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Public Policy
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September 16, 2024
Senate Confirms Tenn, Prosecutor To 6th Circ.
The U.S. Senate Monday confirmed federal prosecutor Kevin Ritz to join the Sixth Circuit bench along a 48-46 party line vote following vocal objections from the senior senator from Tennessee over the past few months.
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September 16, 2024
Pot Co. Execs Go To 9th Circ. In Investment Scam Case
A California cannabis company and its co-founders on Monday appealed a federal court decision booting them from the securities industry and holding them liable for roughly $6 million tied to a medical marijuana investment scam, the same day that the U.S. Securities and Exchange Commission asked the court to order a third individual to pay up for his part in the alleged scam.
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September 16, 2024
9th Circ. Won't Review Tribal Jurisdiction In Virus Suit
An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."
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September 16, 2024
5th Circ. Judge Chides High Court Calls in Abortion Pill Case
U.S. Circuit Judge James C. Ho on Monday threw shade at the U.S. Supreme Court and the Biden administration over what he described as side-switching on federal conscience laws for doctors.
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September 16, 2024
Judges Examine Who Has Free Speech Rights In TikTok Case
A D.C. Circuit panel on Monday pressed lawyers for the federal government as well as TikTok and its users to parse whether full First Amendment protections apply to the social media platform's foreign owners as well as to its users despite congressional worries that the platform is vulnerable to interference by a potential overseas adversary.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
La. Grants Automatic Tax Relief To Hurricane Francine Victims
Louisiana taxpayers affected by Hurricane Francine may receive an automatic extension for filing state tax returns, the state's Department of Revenue announced Friday.
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September 16, 2024
Biden Methane Rule Is Gov't Overstep, ND Judge Rules
The Biden administration can't enforce a rule aimed at curbing methane gas emissions from federally held oil and gas leases in a coalition of Republican-led states led by North Dakota after a federal judge found the states had sufficiently shown the government may have overstepped its authority.
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September 16, 2024
DOL Faces 2 More Suits Over H-2A Farmworker Labor Rule
The U.S. Department of Labor was hit Friday with two lawsuits attacking its new regulation protecting union-related activities for agricultural workers on seasonal H-2A visas — less than a month after a Georgia federal judge paused the regulation.
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September 16, 2024
Treasury Cuts 'Zero Basis' Rule In Final Estate Tax Regs
The U.S. Treasury Department on Monday said it would not keep a rule that set a zero value for the unreported property of an estate in final regulations on the requirement that an heir's basis in inherited property be consistent with the property's value for estate tax purposes.
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September 16, 2024
Banking Pro Returns To Sullivan & Cromwell
A former deputy general counsel at the Federal Reserve Board has rejoined Sullivan & Cromwell LLP's financial services group as a partner in New York, the firm said Monday.
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September 16, 2024
DOJ Special Counsel Hur Among Duo Joining King & Spalding
King & Spalding LLP announced Monday that Robert Hur, the former special counsel who declined to prosecute President Joe Biden earlier this year over his handling of classified documents, was rejoining the firm alongside fellow U.S. Department of Justice attorney Leah Grossi.
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September 16, 2024
Feds Misapplied L-Visa Criteria In Denial, Colombian Biz Says
A Colombian business has sued U.S. Citizenship and Immigration Services after being denied an application to transfer an executive to oversee its American subsidiary, telling a D.C. federal court that the agency misapplied the criteria for approving L-1A visas.
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September 16, 2024
2 Former High-Ranking FDNY Officers Charged With Bribery
Two former high-ranking New York City Fire Department chiefs were charged in a federal indictment unsealed Monday with taking bribes to fast-track fire safety plan reviews and inspections for certain businesses.
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September 16, 2024
French EU Commissioner Quits In Dispute With Von Der Leyen
France's candidate to serve as European Union commissioner for the next five-year mandate resigned abruptly Monday, accusing commission President Ursula von der Leyen of "questionable governance" and of asking France to replace him.
