Public Policy

  • May 12, 2022

    Conn. Privacy Law Hikes Pressure On Congress To Set Rules

    With Connecticut enacting the nation's fifth consumer privacy law, businesses are increasingly electing to roll out their new obligations to users nationwide rather than state-by-state and are intensifying their call for Congress to set a firm federal standard. 

  • May 12, 2022

    9th Circ. Backs Block Of Ariz. Mining Project Waste Site

    The Ninth Circuit on Thursday affirmed an Arizona federal court's ruling that blocked a major copper mining project in the state, finding mining law does not permit contentious plans to dump nearly 2 billion tons of waste in national forests.

  • May 12, 2022

    3 Takeaways As China Rolls Out Its Version Of ANDA Disputes

    A year after China launched a system for generic-drug patent disputes modeled on the U.S. Hatch-Waxman Act, the first decisions have come down. Here are the key things to know about the outcomes, including the rapid pace and early wins for generics makers against Roche and Purdue.

  • May 12, 2022

    Miss. Justices Say Geico Has No Duty In Worker Crash Suit

    An employee cannot gain coverage under their auto policy's uninsured motorist provisions if their at-fault employer has immunity under the state's workers' compensation law, the Mississippi Supreme Court unanimously ruled Thursday, declining to overturn precedent first established in 1993.

  • May 12, 2022

    CFPB Set To Bulk Up Its Enforcement Ranks With New Hiring

    The Consumer Financial Protection Bureau said Thursday that it is expanding its enforcement office by 20 full-time positions as the agency looks to bring on more firepower for its efforts to target repeat corporate offenders and larger market participants.

  • May 12, 2022

    Judge Disinclined To Toss School Nurse No-Poach Indictment

    A Nevada federal judge said Thursday that he's unlikely to toss a U.S. Department of Justice criminal case accusing a health care staffing company and its former regional manager of scheming to suppress wages for Las Vegas school nurses, absent a change in Ninth Circuit law.

  • May 12, 2022

    Calif. Assembly OKs Cap Hike On Medical Malpractice Awards

    California's Assembly approved a bill Thursday that would raise the state's cap on pain-and-suffering damages in medical malpractice cases for the first time in 47 years.

  • May 12, 2022

    Lawmakers Wary Of Crypto Exchange FTX's Trading Plan

    Lawmakers on Thursday expressed skepticism about cryptocurrency exchange FTX's proposal to directly clear certain trades that are made with borrowed equity, saying the plan could increase the risks in an already volatile market.

  • May 12, 2022

    NYC Bus Cos. Illegally Idling Outside Schools, AG Says

    New York state is suing three public school bus companies that allegedly allowed their vehicles to idle beyond the legal time limit in New York City communities of color that are already disproportionately impacted by air pollution, the attorney general's office said Thursday.

  • May 12, 2022

    Judge Axes DOE Contract Workers' Vaccine Mandate Fight

    A Washington federal court has shut down a lawsuit challenging the vaccine mandates for federal workers and contractors, finding that of the hundreds of workers affiliated with a decommissioned nuclear site who sued, only a handful adequately alleged they were harmed by the order.

  • May 12, 2022

    Delaware City Defends Fetal Disposal Law In Chancery Court

    A Delaware court famous for adjudicating stockholder disputes turned its attention to abortion Thursday as the First State battled with a municipality over the disposal of fetal remains.

  • May 12, 2022

    FCC Turns Down Mic Maker's Bid For Vacant Channels

    The Federal Communications Commission won't reconsider a previous ruling that denied Shure Inc. and Sennheiser Electronic Corp. the right to reserve vacant channels in the ultra-high frequency TV bands for wireless microphones.

  • May 12, 2022

    Guatemalan Gang Slashing Wasn't Persecution, 8th Circ. Says

    A Guatemalan citizen whose face was cut by gang members doesn't qualify as a refugee because the incident that led him to flee to the U.S. was a one-time occurrence that doesn't count as persecution, the Eighth Circuit ruled Thursday.

