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Public Policy
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May 09, 2024
Maryland Enacts Data Privacy, Kids' Digital Safety Laws
Maryland's governor on Thursday signed data privacy legislation that strictly limits the personal information that companies can collect from consumers and a separate bill to boost online safeguards for children that's modeled after a California bill that's currently embroiled in a constitutional challenge.
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May 09, 2024
Ga. Justices Can't Reach Merits In 'Unprecedented' Map Fight
The Georgia Supreme Court on Thursday tossed a court challenge that temporarily blocked a suburban Atlanta county's unprecedented bid to redistrict itself, while seemingly lamenting that the plaintiffs' lack of a case prevented the court from cracking the constitutional nut at the heart of the litigation.
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May 09, 2024
Amazon, Walmart Face Dem Questions Over 'Dynamic Pricing'
Senate Banking Committee Chair Sherrod Brown on Thursday raised concerns to Amazon and Walmart about corporations hiking prices by exploiting customer data and pricing algorithms, saying it undermines consumers' ability to comparison shop and save money.
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May 09, 2024
CARB Chief Slams Truckers' Bid To Void 'Clean Fleets' Rule
A California regulation requiring commercial truck and bus operators to transition to zero-emission vehicle fleets over the next decade doesn't flout federal law and hasn't even been enforced yet, a state official said Wednesday in a court filing seeking to nullify a legal challenge from a trucking group.
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May 09, 2024
FTC Says Handbag Cos. Have Info Needed To Defend $8B Deal
The Federal Trade Commission assailed Tapestry and Capri on Wednesday for demanding more details on the market allegedly threatened by their planned $8.5 billion merger, which would pair the parent company of Coach and Kate Spade with that of Versace and Michael Kors, arguing the firms have the information they need.
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May 09, 2024
Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule
Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.
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May 09, 2024
DHS Unveils Rule To Expedite Certain Asylum Rejections
The U.S. Department of Homeland Security has unveiled a proposed rule that would allow DHS to more quickly determine whether certain asylum-seekers pose a public or national security risk and, if so, deport them, according to an announcement made Thursday.
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May 09, 2024
CFPB's Chopra Trains Sights On Credit Card Rewards
Consumer Financial Protection Bureau Director Rohit Chopra said Thursday that his agency will be taking aim at what it is describing as "concerning patterns" in the credit card industry's rewards program practices, including stealthy changes to program benefits and manipulation of rewards point values.
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May 09, 2024
Fed. Circ. Judge 'Baffled' By Gov't Args In Boeing Costs Case
An exasperated Federal Circuit judge on Thursday tore into the government's contention that a disputed cost accounting regulation has no bearing on Boeing's claim that the defense contractor was wrongly barred from offsetting multiple simultaneous accounting changes against each other.
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May 09, 2024
NYC Wins Remand Of Climate Deception Suit Against Exxon
A New York federal judge on Wednesday returned to state court the Big Apple's lawsuit alleging Exxon, BP, Shell and the American Petroleum Institute violated a city consumer protection law by systematically deceiving the public about the climate change impacts of their operations.
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May 09, 2024
Solar Co. Wins Remand Of Feds' 'Contrary To Law' Duties
The U.S. Court of International Trade has published opposing outcomes for two Chinese solar cell producers penalized in a recent duty review, affirming duties topping 238% for one and directing the government to reconsider a 12.24% rate for the other.
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May 09, 2024
3rd Circ. Tears Up Pa. Town's 'Crazy Quilt Of A Sign Ordinance'
The Third Circuit backed a lower court's decision Thursday holding that a Pennsylvania town's sign ordinance violated the First Amendment by restricting what "personal expression signs" can be posted based on their content — a precedential victory for local Republicans who challenged the rule.
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May 09, 2024
Efforts To Enact Savanna's Act Falling Short, Lawmakers Say
Two U.S. senators behind a law aimed at reforming law enforcement protocols to address the crisis of missing and murdered Native American women are pressing the U.S. Department of Justice to step up its efforts to finalize its implementation.
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May 09, 2024
Sens. Press Colleagues For Public Defender Funding
Sen. Peter Welch, D-Vt., a former public defender, led a letter Thursday to Senate appropriators calling for the federal public defender program to receive its full funding request for the upcoming fiscal year.
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May 09, 2024
Judge Halts DEA's Hearing On Proposed Psychedelics Ban
An administrative law judge with the U.S. Drug Enforcement Administration has ordered the agency to cancel a June 10 hearing on its proposal to ban two psychedelic substances while a researcher's federal lawsuit challenging the agency's actions plays out in court, according to an order made public Thursday.
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May 09, 2024
Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial
A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.
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May 09, 2024
Iowa Immigration Law Tramples On Feds' Authority, Suits Say
The U.S. Department of Justice and a nonprofit filed separate lawsuits on Thursday challenging Iowa legislation that empowers state officials to arrest and remove noncitizens who were previously deported, arguing the statute usurps federal authority over immigration.
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May 09, 2024
DOJ Task Force To Target Healthcare Monopoly, Collusion
The U.S. Department of Justice's Antitrust Division sharpened its focus Thursday on healthcare platforms that combine doctors with insurers, data and more in what the administration's top competition official called the "alarming" accumulation of assets.
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May 09, 2024
Sen. Menendez's 2nd Bribery Trial: All You Need To Know
In the wake of a 2017 mistrial on bribery charges, U.S. Sen. Robert Menendez reaffirmed his dedication to public service and vowed never to stop fighting for the people of New Jersey.
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May 09, 2024
A Senator's Path From NJ Politics To Corruption Charges
U.S. Sen. Robert Menendez, the son of Cuban immigrants who climbed the political ladder from the ranks of a New Jersey school board to ultimately become chairman of the Senate Foreign Relations Committee, is defending his reputation and career against federal corruption charges for the second time in less than a decade.
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May 09, 2024
Red States, Electric Co-Ops Challenge EPA Power Plant Rules
Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.
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May 09, 2024
Plumbing Co. Owner Cops To Tax Scheme Tied To Gold Bars
The co-owner of a Boston plumbing supply company pled guilty Thursday to underreporting his business and personal income, after prosecutors said he plowed some of the unreported receipts into $10 million worth of gold and silver bars.
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May 09, 2024
Senate Panel OKs Ban On Mandatory Age Bias Arbitration
The Senate Judiciary Committee advanced a bill out of committee Thursday that would ban the mandatory arbitration of workplace age discrimination claims in a vote that garnered the support of both Democrats and Republicans.
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May 09, 2024
EPA Beats Youths' Constitutional Climate Suit, For Now
A California federal judge has dismissed a lawsuit from a group of children accusing the federal government of allowing unsafe levels of climate pollution in the air, noting it's unclear how a declaratory order from the court would redress their harms, but gave them one final chance to amend their allegations.
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May 09, 2024
Coverage Recap: Day 10 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day 10.
Expert Analysis
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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.
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Opinion
SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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What's In OCC's Proposed Freedom Of Information Act Update
In this article, Christine Docherty at Goodwin discusses the Office of the Comptroller of the Currency's proposed amendments to its regulations implementing the Freedom of Information Act, and how these changes might align with guidance from other regulators.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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IRS Sings New Tune: Whistleblower Form Update Is Welcome
In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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Consumer Privacy Takeaways From FTC Extraterritorial Action
With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.