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September 16, 2024
Nothing Novel About Trump Ex-Atty's Case, Justices Told
Former President Donald Trump urged the U.S. Supreme Court to reject his former attorney Michael Cohen's bid for another look at his suit claiming he was imprisoned as payback for his memoir about his time as Trump's so-called fixer, arguing there's nothing novel about the matter.
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September 16, 2024
Nebraska Medical Cannabis Initiatives Will Be On Nov. Ballot
Initiatives to legalize medical marijuana in Nebraska will appear on the ballot come November, despite some evidence of fraud in the signature-collecting petition process, according to state election officials.
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September 16, 2024
IRS Floats Definition Of 'Covered Month' For Premium Credit
The IRS on Monday proposed expanding the definition of a "covered month" for purposes of the health insurance premium tax credit to include the first month of the grace period for which an individual does not pay the premium in full but still receives coverage.
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September 16, 2024
IRS Cancels Hearing On 'Basket Contract' Transactions Rule
The Internal Revenue Service canceled a hearing on proposed rules that would flag what are known as basket option contracts as potentially abusive listed transactions, according to a notice released Monday.
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September 15, 2024
Top Atty For NYC Mayor Resigns As Fed. Investigations Mount
As investigations and high-profile departures continue around New York City's embattled Mayor Eric Adams, his chief counsel resigned Saturday.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 15, 2024
Cannabis Co. Nabs $150M '1st-Of-Its-Kind' Credit Facility
Green Thumb Industries Inc. secured a $150 million credit facility led by Valley National Bank as it looks to refinance debt in what the company billed as "a first-of-its-kind credit facility for the U.S. cannabis industry."
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September 13, 2024
NJ Jury Puts $26M Price Tag On Land In Development Battle
A New Jersey federal jury found that the owner of a 22-acre former Michelin Tire & Rubber Co. factory at the heart of a land-taking battle should get $25.6 million from a borough redevelopment agency that argued the parcel would fetch less than a third of that figure on the market.
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September 14, 2024
Divided Pa. High Court Revives Ballot Date Requirement
Three Pennsylvania Supreme Court justices clashed on Friday with colleagues who used jurisdiction grounds to erase a victory for challengers of an election ballot-dating rule, the minority calling for the court to wield its rarely invoked King's Bench authority to review the matter on the merits.
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September 13, 2024
NC City Illegally Foiled Affordable Housing Effort, Builder Says
A coastal North Carolina city conspired to block an affordable housing project near the Camp Lejeune military base, flying in the face of demand, a project developer claimed in North Carolina federal court.
Expert Analysis
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.
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Crypto Regs Could See A Reset Under The Next President
Donald Trump has taken a permissive policy stance favoring crypto, while Kamala Harris has been silent on the issue, but no matter who wins the presidential election, we may see a more lenient regulatory climate toward the digital currency than from the Biden administration, says Liam Murphy at McKool Smith.
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How DOJ May Change FARA Exemption In Forthcoming Rule
Any day now, the U.S. Department of Justice is expected to issue proposed revisions to the Foreign Agents Registration Act regulations, and signs suggest that it will likely narrow one of FARA's broadest exemptions, which may compound public confusion about the law's requirements, says Murad Hussain at Arnold & Porter.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Key Concerns To Confront In FDIC Brokered Deposit Proposal
Banks and fintech companies should note several fundamental issues with the Federal Deposit Insurance Corp.'s recent proposal to widen how it classifies brokered deposits, an attempt to limit prudential risk that could expose the industry and underbanked consumers who rely on bank-fintech apps to widespread unintended consequences, say attorneys at Gibson Dunn.
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3 Presidential Privilege Questions After Trump Ruling
The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.
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What To Expect From Evolving Wash. Development Plans
The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Implementing Proposed AML Rules May Take More Guidance
Two recent rules proposed by financial regulators would modernize requirements for programs aimed at countering money laundering and terrorist financing by centering more robust risk assessments, but financial institutions may need more specific guidance before they could confidently comply, say Meghann Donahue and Nikhil Gore at Covington.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Brownfield Questions Surround IRS Tax Credit Bonus
Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.