  • May 12, 2022

    Draft FCC Rule Floated To Subsidize Wi-Fi On School Buses

    The Federal Communications Commission is weighing a plan to allow the use of federal subsidies to pay for Wi-Fi on school buses as one way to remedy the so-called "homework gap" facing students who lack internet access.

  • May 12, 2022

    Okla. Tribes Slam Governor's Veto Of Public Safety Law

    Native American groups in Oklahoma blasted Gov. Kevin Stitt's veto this week of legislation that would revoke the driver's licenses of people convicted in tribal court of certain crimes, such as vehicular manslaughter and DUI, as the two sides spar over the reach of their jurisdictions.

  • May 12, 2022

    Fintech Firm Slams Calif. Agency's 'Convoluted' Lending Case

    Fintech firm Opportunity Financial has asked a California state court to reject claims from the state's financial regulator that accuse the company of gouging borrowers with illegal high-cost loans, saying the agency is relying on a "convoluted" legal theory in a bid to make its case stick.

  • May 12, 2022

    NY, NJ Move Forward On Pot Social Equity Plans

    Cannabis regulators in New York and New Jersey made public statements on Thursday shedding light on how their states, which are developing their adult-use marijuana markets coincidentally in tandem, are implementing their plans to bring social and economic equity to the industry, which has proved to be a challenge in other states.

  • May 12, 2022

    9th Circ. Probes Berkeley's Power To Ban Natural Gas

    Counsel for the California Restaurant Association attempted to convince a Ninth Circuit panel during oral arguments on Thursday that a lower court should have found that a ban by Berkeley, California, on natural gas infrastructure in new buildings is preempted by federal law.

  • May 12, 2022

    5th Circ. Lets Texas' 'Viewpoint' Social Media Law Take Effect

    Two days after hearing oral arguments, the Fifth Circuit allowed to take effect an enjoined Texas social media law that prohibits platforms such as Twitter from banning users based on their "viewpoints," although it hasn't yet decided the case.

  • May 12, 2022

    Waive 'Buy America' For Broadband Projects, Gov't Urged

    The Biden administration is getting pressure from a public interest group to waive "Build America, Buy America" requirements when it comes to broadband equipment bought with funds from the Infrastructure Investment and Jobs Act.

  • May 12, 2022

    5th Circ. Sends FERC Oil Pipeline Rate Policy Fight To DC

    The Fifth Circuit on Wednesday transferred to the D.C. Circuit a challenge to the Federal Energy Regulatory Commission's backtracking on a revised rate-setting policy for oil and liquids pipelines.

  • May 12, 2022

    Synthetic Nicotine Industry Could Be Set To Evaporate

    The vaping industry will face the first regulatory milestone this weekend for its use of synthetic nicotine, as manufacturers must file their initial applications with the FDA to keep the lab-made product on shelves, heightening concerns about how deep the impact of a Biden administration crackdown will be.

  • May 12, 2022

    Supreme Court Ethics Bill Faces Tough Path In Congress

    A push to reform U.S. Supreme Court ethics and recusal standards earned a significant win Wednesday as the House Judiciary Committee advanced legislation that would require the justices to adopt an ethics code, but opposition from Republicans suggests the bill faces a steep climb through Congress.

  • May 12, 2022

    Sens. Make Bipartisan Push To Advance SAFE Banking Act

    A bipartisan group of U.S. senators continued their push to broaden the cannabis industry's access to banking by asking Senate leadership to include drafted legislation of the Secure and Fair Enforcement Banking Act in the America Competes Act, a massive investment bill that is currently being negotiated between the House and Senate.

  • May 12, 2022

    Nonprofit Advice To Debtors Is Protected Speech, Court Told

    A legal tech nonprofit told a New York federal judge on Thursday that its plan to offer guidance to low-income debtors in debt collection proceedings must be allowed to go forward, arguing the advice is protected by First Amendment rights and does not run afoul of state laws limiting who can practice law.

Expert Analysis

  • Opinion

    Rule 702 Proposal Would Bring Clarity To Expert Admissibility

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    Proposed amendments to Federal Rule of Evidence 702 will, if approved, clarify the standards governing admissibility of expert testimony in criminal and civil cases, minimize the potential that a jury is swayed by unreliable testimony, and establish courts as gatekeepers, say attorneys at Pillsbury.

  • Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

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    Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

  • Opinion

    Supply Chain Info Will Strengthen SEC's Climate Rule

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    The U.S. Securities and Exchange Commission's pending climate disclosure rule should require information on supply chain emissions in companies' reports to investors in order to ensure an end to muddy risk reporting, and a clearer financial road map for companies and money managers, says Mona Dajani at Pillsbury.

  • Health Cos. Could See More Conference Enforcement Risk

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    As medical conferences return in person after a two-year hiatus, government agencies show signs of increased enforcement interest, and health companies' staff training may have faded, heightening the importance of renewed risk management, says Mary Kohler at Kohler Health.

  • German Review Of Meta Deal Signals Greater Involvement

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    The German Federal Cartel Office's recent involvement in Meta's Kustomer acquisition signals the likelihood of more independent FCO reviews for target companies that process data of German end users, even in absence of a direct business relationship with these end users, say Daniel Wiedmann and Daniel Hoppen at Poellath.

  • 3 Jurisdictional Questions After High Court Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Badgerow v. Walters narrows federal courts' jurisdiction over post-arbitration disputes, but leaves unresolved jurisdictional issues, including its applicability to other Federal Arbitration Act sections, its effect on federal question analysis, and its influence on arbitration disputes properly venued in federal court, say Michael Gill and Andrew Spadafora at Mayer Brown.

  • Series

    Embracing ESG: Uber Counsel Talks Safety Standards

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    Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

  • Opinion

    Prospectively Appointing Jackson To High Court Is Unlawful

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    President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.

  • Proposed SEC Restrictions Stand To Add SPACs Risk

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    The U.S. Securities and Exchange Commission's proposed rules for special purpose acquisition companies are more far-reaching than was expected, and likely to accelerate the SPAC market's current receding trend by making the process more complicated and more expensive, as well as imposing a greater liability risk, say attorneys at Fried Frank.

  • What FERC Flip-Flop Says About Politics And Energy Projects

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    The Federal Energy Regulatory Commission's about-face on its policies for considering the environmental impacts of natural gas infrastructure shows that the agency is not immune to political pressure — so energy sector investors should stay mindful of broader politics when planning projects, say Martha Kammoun and Rachael Marsh at Bracewell.

  • What Ohio's 'Surprise Billing' Ban Means For Providers

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    Ohio's new law prohibiting certain out-of-network billing practices presents some difficult issues for providers — especially rural providers — to navigate, and likely will lead to inconsistent reimbursement rates and considerable administrative costs, say attorneys at Dinsmore.

  • What FCA Bar Can Learn From District Court Hospice Ruling

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    The Middle District of Tennessee's recent denial of a hospice provider's motion to dismiss False Claims Act allegations in U.S. v. Curo Health Services is concerning for health care entities because it exposes legal corporate practices to FCA liability and provides a road map for plaintiffs pleading medical necessity cases, says Christopher Sabis at Sherrard Roe.

  • Post-Arb. Claims May Face Challenges After High Court Ruling

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    In Badgerow v. Walters, the U.S. Supreme Court recently held that a federal court may not look through to the underlying dispute to decide jurisdictional questions under the Federal Arbitration Act, likely forcing arbitral parties seeking to confirm or vacate an award to file in state courts — which are historically more hostile to arbitration, say Teresa Reuter and Jason Marsico at Sidley.

  • Perspectives

    Time To Fix Legal Industry's Environmental Pro Bono Problem

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    As we observe Earth Month, it's sobering to note that pro bono environmental law work lags behind other practice areas — but the good news is that there are numerous organizations that can help lawyers get connected with environment-related pro bono projects, says Matthew Karmel at Riker Danzig.

  • What Federal Web3 Initiatives Mean For Fintech Professionals

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    Cybersecurity consultant John Reed Stark examines several recent federal initiatives related to the emerging decentralized stage of the internet, or Web3, and highlights immediate action items for financial firms exploring cryptocurrency-related activities.

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