust principles and potentially changing the way online platforms' conduct is litigated, say Daniel Fenske at Mayer Brown and Felipe Pereira at Tauil Chequer.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

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