Try our Advanced Search for more refined results
Public Policy
-
November 28, 2023
Ex-ERCOT Execs Escape Suit Over 2011 Energy Projections
An appellate panel said Tuesday that a group of former executives of Texas' primary electric grid operator could escape a lawsuit alleging they misled developers in the mid-2000s, putting an end to a second lawsuit stemming from the operator's more than decade-old energy capacity projections.
-
November 28, 2023
DC Appeals Court Skeptical Of Coke 'Greenwashing' Suit
The D.C. Court of Appeals reached for — but didn't necessarily find — a limiting principle on Tuesday morning as it heard arguments over whether it should revive a lawsuit accusing Coca-Cola of making misleading statements to consumers about its sustainability efforts to "greenwash" its products.
-
November 28, 2023
Justices Urged To Wade Into Emergency Abortion Care Fight
Anti-abortion groups and states have told the U.S. Supreme Court to reinstate an Idaho law criminalizing abortions in most circumstances while the federal government's challenge to the prohibition proceeds, arguing that the Biden administration has attempted an "end-run" around the high court's decision overturning Roe v. Wade.
-
November 28, 2023
SEC Adopts Dodd-Frank Era Securitization Conflicts Rule
The U.S. Securities and Exchange Commission adopted a rule Monday that was 12 years in the making, fulfilling a post-financial crisis congressional mandate to address conflicts of interest in the asset-backed securities industry by prohibiting investment banks from betting against some of the products they sell.
-
November 28, 2023
Timing May Be Tight For OECD's Crypto Reporting Framework
The 48 jurisdictions including the U.S. that intend to implement the OECD's cryptocurrency information exchange framework by 2027 will have to work quickly to meet that deadline given the time needed to enact domestic legislation and regulations to put the framework in place.
-
November 28, 2023
USPTO To Unveil New TM Search System This Week
The U.S. Patent and Trademark Office is replacing its decades-old search system for trademarks on Thursday, part of a larger effort to modernize its information technology tools.
-
November 28, 2023
Tenant Screener Can Be Liable Under FHA, Feds Tell 2nd Circ.
A Connecticut federal court was wrong to rule that a tenant background screening company cannot violate the federal Fair Housing Act based on a finding that it does not make rental decisions, the United States has argued in an amicus brief to the Second Circuit.
-
November 28, 2023
Feds Underpaid $281M In Support Costs, Ariz. Tribe Says
The Gila River Indian Community claims the U.S. Department of Health and Human Services and the Indian Health Service shortchanged it millions of dollars in funding for carrying out health care programs, and caused it more than a quarter-billion dollars in damages over four years.
-
November 28, 2023
Full 5th Circ. To Rethink Galveston Voting Rights Act Decision
The Fifth Circuit elected Tuesday to rehear a lawsuit challenging redrawn county commission precincts for Galveston, Texas, wiping a panel's seemingly reluctant decision from earlier this month to affirm a district judge's ruling striking down the new district maps for violating the Voting Rights Act.
-
November 28, 2023
Pa. Court Ponders Its Power To Review DA Impeachment
The Pennsylvania Supreme Court examined its own power to weigh in on impeachment proceedings Tuesday in a sprawling argument session over Republican lawmakers' efforts to reinstate their bid to remove Philadelphia District Attorney Larry Krasner from office.
-
November 28, 2023
Rep. Eshoo On Retiring: 'Health Care Has Been My North Star'
Over three decades on Capitol Hill and five presidential administrations, Rep. Anna G. Eshoo has left a deep mark on American health care and the pharmaceutical industry. As she prepares to retire, the California Democrat spoke with Law360 about what sparked her interest in health care reform, the battle to pass the Affordable Care Act and what she hasn't been able to accomplish in her long career.
-
November 28, 2023
2nd Circ. Upholds Ex-CEO's Conviction For Manafort Bribe
The Second Circuit on Tuesday upheld former Federal Savings Bank CEO Stephen Calk's conviction for giving former Donald Trump staffer Paul Manafort $16 million in loans in exchange for a chance at a job in the White House, rejecting a series of evidentiary and procedural arguments raised by Calk.
-
November 28, 2023
Recovery Firm's Ukraine Contract Beef Too Old, 1st Circ. Says
The First Circuit refused to revive an international asset recovery firm's longstanding dispute with the Ukrainian government over alleged unpaid work the firm did to uncover assets stolen by a former prime minister, saying most of the claims had expired.
-
November 28, 2023
Public Housing Tenant Sues NC Town Over Mold Infestation
A single mom of four is suing a small town in eastern North Carolina and a property management company on behalf of a proposed class of public housing residents who claim their apartments were overtaken by mold.
