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Public Policy
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May 28, 2024
Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse
A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.
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May 28, 2024
Green Group Says EPA Issued Fraudulent PFAS Report
The U.S. Environmental Protection Agency lied to the public about the prevalence of what have come to be called "forever chemicals" in certain pesticide products available on the market, according to an advocacy group that has accused the agency of "egregious misconduct."
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May 28, 2024
Trump Atty Calls Cohen 'MVP Of Liars' As NY Trial Closes
Donald Trump's counsel repeatedly assailed the credibility of star witness Michael Cohen Tuesday in a final pitch to the New York jury that will decide whether to convict the former president of falsifying business records, calling Cohen "an MVP of liars" and "the human embodiment of reasonable doubt."
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May 28, 2024
Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision
A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.
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May 28, 2024
White House Looks To Boost Carbon Credit Market Integrity
The Biden administration on Tuesday released new guidelines for voluntary carbon markets, touting the measures as a foundation for "ambitious and credible climate action" that also attempts to address questions about the integrity of credits that companies use to show a greener footprint.
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May 28, 2024
Hawaii Warns Telecom Co.'s Loan Woes Will Affect Consumers
The Department of Hawaiian Home Lands is warning customers who live in the home lands and use Sandwich Isles Communications for phone and internet service that they need to switch companies immediately or risk losing service, but Sandwich Isles is blaming the state agency for the issue.
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May 28, 2024
27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law
Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.
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May 28, 2024
Colo. Justices To Mull Atty Advice Defense In Securities Cases
The Colorado Supreme Court has agreed to consider whether the advice a defendant's business attorney gave him is relevant to his state of mind in a securities fraud case, according to an order Tuesday granting the state's petition for appeal.
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May 28, 2024
States, Greens Want Judgment Over USPS' New Vehicle Plan
Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."
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May 28, 2024
Treasury To Allow Online Banking, Cloud Services For Cuba
The U.S. Department of the Treasury on Tuesday eased restrictions on Cuba by modifying financial regulations to allow cloud-based services, bank accounts for entrepreneurs and remittance processing, saying the effort is to "increase support for the Cuban people."
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May 28, 2024
Texas Judge Sends Suit Over CFPB Late Fee Rule Back To DC
A Texas federal judge Tuesday ordered another cross-country trip for a banking industry lawsuit that challenges the Consumer Financial Protection Bureau's $8 credit card late fee rule, sending the case back to Washington, D.C., shortly after regaining control over it.
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May 28, 2024
Pelosi Attacker's 30-Yr. Term The Same After Sentencing Flub
A California federal judge sentenced David DePape to 30 years in prison Tuesday for attempting to kidnap then-House Speaker Nancy Pelosi and assaulting her husband during a resentencing hearing that was held after the judge neglected to give DePape a chance to speak during his initial sentencing.
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May 28, 2024
High Court Passes On Collection Firm's CFPB Funding Fight
The U.S. Supreme Court said Tuesday that it won't take up a now-shuttered debt collection law firm's fight against an investigative demand by the Consumer Financial Protection Bureau, turning down a case that covered the same constitutional ground as one that the justices recently decided in the agency's favor.
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May 28, 2024
DC Circ. Won't Pause New TSA Airport Screening Mandate
The D.C. Circuit declined to pause a new requirement Tuesday that airports enhance random screenings of workers with access to secure terminals and facilities, as the court considers a consolidated legal challenge alleging the Transportation Security Administration is improperly shifting its federal obligations to local airport operators.
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May 28, 2024
Kroger, Albertsons Must Give FTC Texts, Written Notes
Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Albertsons to produce text messages and handwritten notes from key employees as part of the agency's merger challenge.
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May 28, 2024
OCC's Hsu Says More Banks May Need Crisis Playbook Rules
The Office of the Comptroller of the Currency's acting chief Michael Hsu called for potentially subjecting more banks to recovery planning standards that currently kick in at the $250 billion asset size threshold, floating it as another possible regulatory response to last year's regional bank failures.
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May 28, 2024
Conn. Judge Asks If 'Sham' Exception Saves Stadium Fight
A Connecticut appellate judge asked Tuesday if a "sham" exception to limits on government contracting lawsuits can restore claims that the city of Hartford ran a fake bidding process for the redevelopment of Dillon Stadium, but counsel for several defendants pushed back and said it would not apply to the facts of the case.
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May 28, 2024
Biz Groups Back BofA In Merger Interest Tax Fight At 4th Circ.
Business groups told the Fourth Circuit on Tuesday that they supported Bank of America in its fight against a North Carolina federal court ruling that found the bank wasn't entitled to net the interest on the tax liabilities of Merrill Lynch after the two companies merged.
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May 28, 2024
Ex-NRA CFO Settles NY AG Suit Before Phase-Two Trial
The National Rifle Association's former chief financial officer has reached a settlement with the New York attorney general's office ahead of the second phase of a trial over claims the group and its executives misused donor money, among other alleged misconduct.
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May 28, 2024
EEX, Nasdaq Power Offer EU Fixes For Deal
European Energy Exchange AG and Nasdaq have offered fixes for potential competition concerns raised by the planned sale of Nasdaq's European power trading and clearing business after enforcers in several European member states referred the deal for a review.
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May 28, 2024
FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.
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May 28, 2024
Workplace Civil Rights Suit Gets Full Mich. High Court Hearing
The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case.
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May 28, 2024
Exxon Investor Broadens Promise To Nix Climate Proxy Bid
An activist investor sued by Exxon Mobil Corp. over a now-withdrawn shareholder proposal concerning climate change has again called on the oil giant to withdraw its suit after broadening its previous promise not to resubmit the proposal in the future.
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May 28, 2024
Immigration Programs' Survival Justifies $3.7M Fee, Attys Say
The attorneys who challenged Trump-era orders ending immigration protections for people from countries in crisis are seeking a $3.7 million fee award, telling a California federal judge that the Biden administration's rescission of the orders showed their lawsuit was successful.
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May 28, 2024
Colo. Justices Say Actual Bias Not Needed To Recuse Judges
Colorado justices on Tuesday said that litigants don't need to prove actual bias to disqualify a judge but still need to get pretty close to that standard, finding a judge who was shot at in her car did not need to step down from a road rage case.
Expert Analysis
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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Opinion
Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Why RWI Insurers Should Consider Excluding PFAS
As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.