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Public Policy
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June 05, 2024
Ill. Budget Has Higher Cap On NOLs, Sports Betting Tax Hike
Illinois will extend a cap on corporate net operating loss deductions, increase its sports betting tax and reduce sales tax rebates for retailers under a $53.1 billion fiscal year 2025 budget signed Wednesday by Democratic Gov. J.B. Pritzker.
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June 05, 2024
Utah Tribe Wants 'Depleting' State Water Contract Drained
Utah entered into a water contract with the U.S. Department of the Interior without properly considering the Ute Indian Tribe's water rights, the tribe told a federal court in a request to set aside the deal.
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June 05, 2024
Biden Asylum Halt Contradicts Border Wire Suit, Texas Says
Texas tore into the U.S. Department of Homeland Security on Wednesday, saying a new executive order that halts asylum claims from immigrants who cross the border illegally directly contradicts the agency's argument before the Fifth Circuit over Texas' use of concertina wire fencing at the border.
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June 05, 2024
Exceptions May Help New Border Rules Survive Litigation
The new border regime that President Joe Biden rolled out this week relies on legal provisions that courts largely barred the Trump administration from using to restrict entry, but exceptions in Biden's policy could offer insulation from adverse rulings this time.
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June 05, 2024
Ga. Panel Sides With State In County Fire Contract Fight
A Georgia Court of Appeals panel on Wednesday backed the state's Department of Behavioral Health in a dispute over a fire-protection services contract with a county government, ruling the department couldn't be held liable for canceling the contract because it has no statutory power to enter into it.
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June 05, 2024
House Votes To Block Vets' Access To Gender-Affirming Care
The U.S. House of Representatives on Wednesday passed a $147.5 billion spending bill along mostly party lines funding military construction and the U.S. Department of Veterans Affairs, which would block veterans' access to gender-affirming care and which the White House has already threatened to veto.
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June 05, 2024
FCC Looking Into Reports Of AT&T Wireless Service Outage
The Federal Communications Commission said it is trying to find out what happened when AT&T wireless customers lost service in several states Tuesday due to what the company described as an interoperability problem.
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June 05, 2024
Colo. To Exempt Modular Homes From Sales Tax
Colorado will exempt new modular home sales from state tax under a bill signed into law by Gov. Jared Polis.
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June 05, 2024
New Rule Bars Self-Certification As Disabled, Vet-Owned Biz
The U.S. Small Business Administration issued a rule Wednesday effectively barring federal contractors from self-certifying as service-disabled veteran-owned small businesses, or SDVOSBs, amid ongoing concerns about fraud in veteran-owned contracting programs.
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June 05, 2024
CFPB Opens Door To Open Banking 'Standard Setters'
The Consumer Financial Protection Bureau made more progress Wednesday in its efforts to lay the groundwork for open banking in the U.S., adopting a mechanism that will allow "open" and "balanced" organizations to begin setting official, industry-wide technical standards for financial data sharing.
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June 05, 2024
4th Circ. Says SC Agency Must Give Google Ad Docs
A South Carolina agency must respond to Google's document request after the Fourth Circuit ruled Wednesday that the state waived its sovereign immunity by joining a case accusing the tech giant of monopolizing key digital advertising technology.
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June 05, 2024
Epic Accuses Apple Of Stalling Antitrust Doc Production
Epic Games accused Apple Inc. at a hearing Wednesday of dragging its feet on producing internal documents that a California federal judge recently ordered the tech giant to hand over to help decide if Apple complied with her ban on App Store anti-steering rules.
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June 05, 2024
Trump Gag Order Still Needed Through Sentencing, DA Says
Manhattan District Attorney Alvin Bragg's office has asked a judge not to lift the gag order on Donald Trump before the convicted former president's sentencing next month, arguing in a letter released Wednesday that there is still a need to "protect the integrity" of the hush money case.
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June 05, 2024
Ga. Trump Election Case On Hold For DA DQ Appeal
The Georgia Court of Appeals on Wednesday temporarily halted proceedings in the Georgia election interference case against former President Donald Trump and his co-defendants while it reviews a trial judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the case.