-
November 28, 2023
Justices Wary Of Ga. Retrial Law: 'An Acquittal Is An Acquittal'
The U.S. Supreme Court seemed dubious Tuesday that a Georgia law allowing for the re-prosecution of all criminal charges in certain cases with contradictory jury verdicts, including partial acquittals, passes constitutional muster, bombarding the state's solicitor general with questions on how the law fits into the nation's tradition of respecting jury verdicts.
-
November 28, 2023
UK Antitrust Agency Vet Rejoins As Merger Chief
The U.K.'s Competition and Markets Authority announced Tuesday that a former senior mergers official will be rejoining the agency to lead that division after nearly two years with strategic regulatory advisory firm Fingleton.
-
November 28, 2023
Texas Faces $342K Fees Ruling In 'Bill Of Rights Nativity' Row
A Texas federal magistrate judge has recommended the Lone Star State pay more than $342,000 in attorney fees and about $4,000 in costs to Freedom From Religion Foundation for its successful First Amendment challenge to the removal of an exhibit from the state capitol building in 2015.
-
November 28, 2023
Sens. Question Anesthesia Co.'s 'Monopolistic' Model
Sens. Elizabeth Warren and Richard Blumenthal have asked the CEO of U.S. Anesthesia Partners to rethink its "monopolistic business model" and its use of noncompete agreements among doctors.
-
November 28, 2023
Feds Want No Prison Time For Ex-NY Atty Who Aided Oligarch
The government asked a New York federal judge this week to allow a former real estate attorney, who admitted to participating in a money laundering scheme to help a Russian oligarch evade U.S. sanctions, to receive no prison time, despite the guidelines calling for 37 to 46 months.
-
November 28, 2023
Senate Confirms Longtime SDNY Official To Bench
The Senate voted 49-46 on Tuesday to confirm Margaret M. Garnett, special counsel to the U.S. attorney for the Southern District of New York, to serve on the district's bench.
-
November 28, 2023
Tribes Seek More Authority In Farm Bill Renewal, Report Says
As federal lawmakers continue to debate the renewal of the 2018 Farm Bill, groups backing Native American agriculture are calling for more support through expanded tribal self-governance authority and reduced barriers that would allow the U.S. Department of Agriculture to better implement its food and nutrition programs.
-
November 28, 2023
United To 'Aggressively' Push For Low-Cost Flyers, Exec Says
A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering.
-
November 28, 2023
Panel Sends Case Involving 'Ancient' Doctrine To La. Justices
Louisiana's high court is the right venue to consider whether a unique, deeply rooted state legal doctrine lets a Chesapeake Energy unit take post-production costs off the top of revenues owed to owners of state-mandated oil and gas pools, according to a divided Fifth Circuit opinion.
-
November 28, 2023
Fla., Hemp Co. Spar Over Out-Of-State Sales Under 2019 Law
A Fort Lauderdale hemp-product company is asking a federal judge to block allegedly unconstitutional stop-sale orders a Florida regulator imposed on its products, while the state regulator is pushing to have the company's suit scrapped in deference to a pending administrative hearing process.
-
November 28, 2023
Feds Tee Up Dumping Duties On Brass Rods From 5 Countries
The U.S. Department of Commerce lined up preliminary tariffs rising up to 77.14% on brass rod imports from five countries, after determining that overseas producers were likely selling their products in the U.S. at artificially low prices.
Expert Analysis
-
3 Evolving Issues Shaping The College Sports Legal Playbook
Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.
-
Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
-
5 Steps To Meet CFTC Remediation Expectations
After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.
-
Calif. Resource Adequacy Update May Revalue Power Projects
The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.
-
Copyright Ruling A Victory For Innovation In Publishing Sector
The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, proving that the practice stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.
-
Kochava Ruling May Hint At Next Privacy Class Action Wave
The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.
-
Forecasting The Impact Of High Court Debit Card Rule Case
John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.
-
Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
-
Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
-
The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
-
10 Takeaways From New HHS Federal Compliance Guidelines
The U.S. Department of Health and Human Services' recently issued general compliance program guidance is the first of its kind that would apply across all health care stakeholders, and signals the agency’s first step to improve and update existing compliance guidance, says Melissa Wong at Holland & Knight.
-
IRS Proposal May Help Clarify Donor-Advised Fund Excise Tax
Recently proposed regulations provide important clarifications of the Internal Revenue Code's excise tax on donor-advised fund distributions by providing detailed definitions of key terms and addressing some of the open issues related to their operation and administration, say attorneys at Morgan Lewis.
-
Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
-
What SEC Retreat In Ripple Case Means For Crypto Regulation
The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.
-
Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.