Public Policy

  • September 24, 2021

    Ky. Hospital Workers Can't Block Vaccine Mandate

    A Kentucky federal judge declined to provide a preliminary injunction to a group of hospital workers attempting to block their employer's COVID-19 vaccine mandate, ruling Friday that they have neither shown they're likely to succeed in their challenge nor that their individual liberties are being harmed.

  • September 24, 2021

    'Nontraditional Questions' Appearing In FTC Merger Probes

    In at least some merger probes the Federal Trade Commission appears in recent months to have started asking questions that antitrust attorneys say they've never fielded before, including queries about unionization at the merging companies, environmental issues and corporate governance practices.

  • September 24, 2021

    Climate Youths Urge No Judgment On Nonprofit Leaving Suit

    Youths suing the federal government over fossil fuel policies endangering their future by contributing to climate change have asked an Oregon federal judge to reject the government's request for a judgment on a nonprofit plaintiff trying to leave the suit.

  • September 24, 2021

    Trump Fights Transfer Of Big Tech Censorship Suits To Calif.

    Former President Donald Trump is urging a Florida federal judge to dismiss requests by Twitter and YouTube to transfer his censorship suits against them to the Northern District of California, saying the forum selection clauses in their terms of service do not apply to governmental entities.

  • September 24, 2021

    DirecTV Arbitration Clause 'Pro-Consumer,' 4th Circ. Told

    DirecTV has urged the Fourth Circuit to overturn a lower court's decision to keep a proposed class action over robocalls out of arbiters' hands, saying its arbitration agreement has "pro-consumer" benefits and customers are well aware of what they are signing.

  • September 24, 2021

    Fla. Panel Says Trial Court Must Rule If Game Is Illegal Slot

    A Florida appeals court on Friday found that a game room's operators had brought a triable issue before a lower court when they sought a ruling on whether an electronic game that local officials said they had to stop offering actually qualifies as a slot machine and violates state laws.

  • September 24, 2021

    Cannabis Bill Roundup: House OKs SAFE Act In Defense Bill

    The U.S. House of Representatives once again passed cannabis banking legislation, this time as part of a must-pass defense package, while Mississippi lawmakers announced that they had a deal for legalizing medical marijuana. Here are the major developments in cannabis reform policy from the past week.

  • September 24, 2021

    House Narrowly Approves Abortion Rights Bill

    The Democratic-controlled House of Representatives on Friday pushed through a measure that would protect abortion rights by statute across the country, a move that comes amid bitter fights in Texas and Mississippi about a woman's constitutional right to abortion.

  • September 24, 2021

    States Go First In Google Display Ads Case

    The Texas-led state attorneys general lawsuit against Google will go through briefing on dismissal motions while the rest of the massive consolidated case remains paused, a New York federal judge ruled Friday in an attempt to impose some order on litigation over the search giant's display advertising business.

  • September 24, 2021

    IRS Seeks Pre-Pandemic Processing Levels By Year's End

    The Internal Revenue Service has set a goal of restoring its tax return processing to pre-pandemic levels by the end of this year, a senior agency official said Friday.

  • September 24, 2021

    House Panel Urges DC Circ. To OK Full Trump Subpoena

    A congressional committee urged the D.C. Circuit to allow for full enforcement of the committee's subpoena seeking financial records from former President Donald Trump's accounting firm, saying a lower court wrongly circumscribed the request because of unsupported separation-of-powers concerns.

  • September 24, 2021

    Sen. Warren Reintroduces Bill To End Ch. 11 Forum-Shopping

    U.S. Sen. Elizabeth Warren reintroduced a bipartisan bill Thursday intended to curb the practice of forum-shopping in corporate bankruptcy cases so that large companies can't hand-pick the judges who oversee their insolvency cases.

  • September 24, 2021

    GAO Urges Congress To Break Nuclear Fuel Storage Impasse

    Congress needs to take action to break a decades-long stalemate over long-term storage of spent nuclear fuel that has cost billions in taxpayer dollars, according to a new report from the Government Accountability Office.

  • September 24, 2021

    Miss. Lawmakers Reach Deal To Legalize, Tax Medical Pot

    Mississippi lawmakers announced an agreement Friday on legislation to legalize and tax medical cannabis — 4½ months after the state Supreme Court invalidated a voter-approved measure to legalize marijuana for medical use.

  • September 24, 2021

    Utility Looks To Nix FTC Deal Obligations After Spinoff

    DTE Energy Co. has asked the Federal Trade Commission to relieve it of obligations imposed by a 2019 settlement addressing concerns over the purchase of a natural gas pipeline after the company said it spun off the portion of its business with an interest in the asset.

  • September 24, 2021

    Feds, Pa. Pulled Road Project 'Bait and Switch,' NAACP Says

    The NAACP and an environmental group on Friday asked a federal judge to force federal and Pennsylvania transportation regulators to do a more thorough environmental analysis of a road project they allege was only approved after the agencies perpetrated a "bait-and-switch scheme" on nearby residents.

  • September 24, 2021

    States Say Feds Are Slow-Walking 'Remain In Mexico' Reboot

    Texas and Missouri have blasted the Biden administration's delays in complying with a court order to restart a Trump-era program requiring asylum-seekers to wait in Mexico, saying the government need not hash out an agreement with Mexico before reinstating the policy.

  • September 24, 2021

    9th Circ. Gives Go-Ahead To CRT Settlement

    The Ninth Circuit said that it will not reconsider settlements between makers and certain purchasers of cathode ray tubes and denied efforts to intervene by members of the purchasing class who were not part of the settlements.