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June 05, 2024
Feds Say $1B Power Line Permit Challenge Should Be Zapped
The Biden administration and developers of a proposed $1 billion transmission line that would ship hydropower from Quebec to New England are urging a federal judge to dump challenges to federal approvals for the project, saying there's no question they were lawfully issued.
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June 05, 2024
NY Gov. Indefinitely Halts Manhattan Congestion Pricing
New York Gov. Kathy Hochul on Wednesday shelved congestion pricing just weeks before officials were set to implement a fee for vehicles entering Manhattan's busiest corridor, in a dramatic about-face following intense backlash and litigation from residents and business owners grappling with the high cost of living.
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June 05, 2024
After Judge Takes Trip To Israel, Attys Want Him Off Gaza Case
Palestinian rights activists asked a Ninth Circuit judge to recuse himself from a case claiming that the Biden administration flouted international laws barring genocide by supporting Israel's military efforts in Gaza, noting that the judge recently took a trip to Israel sponsored by the World Jewish Congress.
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June 05, 2024
'Miracle Worker': Menendez's Wife Was Given New Car, Jurors Told
U.S. Sen. Robert Menendez's wife received a $67,000 Mercedes-Benz convertible thanks to the efforts of two of the congressman's associates, one of whom she called a "miracle worker," jurors heard Wednesday in the government's bribery case in New York federal court.
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June 05, 2024
From Small Town To 11th Circ., Nominee Pledges 'Open Mind'
A nominee for an Eleventh Circuit seat on Wednesday discussed his small-town upbringing, award-winning career as a prosecutor and the "obligation" he feels to be a role model for others considering a career in the law, saying he would approach cases with an "open mind" if confirmed to the federal appeals court.
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June 05, 2024
NY Cannabis Head Looks Ahead Following Critical Audit
The chair of New York's cannabis regulatory body told stakeholders Wednesday at a marijuana business expo that the agency was working to streamline its operations following an investigative audit ordered by the governor's office that blasted the office for inefficiencies.
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June 05, 2024
3rd Circ. Debates Length Of Breaks In $7M Wage Case
A Third Circuit panel tried on Wednesday to pin down when the U.S. Department of Labor and an in-home care agency believed that employees were off-duty or just traveling between jobs, and whether the company's lack of travel-time records left it open to a $7 million judgment based on government estimates.
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June 05, 2024
FTC Can't Pause Novant's $320M Bid To Buy NC Hospitals
The Federal Trade Commission on Wednesday lost its bid to block Novant Health from buying two local hospitals in North Carolina for $320 million while it conducts an in-house review, with a federal judge reasoning that competition would actually fare better if the merger advanced.
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June 05, 2024
Public Input On EEOC/NLRB Memo A Must, US Rep. Says
A coming joint memorandum from the nation's federal discrimination and labor law watchdogs addressing when workplace speech qualifies as unlawful harassment should be opened to public comment before being published, the Republican chairwoman of the House Education and the Workforce Committee said.
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June 05, 2024
NY Gov. Denies Cop-Shoving Judge New Term
A Buffalo judge censured for brawling with neighbors, shoving a police officer and bragging about his ties to power was denied a second term by New York Gov. Kathy Hochul, who took the unusual step of rejecting the judge's request for reappointment.
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June 05, 2024
5th Circ. Private Funds Ruling Could Rewrite SEC Agenda
The Fifth Circuit on Wednesday vacated U.S. Securities and Exchange Commission regulations that would have required private fund advisers to provide detailed disclosures to investors, in a sweeping decision that could upend the regulator's approach to promised rules on climate, artificial intelligence and crypto assets.
Expert Analysis
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.
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Georgia's Foreign Lobbying Bill Is Not A FARA Copycat
Though a recently passed bill in Georgia aims to mirror the transparency goals of the federal Foreign Agents Registration Act by imposing state-specific disclosure requirements for foreign lobbyists, the legislation’s broad language and lack of exemptions could capture a wider swath of organizations, say attorneys at Holtzman Vogel.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.