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Public Policy
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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.
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May 09, 2024
Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides
A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.
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May 09, 2024
Okla. Law Curbing Anti-Oil Pension Fund Investments Blocked
Oklahoma can't enforce a law prohibiting the state pension system from investing in companies that limit oil and gas industry assets, a state judge ruled, finding the retiree leading the suit is likely to succeed on arguments that the statute is vague and violates the state constitution.
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May 09, 2024
Biden Seeks To Elevate Interior Dept. Official To No. 2 Post
The White House announced Thursday that President Joe Biden intends to nominate Fish and Wildlife Assistant Secretary Shannon A. Estenoz as deputy secretary of the U.S. Department of the Interior.
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May 09, 2024
EPA Defends Factory Farm Water Pollution Regs At 9th Circ.
The U.S. Environmental Protection Agency on Wednesday urged the Ninth Circuit to toss green groups' lawsuit seeking to revive their petition for new, stronger Clean Water Act regulations for large animal feeding facilities.
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May 09, 2024
3rd Circ. Judge Jordan To Retire In January 2025
Judge Kent A. Jordan will retire from the U.S. Court of Appeals for the Third Circuit next year after serving on that bench for nearly two decades, Law360 has learned.
Expert Analysis
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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.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.