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Public Policy
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May 10, 2024
Mich. Lawmakers Introduce Judicial Privacy Bill
A group of Michigan state senators has introduced a bill that would allow judges to seal personal information about themselves and their immediate family members in government agency files, including blocking the government from disclosing the information in response to public records requests, with some narrow exceptions.
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May 10, 2024
NY Gov. Orders Shakeup Of Cannabis Regulatory Agency
New York Gov. Kathy Hochul on Friday announced an overhaul of the state's embattled cannabis regulatory agency, unveiling an investigative audit that showed how "inexperienced" leaders "wasted valuable time and resources," and then declaring $5 million in one-time grants would be awarded to a select group of applicants who took a financial hit by the licensing delays.
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May 10, 2024
Signal Peak Asks Court To Block DOI's Coal Mine 'Delay'
Signal Peak Energy is asking a D.C. federal court to force the U.S. Department of the Interior to speed up its "unlawfully lengthy" timeline for an environmental review needed for the planned expansion of a Montana coal mine.
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May 10, 2024
CFPB's Credit Card Late Fee Rule Halted By Texas Judge
A Texas federal judge on Friday stayed the Consumer Financial Protection Bureau's $8 credit card late fee standard, granting a preliminary injunction sought by the U.S. Chamber of Commerce and other industry groups that are challenging the legality of the agency rule.
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May 10, 2024
UPMC Inks $38M Deal To End Neurosurgery FCA Suit
The University of Pittsburgh Medical Center has agreed to pay $38 million to put an end to a False Claims Act suit brought by three medical workers from its neurological surgery department who said the medical center fraudulently billed federal healthcare programs.
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May 10, 2024
Newsom Says No Tax Increases Planned In Calif. Budget
California would not increase taxes or impose new taxes under a revised budget plan presented Friday by Democratic Gov. Gavin Newsom.
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May 10, 2024
Cohen Urged To Stop Trashing Trump As Testimony Nears
The Manhattan judge overseeing Donald Trump's criminal hush money trial made clear Friday that he wants star witness Michael Cohen to stop talking publicly about the charges as the former president's erstwhile attorney prepares to take the stand as soon as Monday.
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May 10, 2024
Conn. Quarry Wants $1.3M For Attys After $9.5M Trial Win
A Connecticut quarry that the town of East Haven was found to have shut down for political reasons should receive just under $1.3 million for its attorney fees after winning a constitutional challenge in federal court, the company said in a Friday filing.
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May 10, 2024
NJ State Police Settle Suit Over Expungements Backlog
The New Jersey State Police agreed to speed up the processing of expungements to resolve the Office of the Public Defender's proposed class claims over a backlog of judicial orders that numbered 46,000 as of October, Attorney General Matt Platkin and Public Defender Jennifer N. Sellitti said in a joint statement Friday.
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May 10, 2024
Calif. May Allow Judges To Work Remotely In Civil Matters
California's Judicial Council next week will consider amending court rules to allow judges to preside remotely over civil proceedings from a location other than a courtroom.
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May 10, 2024
What To Know About Biden's ACA Nondiscrimination Rule
Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.
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May 10, 2024
5th Circ. Upholds SEC Proxy Rule On ESG Disclosures
The Fifth Circuit on Friday threw out a legal challenge to a U.S. Securities and Exchange Commission requirement that will make it easier for investors to identify ESG issues on corporate ballots, saying that suing states like Texas haven't proven that they'll be financially harmed by the measure.
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May 10, 2024
No 'Piecemeal' Fees For Infant Data Win Amid 6th Circ. Appeal
A federal judge said Friday that he wouldn't award attorney fees to children who challenged Michigan's handling of blood samples collected in an infant health screening program until the state's Sixth Circuit appeal is resolved.
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May 10, 2024
Gov't Watchdog Sees Title IX Enforcement Lagging
More than five decades after the passage of Title IX, the U.S. Department of Education is falling down on the job of ensuring gender equity in college athletics, a government watchdog agency found this week, demanding more vigilance and transparency from the department.
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May 10, 2024
Fuzzy Jurisdiction In Web Cases Has 1st Circ. Judge 'Worried'
A First Circuit judge has said uncertainty over how personal jurisdiction rules apply to cases involving the borderless internet may require action from Congress or the U.S. Supreme Court, expressing concern that website operators can "manipulate" the legal requirement in order to avoid accountability.
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May 10, 2024
Feds Finalize Tariffs Topping 744% On 8 Countries' Mattresses
The U.S. Department of Commerce firmed up anti-dumping duties reaching more than 744% on mattresses that are being dumped in the U.S., marking its third wave of sky-high tariffs on mattresses from abroad.
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May 10, 2024
CFTC Floats Ban On Election Betting Contracts
A divided U.S. Commodity Futures Trading Commission approved a proposed rule Friday that would ban trading on the outcome of elections, further solidifying its contested position that such activities constitute illegal "gaming" and threaten to thrust the agency into the role of an "election cop."
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May 10, 2024
Coverage Recap: Day 11 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 Friday, day 11 of the trial.
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May 10, 2024
Now Hiring: Michigan AG Seeks Attys For Climate Change Suits
Michigan Attorney General Dana Nessel is looking for attorneys and law firms to serve as assistant attorneys general to pursue litigation related to climate change on behalf of the state of Michigan.
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May 10, 2024
The Week In Trump: All Eyes On NY As Other Cases Lag
Donald Trump's Manhattan hush money trial took center stage with dramatic testimony from adult film actress Stormy Daniels, while the former president's criminal cases in Georgia and Florida ran into delays that could last through Election Day.
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May 10, 2024
New Evidence, Old Politics To Collide In 2nd Menendez Trial
U.S. Sen. Robert Menendez and the government will face off Monday for the second time before a jury tasked with weighing bribery charges, a courtroom showdown that promises higher stakes — think flashier evidence and a more dramatic defense — than the corruption case the New Jersey Democrat escaped seven years ago.
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May 10, 2024
DC Circ. Upholds Steve Bannon's Contempt Conviction
The D.C. Circuit on Friday upheld former Trump aide Steve Bannon's conviction for contempt of Congress, rejecting Bannon's argument that he did not "willfully" flout a subpoena from the Jan. 6 House select committee because his lawyer advised him not to respond to it.
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May 09, 2024
3rd Circ. Rejects Hunter Biden Gun Appeal, Trial Set For June
The Third Circuit on Thursday refused to consider Hunter Biden's appeal of three Delaware federal court orders declining to dismiss felony firearm charges against him, an order issued the same day the lower court again refused to toss the indictment and scheduled the trial for June.
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May 09, 2024
Senate Approves FAA Reauthorization Bill
The U.S. Senate on Thursday passed legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs in a package that includes hiring thousands more air traffic controllers and inspectors, among other things.
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May 09, 2024
Daniels Defiant As Trump Atty Attacks Hush Money Account
Adult film star Stormy Daniels was defiant on Thursday in the face of a grueling cross-examination by counsel for Donald Trump in the Manhattan hush money trial, who sought to discredit her account of a 2006 sexual encounter with him at a celebrity golf tournament.
Expert Analysis
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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.
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What To Expect From The DOL's Final Overtime Rule
The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Employer Considerations Before Title IX Rule Goes Into Effect
While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.
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Expect Tougher Bank Exams 1 Year After Spring 2023 Failures
With federal banking agencies still implementing harsher examinations with swifter escalations a year after the spring 2023 bank failures, banks can gain insight into changing expectations by monitoring how the Federal Reserve Board, Office of the Comptroller of Currency and Federal Deposit Insurance Corp. are coordinating and updating their exam policies, say attorneys at Debevoise.