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Public Policy
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June 04, 2024
Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations
The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.
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June 04, 2024
Justices Raise Doubt Hospital System Must Face Wage Claims
The California Supreme Court appeared open Tuesday to undoing a finding that a hospital system is not a public entity and must face workers' meal- and rest-break claims, with one justice noting that state law repeatedly calls the system a public entity and saying, "So what do we make of that?"
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June 04, 2024
'Ghost Gun' Makers Ask 2nd Circ. To Weigh In On NY AG Case
A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered "firearms" and if they are entitled to immunity under federal firearms law.
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June 04, 2024
Chief Justice's Leadership Is Falling Short, Schumer Says
Senate Majority Leader Chuck Schumer on Tuesday criticized U.S. Supreme Court Chief Justice John Roberts for what he sees as lackluster efforts to address ethical impropriety among high court members.
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June 04, 2024
Ga. County Wants 11th Circ. To Rethink Trans Care Ban Ruling
A Georgia county that lost a legal challenge to a provision of its health plan that bars coverage for gender-affirming surgery has asked the full Eleventh Circuit to revisit the decision, arguing that an opinion last month wrongly found the policy discriminates against transgender people, rather than being isolated to a single procedure.
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June 04, 2024
2nd Circ. Says ERISA Blocks Cigna Bill Backpedaling Suit
The Second Circuit affirmed the dismissal of a podiatric medicine provider's suit alleging Cigna illegally backtracked on covering a patient's $200,000 bill, ruling that a lower court was right to find that federal benefits law blocks the healthcare provider's breach of contract claims.
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June 04, 2024
Telecom Org. Says Expanding Universal Fund Only Way To Go
The head of a major telecommunications industry group is urging Congress to tap big tech in order to keep the Universal Service Fund afloat, saying in a new article that "the solution to affordable connectivity is staring us in the face."
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June 04, 2024
DOJ Remains 'Clear Eyed' About No-Poach Prosecutions
A senior U.S. Department of Justice Antitrust Division prosecutor continued Tuesday to emphasize the importance of criminal cases accusing employers of fixing wages or curtailing recruitment and hiring of workers from rivals, asserting that despite courtroom defeats, enforcers are trying to learn from past failures.
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June 04, 2024
Meta, Texas Strike Deal To End State's Biometric Privacy Suit
Meta Platforms Inc. and Texas' attorney general have agreed to settle the state's suit accusing the social media giant of using its facial recognition technology to illegally collect Facebook users' biometric information without their consent, the parties told a state court.
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June 04, 2024
Airlines Seek Shield From Chicago's New Paid Sick Leave Law
The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.
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June 04, 2024
Sen. Leaders Press Biden's Tax Court Nominees On Fairness
Senate Finance Committee leaders pressed President Joe Biden's three new judicial nominees for the U.S. Tax Court to explain Tuesday how they would extend fair treatment to taxpayers if they are confirmed.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
White House Threatens Veto Over Policy Riders In VA Bill
The White House has threatened to veto a $147.5 billion bill funding military construction and the U.S. Department of Veterans Affairs, citing partisan policy proposals it said would harm minority groups and risk patient safety at VA medical facilities.
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June 04, 2024
6th Circ. Says 1,000-Yard Gun Range Not Constitutional Right
A split Sixth Circuit panel said a Michigan town had the authority to ban long-distance gun ranges despite the Second Amendment's protections, ruling it was "difficult to imagine" that training to shoot from 1,000 yards away was needed to defend oneself.
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June 04, 2024
Nurse Staffing Exec Wants Antitrust, Fraud Charges Separated
An indicted home health care staffing executive asked a Nevada federal court to separate the antitrust charge against him for allegedly fixing nurses wages from claims that he concealed the conspiracy and government probe when selling the business for more than $10 million.
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June 04, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 200 times in May on issues ranging from cybersecurity in schools and libraries to tribal broadband funding and deployment, net neutrality rules and captioning for the hearing- and speech-disabled.
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June 04, 2024
Red States Target EPA's Tribal Water Rights Rule
A group of red states has told a federal court that the U.S. Environmental Protection Agency has turned the Clean Water Act into what they derisively called the "Tribal Rights Act," through a rule that protects Native American rights to water resources.
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June 04, 2024
Biden Admin Looks To Take Down Ariz. Monument Lawsuits
The Biden administration is asking a federal district court to dismiss lawsuits by the Arizona Legislature and a rancher that look to undo the national monument designation of an Indigenous site in the Grand Canyon region, arguing the lawmakers lack standing to challenge the Antiquities Act as unconstitutional.
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June 04, 2024
9th Circ. Rejects Immigrant's Evidence Authenticity Challenge
A split Ninth Circuit refused to revive a Guyanese man's bid for deportation relief, saying he didn't actually challenge the authenticity of evidence used to support his removability, including an FBI rap sheet he said included an incorrect birthplace.
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June 04, 2024
First Citizens Bank Seeks $15M Tax Refund After Bailout
First Citizens bank is seeking a $15 million refund from the North Carolina Department of Revenue stemming from taxes it paid on a federal bailout it received during the mid-2000s financial crisis, according to a filing in the state court.
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June 04, 2024
Senate Confirms DC Judge As Court Calls For Attention
The Senate voted 57-41 Tuesday to confirm Judge Tanya Monique Jones Bosier to serve on the D.C. Superior Court for a term of 15 years, which chips away at the "vacancy crisis" plaguing the district's court system.
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June 04, 2024
Khan, Kanter Say There's Bipartisan Will To Stop 'Coercion'
The federal government's top antitrust enforcers said Tuesday their aggressive scrutiny of mergers and acquisitions is changing the way businesses approach consolidation at the start of the process, and that's good for consumers and workers alike.
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June 04, 2024
Senate Energy Panel Advances Trio Of FERC Nominees
A U.S. Senate energy panel on Tuesday advanced a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, with the panel's chairman hinting that new energy infrastructure permitting legislation is also on the horizon.
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June 04, 2024
Bracewell Adds Energy Pro From Dentons In DC
Even before becoming an attorney and government affairs professional specializing in the energy and environmental sectors, Andrew Shaw was interested in environmental issues.
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June 04, 2024
Paxton Asks Texas Justices To End Bar's Political 'Lawfare'
The Texas bar's ethics lawsuit against Attorney General Ken Paxton over his challenge to the 2020 presidential election violates the state constitution's separation of powers and is barred by sovereign immunity, Paxton told the state Supreme Court on Tuesday, calling the case "politically motivated lawfare" in an announcement.
Expert Analysis
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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New Crypto Reporting Will Require Rigorous Recordkeeping
The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.