  • September 24, 2021

    Contractors Given Dec. 8 Deadline For Federal Vax Mandate

    Employees of federal contractors and subcontractors will be required to be fully vaccinated against COVID-19 by Dec. 8 even if they are not working directly on a government contract, the Biden administration said in guidance Friday clarifying its earlier vaccine mandate.

  • September 24, 2021

    Sen. Presses FCC To Step Up Action Against Spam Texts

    Amid proliferating spam texts, Sen. Richard Blumenthal on Friday urged the Federal Communications Commission to crack down on unwanted messages as regulators try to beat back the deluge of unsolicited phone traffic plaguing consumers.

  • September 24, 2021

    Biden Taps Migrant Advocate To Helm ICE's Prosecution Arm

    President Joe Biden has appointed a longtime immigrant rights lawyer as U.S. Immigration and Customs Enforcement's new top prosecutor, the agency confirmed to Law360 on Friday.

  • September 24, 2021

    Judge Ends Retirement To Lead Immigration Courts

    A former jurist who retired from the Executive Office for Immigration Review after two decades of service will be returning to lead the nation's immigration courts, the U.S. Department of Justice said Friday.

  • September 24, 2021

    Fla. Says Biden Immigration Policies Violate Law

    Florida told the Eleventh Circuit on Friday that two Biden administration policies temporarily narrowing the types of migrants prioritized for removal run afoul of the Immigration and Nationality Act's mandatory detention provision that requires detention of criminal noncitizens.

  • September 24, 2021

    UK Competition Watchdog Probing Pet Care Co. Deal

    A United Kingdom-based vet company's £20.4 million ($27.8 million) plan to pick up a rival chain has caught the eye of the nation's competition watchdog, which has ordered that the deal be put on ice while it probes the matter.

  • September 24, 2021

    Calif. Jury Awards $5M In Landmark Cannabis Antitrust Case

    A California jury Thursday awarded $5 million in damages to a marijuana company that said it was prevented from opening in Richmond by a rival group of dispensaries looking to control the local cannabis market, in what the plaintiff's attorneys characterized as the first cannabis-related antitrust case.

Expert Analysis

  • Perspectives

    One-Subject Rule Strategy Can Defeat Dangerous State Laws

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    Attorneys at Ulmer & Berne explain how single-subject rule violation claims can thwart certain unconstitutional or controversial state statutes and protect civil rights in the face of state governments under one-party rule.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • 4 Steps For Improving Board Diversity Per New Nasdaq Rule

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    Companies should view Nasdaq's recently finalized board diversity rules as an opportunity to tap into the knowledge and resources of potential board members who may not look like or have the same life experiences as individuals who have historically served on boards, say attorneys at Shook Hardy.

  • NY Debt Enforcement Alternatives For Cannabis Lenders

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    As the cannabis regulatory landscape continues to develop in New York, lenders contemplating extending credit to state-legal cannabis businesses must be acutely aware of procedures under state debt enforcement alternatives, set realistic expectations, and draft their agreements to maximize potential recoveries, say attorneys at Davis & Gilbert.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • UK Focus On Int'l Data Transfers Shows Appetite For Reform

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    Recent U.K. public consultations on international transfers of personal data and structural amendments to the country's General Data Protection Regulation illustrate the post-Brexit appetite for reform and signal changes to the international data transfers regime, say Kate Brimsted and Tom Evans at BCLP.

  • How Crypto Cos. Can Help Curb Pandemic Relief Fraud

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    The conversion of pandemic relief funds to cryptocurrency impedes oversight and raises questions about whether taxpayer dollars are going to bad actors, so crypto companies should partner with law enforcement to curb fraud, while gaining credibility and protecting the industry's reputation, say Special Inspector General for Pandemic Recovery Brian Miller and former SIGPR special counsel Chris Cooke.

  • Opinion

    FCA Proposal Is Unfair And Would Hinder Economic Growth

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    Recently proposed amendments to the False Claims Act that shift the burden of proof and costs of discovery unfairly stack the deck against defendants and create serious and unnecessary economic risks for companies and institutions that are building back our economy and helping people fight COVID-19, say Robert Salcido and Emily Gerry at Akin Gump.

  • What Telehealth Regulation May Look Like After COVID-19

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    The majority of regulatory flexibilities around telehealth authorized due to COVID-19 may disappear with the end of the public health emergency, but several bills pending in Congress could bring permanent change, especially when it comes to mental health and audio-only services, says Suzanne Joy at Holland & Knight.

  • Texas Tax Talk: Alarming Redefinition Of Nontaxable Services

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    In a concerning trend following two rulings from the Texas Comptroller, taxpayers in a variety of industries are facing audits that attempt to reclassify traditionally nontaxable service agreements as taxable equipment rentals, thereby unexpectedly increasing businesses' sales tax exposure, say attorneys at Baker Botts.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • OPT Class Action Settlement Will Help US Retain Talent

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    The agreement reached between the U.S. Citizenship and Immigration Services and applicants for post-graduate optional practical training, to remove unintended obstacles to participation caused by pandemic-related processing delays, signals the government’s recognition that retaining U.S.-educated foreign talent is critical to the economy, says Lindsey Steinberg at Mintz.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • Parsing New Int'l Tax Reporting Rules For Pass-Throughs

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    Attorneys at Grant Thornton unpack the Internal Revenue Service’s new pass-through entity reporting requirements for international tax matters and the accompanying guidance for penalty relief, and suggest how companies should prepare for what may be the most significant change to the partnership compliance function in decades.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

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