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Public Policy
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May 06, 2024
University Policy Is Enforceable Promise, Colo. Justices Find
The University of Denver must face breach-of-contract claims by a former student who alleges school officials botched a sexual misconduct probe used to support his expulsion, with the Colorado Supreme Court concluding on Monday that the promise in university policy to conduct "thorough, impartial and fair" investigations is enforceable under contract law.
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May 06, 2024
Employer's Good Faith Axes Paystub Fine, Calif. Justices Rule
The California Supreme Court on Monday held that if an employer had a good faith belief it was providing complete and accurate wage statements to its employees, it has not knowingly and intentionally violated state labor law, meaning workers cannot recover civil penalties offered for intentional violations of wage statement requirements.
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May 06, 2024
House Passes Bill To Prevent DOD Comms Breakdowns
The House passed a bill by voice vote on Monday to prevent repeats of the communication lapse that occurred earlier this year when the secretary of defense was hospitalized and his deputy took over without the White House being informed.
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May 06, 2024
GEO Urges Fast End To State Law On Immigration Inspections
GEO Group Inc. has told a Washington state federal judge that a state law allowing surprise inspections at private immigration detention centers so clearly targets its operations that the court should permanently bar the law now, instead of letting its defense continue.
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May 06, 2024
Foreign Grads Settle Suit Against DHS Over Visa Denials
Dozens of foreign college graduates have settled their suit in Washington federal court accusing the U.S. Department of Homeland Security of treating them as accomplices in an alleged visa scam without letting them respond to the allegations, saying DHS has withdrawn its fraud findings relating to the plaintiffs.
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May 06, 2024
FCC Calls High Court Telecom Subsidy Challenge Premature
The Federal Communications Commission has asked the U.S. Supreme Court to forgo review in two constitutional challenges to the agency's Universal Services Fund brought by free-enterprise groups, arguing that the appeals were filed too early and are based on a speculative circuit split that hasn't formed yet.
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May 06, 2024
NJ Justices Erase Gov't Workplace Probe Confidentiality Rule
The New Jersey Supreme Court on Monday struck down part of a state statute that directs investigators to request, but not require, confidentiality in discrimination or harassment investigations involving state workers, ruling the provision still reached too far and chilled protected speech.
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May 06, 2024
Japan Floats Top Seat For Small Islands At UN Tax Convention
The United Nations committee responsible for negotiating a framework convention on tax should have a co-chair for small island states in a subgroup that leads drafting of proposals, Japan's government said Monday.
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May 06, 2024
Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions
Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.
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May 06, 2024
Chamber's Noncompete Challenge On Hold For Earlier Case
A Texas federal court has paused the U.S. Chamber of Commerce's case challenging the Federal Trade Commission's pending ban on noncompetes and encouraged the group to join a case filed a day earlier by tax services and software company Ryan LLC.
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May 06, 2024
SEC Small Biz Panel Urges Relaxed Rules For Crowdfunding
A U.S. Securities and Exchange Commission advisory committee recommended Monday that regulators raise the threshold at which equity crowdfunding issuers must obtain an independent review of financial statements, hoping to encourage the use of crowdfunding for cash-strapped entrepreneurs.
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May 06, 2024
EPA Finalizes Methane Reporting Regs For Oil And Gas Cos.
The U.S. Environmental Protection Agency on Monday finalized revisions of its Greenhouse Gas Reporting Program regulations for the oil and gas sector, the latest step taken by the Biden administration to clamp down on methane emissions from the industry.
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May 06, 2024
Convicted Ga. Sheriff Hit With Civil Rights Suit From Detainee
Former Georgia Sheriff Victor Hill, who was convicted in 2022 of violating his detainees' civil rights by leaving them strapped to a chair for hours at a time, was hit with a federal lawsuit Friday by an alleged victim of Hill's methods who testified against him in his criminal trial.
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May 06, 2024
Coverage Recap: Day 8 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 ahead of the 2016 election. Here's a recap from day eight.
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May 06, 2024
Colo. High Court Sanctions Ex-Judge Who Harassed Staff
The Colorado Supreme Court on Monday formally censured a former state judge who sought out relationships with court staff and tried to get another judge to expedite his father's probate case, finding the judge "repeatedly abused his power for self-gain," and ordered him to pay $51,000 in sanctions.
