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Public Policy
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October 10, 2024
5th Circ. Judge Hints Justices' 'Sea Change' May Help DACA
A Fifth Circuit judge grilled Texas on Thursday over whether it still has standing to challenge the Deferred Action for Childhood Arrivals policy, suggesting recent U.S. Supreme Court precedent might spell trouble for the Lone Star State's bid to kill the program.
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October 10, 2024
GOP Rep. Pushes FCC To Act On 12 GHz Broadband Access
An Oklahoma lawmaker has joined a chorus that has been calling for the Federal Communications Commission to open the lower 12 gigahertz spectrum band to two-way broadband fixed wireless access.
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October 10, 2024
Eli Lilly Tells Mich. Justices It's 'Wrong Time' For Insulin Case
A lawyer for pharmaceutical company Eli Lilly has urged the Michigan Supreme Court to reject a call to shake up the state's consumer protection precedent, saying during oral arguments Thursday that the attorney general is asking the court to do "by fiat" what Michigan lawmakers could soon accomplish with a bill package that got a hearing earlier this week.
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October 10, 2024
Federal Policy Can't Kill Psilocybin Access Suit, Court Told
A group of psilocybin facilitators suing Oregon health officials to expand access to homebound clients told a federal judge on Wednesday that the state should not be able to use the federal ban on the psychoactive compound to kill their suit.
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October 10, 2024
Ga. Legislators Urge EPA To Better Regulate BioLab Chems
Six high-ranking Georgia legislators called on U.S. Environmental Protection Agency Administrator Michael Regan to enhance federal oversight of facilities like the BioLab Inc. factory that caught fire and spewed chemical fumes across the metro Atlanta area in late September.
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October 10, 2024
Ohio Seeks To Halt Depositions In FirstEnergy Investor Suit
The state of Ohio wants to halt certain depositions and other discovery in a securities suit stemming from the FirstEnergy bribery scandal, saying it could interfere with criminal charges against two of the utility company's former executives, according to an intervenor motion filed Thursday.
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October 10, 2024
Fla. Panel Frees Officials From Suit Alleging Election Meddling
The Florida Supreme Court ruled Thursday that Gov. Ron DeSantis and top state officials didn't unlawfully try to influence voters when they advocated against an upcoming ballot measure that would legalize abortion up to viability, denying a petition brought by an attorney seeking to hold them accountable for improper political interference.
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October 10, 2024
8th Circ. Won't Block EPA Power Plant Effluent Rule
The Eighth Circuit rejected on Thursday efforts by nearly two dozen states, utility companies and trade groups to block the implementation of a U.S. Environmental Protection Agency rule setting new wastewater limitations for coal-fired power plants.
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October 10, 2024
NJ Judge Deems Portions Of Hemp Law Unconstitutional
A New Jersey federal judge found Thursday that portions of a soon-to-be-enacted Garden State law placing restrictions on hemp products violate the dormant commerce clause of the U.S. Constitution and are preempted by the 2018 Farm Bill.
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October 10, 2024
Vet Groups Back Soldiers Fighting Naturalization Mandate
Veterans' groups are backing soldiers fighting the Pentagon's efforts to mandate a one-year service requirement for citizenship eligibility, telling the D.C. Circuit that soldiers who enlist during wartime would risk getting deployed without the benefits of citizenship.
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October 10, 2024
Shield Satellite Radio From Interference, FCC Told
Sirius XM told the Federal Communications Commission that continued attempts to open the 6 gigahertz band for low-power wireless devices could pose a threat to the satellite radio service's signals if strong protections are not put in place.
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October 10, 2024
FCC Chair Slams Trump's Demands To Pull CBS' License
The head of the Federal Communications Commission on Thursday once again blasted Donald Trump for demanding the agency yank broadcast stations' licenses for political reasons, saying the former president's "familiar" attacks on free speech "should not be ignored."
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October 10, 2024
Georgia Judge Rejects Extension Of Voter Registration Again
A Georgia federal judge has shut the door on a last-ditch bid to extend Georgia's voter registration deadline thanks to disruptions from Hurricane Helene, saying Thursday that the civil rights groups pushing for the change couldn't show their members or voters had faced significant disenfranchisement.
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October 10, 2024
IRS Says It's Stepping Up Worker Credit Claims Processing
The Internal Revenue Service said Thursday it's accelerating processing of claims for pandemic-era worker credits after a moratorium triggered by what the agency has said was widespread fraud.
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October 10, 2024
$273M Hurricane Relief Bill Is 'First Step,' NC Gov. Says
North Carolina Gov. Roy Cooper on Thursday signed a $273 million measure to fund relief and recovery efforts after Hurricane Helene tore through the state in September, causing devastating floods and widespread power outages and killing at least 91 people in 20 counties.
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October 10, 2024
Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says
The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.
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October 10, 2024
Housing Nonprofit Hits NY Town With Disability Bias Suit
A housing nonprofit has claimed in New York federal court that local officials stopped the construction of an affordable housing project in the Hamptons because a lot of the units would go to people with mental health disabilities and military veterans, who would receive supportive services.
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October 10, 2024
Judge Says Kemp Doesn't Have To Probe Ga. Election Board
A Fulton County Superior Court judge dismissed a lawsuit Wednesday that sought to force Georgia Gov. Brian Kemp to hold a hearing on ethics charges brought against three Republican members of the State Election Board.
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October 10, 2024
Law Bars Removal Of 'Faithful Slaves' Monument, Court Told
A North Carolina county is urging a federal judge to toss a suit alleging that a courthouse monument commemorating "faithful slaves" deemed loyal to the Confederacy during the American Civil War promotes racially discriminatory speech, saying state law prohibits removal.
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October 10, 2024
Sanctioned Afghan Officials Drop Suit For Treasury's Review
Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.
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October 10, 2024
Sen. Warren, Novo At Odds On Merits Of $16.5B Deal
Sen. Elizabeth Warren on Thursday raised the alarm on Novo Holdings' planned $16.5 billion purchase of Catalent, arguing the transaction could give Novo "unprecedented" control over the production of certain obesity drugs by Eli Lilly and other top competitors, but Novo insists the deal would give it no such edge.
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October 10, 2024
Bradley Adds Ex-AUSA As Finance, Gov't Enforcement Partner
A former assistant U.S. attorney left the public sector after four years to join Bradley Arant Boult Cummings LLP's Birmingham, Alabama, office, this week.
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October 10, 2024
Feds Say 'Buy America' Waiver In Train Project Should Stand
The U.S. Department of Transportation's Federal Railroad Administration is urging a D.C. federal court to toss a suit alleging it wrongly waived "Buy America" requirements for a Las Vegas high-speed train project, arguing the plaintiff vendor hasn't shown it would have won the contract if the waiver hadn't been granted.
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October 10, 2024
Ex-Mayor Can't Reduce 6-Year Term In Fraud, Graft Case
A former Massachusetts mayor serving six years in prison for fraud and corruption has failed to raise a compelling argument to cut short the "already generous sentence" imposed, according to a Boston federal judge.
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October 10, 2024
Lawmakers Want Calif. Colleges To Flex NIL Muscle
As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.
Expert Analysis
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.