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Public Policy
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May 30, 2024
The 'Not-Postings' Of A Delaware Chancery Court Judge
Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.
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May 30, 2024
Ga. Aims To Sink Challenge To Prosecutor Discipline Panel
The state of Georgia says a bipartisan group of district attorneys has no standing to pursue its lawsuits against the state and its Prosecuting Attorneys Qualifications Commission members, arguing that the injuries that the attorneys claim are just hypothetical.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Menendez's Wife Hires Coburn Greenbaum For Bribery Case
Nadine Menendez, wife of U.S. Sen. Robert Menendez, has hired Coburn Greenbaum & Eisenstein PLLC partner Barry Coburn to defend her in the government's case accusing her and her husband of accepting bribes from three businessmen.
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May 30, 2024
Pa. Court Blocks State's Recall Over Cannabis Vape Additives
The Pennsylvania Commonwealth Court has permanently blocked the state Department of Health from enforcing a 2022 recall of medical cannabis products containing certain additives, on the grounds that the department's reversal on the additives' approval was a "de facto regulation" that was enacted without the proper procedures.
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May 30, 2024
Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.
Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.
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May 30, 2024
Chief Justice Roberts Declines Senate Democrats Meeting
Chief Justice John Roberts declined the invitation from two top Democrats on the Senate Judiciary Committee to discuss the high court's ethics in light of the controversy surrounding the flags flown outside Justice Samuel Alito's homes.
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May 30, 2024
Sen. Warren Pushes CMS On 'Medical Loss Ratio' Data
Sen. Elizabeth Warren, D-Mass., is urging the Centers for Medicare & Medicaid Services to collect more data to determine whether private healthcare insurers in Medicare Advantage that employ vertical integration are evading a statutory requirement that they spend the bulk of their earnings on medical claims.
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May 30, 2024
Mass. Foreclosure Law May Be Unconstitutional, Judge Says
A Massachusetts law blocking towns and cities from returning excess funds from foreclosure sales may be an unconstitutional taking, a federal judge has said.
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May 30, 2024
DOL Says Challenged Provision In DBA Rule Is Lawful
The U.S. Department of Labor pressed a Texas federal court not to halt its final rule regulating prevailing wages under the Davis-Bacon Act, saying that one of the provisions several construction groups are challenging is completely lawful.
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May 30, 2024
Black Business Owners Sue Over Impact Of Transparency Act
The Corporate Transparency Act creates unique burdens on businesses owned by people of color, immigrants and other marginalized groups, the Black Economic Council of Massachusetts and several company owners said in the latest legal challenge to the anti-money laundering law.
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May 30, 2024
Jersey Shore Motel Loses Condemnation Fight With Town
A New Jersey borough properly used eminent domain to take over a local 50-room motel where it plans to provide parking and electric vehicle charging, a New Jersey appellate panel ruled.
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May 30, 2024
What The Trump Verdict Was Like From Inside The Courtroom
Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
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May 29, 2024
Navajo President Denies VP's Claims Of Sexual Misconduct
Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.
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May 29, 2024
Pot Co. Must Face Calif. City's Counterclaims In License Battle
A California cannabis company and entrepreneur can't escape counterclaims that they failed to pay fees associated with a commercial license to sell in the city of Baldwin Park — the same municipality whose officials they claim helped swindle him out of nearly $1 million — a federal judge ruled Tuesday.
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May 29, 2024
2nd Circ. Unsure If Error Kept Murder Exonerees' Case Alive
A Second Circuit judge expressed doubt Wednesday that a lower court erred in declining to grant qualified immunity to two Connecticut police officers whose actions allegedly contributed to the wrongful convictions of two men for a 1985 murder, noting that a key piece of evidence challenging prosecutors' theory remains shrouded in mystery.
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May 29, 2024
11th Circ. Backs SEC Win In Trader's Challenge To 'Dealer' Tag
An Eleventh Circuit panel on Wednesday affirmed the U.S. Securities and Exchange Commission's win in a suit accusing a microcap stock trader of earning $21.5 million while operating as an unregistered dealer, further solidifying the regulator's argument that so-called toxic lenders are considered unregistered dealers.
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May 29, 2024
NY Jury Eyes Trump Tower 'Conspiracy' As Deliberations Start
Jurors in Donald Trump's criminal hush money trial ended their first day of deliberations Wednesday without a verdict, as the panel appeared to home in on testimony about a key 2015 meeting where the alleged scheme was hatched.
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May 29, 2024
ND Lawmakers Oppose High Court Review In Subpoena Row
Two North Dakota tribes' effort to toss an Eighth Circuit ruling voiding subpoenas on state lawmakers as part of Voting Rights Act litigation isn't worthy of U.S. Supreme Court review, the North Dakota State Legislative Assembly said Wednesday in urging the high court not to take up the case.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
MGM Gambler's Missing $3M Heads To Mich. Supreme Court
The Michigan Supreme Court said Wednesday it will consider whether a state law governing online gambling preempts a woman's lawsuit claiming MGM's online betting arm refused to pay her $3.2 million in winnings from online roulette, after the casino said the payout was a mistake.
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May 29, 2024
Feds, Dreamers Tell 5th Circ. That Fight For DACA Isn't Over
The Biden administration and recipients of the Deferred Action for Childhood Arrivals program urged the Fifth Circuit to reverse an order that held the program unlawful, saying the program has a chance of surviving in light of recent U.S. Supreme Court rulings.
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May 29, 2024
FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris
The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.
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May 29, 2024
News Orgs. Say State 'Eclipsing' Honesty In Uvalde Doc Row
A coalition of news outlets led by the Texas Tribune told an appeals court Tuesday that the state's request to seal its appellate brief in a long-running dispute over records related to the 2022 mass shooting at Robb Elementary School in Uvalde is an attempt by law enforcement to "eclipse" transparency into the tragedy.
Expert Analysis
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Potential Unintended Consequences Of NY Sovereign Debt Bill
New York lawmakers recently proposed a law to create a framework for restructuring sovereign debt, but there are concerns that the bill will increase financing costs and that it attempts to solve problems that have largely been dealt with by collective action clauses, say Jeffrey Rothleder and Tara Peramatukorn at Squire Patton.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Expect An Increase In Robinson-Patman Act Enforcement
Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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EPA Chemical Safety Rule Raises Questions About Authority
Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.