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May 06, 2024
Ohio AG Says Social Media Age Limit Fight Hurts Democracy
Ohio Attorney General Dave Yost and the internet technology trade association that sued to block him from enforcing the Buckeye State's new law requiring parental consent for children under 16 to create online accounts have filed competing bids for early wins.
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May 06, 2024
Fetterman Would Pay Broadband Subsidy From Telecom Fund
Sen. John Fetterman, D-Pa., introduced a bill last week that would provide sustainable funding for a pandemic-era broadband assistance program that has assisted millions of Americans but is about to be depleted.
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May 06, 2024
Mentor, Opponent Unite In Praising Detroit's Newest Judge
Both a repeated adversary and early mentor agree: Robert J. White has what it takes to succeed as Detroit's newest federal judge.
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May 06, 2024
Data Privacy Co. Wants Personal Info Suits In NJ State Court
Most of the recently moved lawsuits alleging violations of a New Jersey judicial privacy law should be moved back to state court since the plaintiffs and defendants reside in the Garden State, the data privacy company behind the first-of-their-kind cases has told a New Jersey federal judge.
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May 06, 2024
Feds Agree To Terminate Pipeline's Right-Of-Way Permit
A New York federal judge has paused litigation between the Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service for 75 days while the agency terminates a right-of-way permit for a wastewater pipeline, saying it is "in the interest of judicial economy" and recognizing the tribe's concerns.
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May 06, 2024
Nothing 'Unusual' About Claims Appeals, Mich. Tells 6th Circ.
Michigan defended the appellate setup of its claims court in a Sixth Circuit brief Friday, pointing to federal circuit courts' en banc review procedure to argue it is not so extraordinary to ask judges to scrutinize their colleagues' work.
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May 06, 2024
CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active
U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.
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May 06, 2024
Meet The Attys For NC Insurance Mogul Facing Bribery Retrial
Nearly two years after the Fourth Circuit exonerated Greg E. Lindberg on bribery and wire fraud charges, a team of Katten Muchin Rosenman LLP partners with prosecution experience has joined forces with prominent white collar defense lawyer James F. Wyatt lll in hopes of staving off a second conviction for the embattled insurance tycoon.
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May 06, 2024
Experienced Trade Disputes Atty Joins Baker McKenzie In DC
Baker McKenzie announced Monday that it has hired an experienced attorney with more than a decade spent working on international trade matters as a partner in its Washington, D.C., office.
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May 06, 2024
FDIC, OCC Gear Up For Another Shot At Banker Bonus Rules
The Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency on Monday revived an Obama-era proposal to set restrictions on incentive-based pay for executives at big banks, a lingering item of unfinished Dodd-Frank Act business, and for now, the Federal Reserve is sitting out.
Expert Analysis
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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New Wash. Laws Employers Should Pay Attention To
The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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SEC Climate Rules Create Unique Challenges For CRE
The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.
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Energy Community Tax Credit Boost Will Benefit Wind Sector
Recent Internal Revenue Service guidance broadening tax credit eligibility to more parts of offshore wind facilities in so-called energy communities is a win for the industry, which stands to see more projects qualify for a particularly valuable bonus in the investment tax credit context due to the capital-intensive nature of offshore wind projects, say attorneys at Troutman Pepper.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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4 Ways AI Tools Can Improve Traditional Merger Analyses
Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.
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What FinCEN Proposed Customer ID Number Change Means
The Financial Crimes Enforcement Network's recent request for comment on changing a requirement for banks to collect full Social Security numbers at account sign-up represents an important opportunity for banks to express their preferability, as communicating sensitive information online may carry fraud or cybersecurity risks, say attorneys at Crowell & Moring.
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How China's IP Proposal Could Affect US Brands' TM Strategy
Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.
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Traversing The Web Of Nonjudicial Grievance Mechanisms
Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.
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An NYDFS-Regulated Bank's Guide To Proper Internal Audits
As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.
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A Look At Global Employee Disconnect Laws For US Counsel
As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Opinion
Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders
The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.
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Strategies For Navigating Compliance Monitorships
As independent compliance monitorships continue to be a favored tool of the government in resolving corporate enforcement matters, counsel should have a firm grasp on best practices for selecting a monitor, preparing the company and ensuring a productive relationship between the parties, say attorneys at WilmerHale.