Public Policy

  • October 07, 2024

    FCC Looks To Update Satellite Spectrum Sharing Rules

    The Federal Communications Commission is working on new spectrum sharing rules for non-geostationary orbit fixed-satellite systems, saying the proposal will clarify details from a 2023 order requiring systems to work with each other to prevent signal interference.

  • October 07, 2024

    Mich. Couple Owe $3.3M Tax Debt, US Says

    A Michigan federal court should order the sale of three properties held by a real estate company to satisfy the roughly $3.3 million tax debt of a couple who are the company's nominee owners, the U.S. government said in a complaint Monday.

  • October 07, 2024

    Voter Groups Ask To Protect Member IDs in Redistricting Row

    Voting rights groups challenging the constitutionality of North Carolina's recently redrawn state and federal legislative districts are looking to shield the identities of their members from lawmakers, saying the last-ditch bid to depose them flies in the face of the First Amendment.

  • October 07, 2024

    Court Punts Case Over Trump's 'Eating The Dogs' Comments

    An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.

  • October 07, 2024

    Mich. Says Local Courts' ADA Compliance Is Not Its Job

    A proposed class of disabled attorneys lacks standing to pursue civil rights claims against Michigan alleging courthouses were inaccessible, the state has told a federal judge, arguing it is not responsible for local facilities and is otherwise protected by sovereign immunity under state disability laws.

  • October 07, 2024

    Don't Overdo School Wi-Fi Lending Restrictions, FCC Told

    An educational nonprofit and school broadband provider are asking the Federal Communications Commission for flexibility in how anchor institutions such as public libraries, colleges and nonprofits can use federal funds to loan out Wi-Fi hot spots off premises.

  • October 07, 2024

    Ga. Asks Justices To Ignore Meadows' Election Removal Bid

    Georgia county prosecutors fought a bid by former White House Chief of Staff Mark Meadows to move his election interference case into federal court, telling the U.S. Supreme Court that the legal issues at play require more "percolation" before they are ripe for review.

  • October 07, 2024

    Massachusetts' Chief Federal Judge To Take Senior Status

    U.S. District Judge F. Dennis Saylor IV of Massachusetts has notified President Joe Biden he will take senior status on July 31, 2025, the court announced Monday.

  • October 07, 2024

    College Tennis Player Can't Block NCAA Prize Money Rules

    NCAA rules restricting college athletes from earning prize money in outside competitions will remain in effect during a University of North Carolina tennis player's antitrust suit after a federal judge cast doubt on the strength of the case.

  • October 07, 2024

    Mass. Justices Unsure If Divisive Housing Law Has 'Teeth'

    The Massachusetts high court appeared split Monday on whether the state properly issued guidelines requiring towns in greater Boston to add housing density near mass-transit facilities.

  • October 07, 2024

    Mass. High Court Reluctant To Kill Lost Value Policy Exclusion

    Massachusetts' highest court on Monday appeared likely to reject a challenge to standard auto insurance policy language that excludes coverage for the dip in resale value of a vehicle after a crash.

  • October 07, 2024

    Defiant Philly Judge Gets Suspended For Political Posts

    A Pennsylvania judge who flouted conduct rules by making political posts was suspended without pay Monday, a matter the state's judicial ethics court called historic because of the jurist's repeated defiance of warnings.

  • October 07, 2024

    Justices Skip Review Of USPTO's TM Address Requirement

    The U.S. Supreme Court said Monday it will not review whether the U.S. Patent and Trademark Office is required to solicit public feedback before enacting a rule that requires trademark applicants to list their home addresses.

  • October 07, 2024

    Justices Seek Feds' Input On 10th Circ. PBM Preemption Fight

    The U.S. Supreme Court on Monday asked the federal government to weigh in on the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D.

  • October 07, 2024

    Justices Reject 5-Hour Energy's Attack On Unfair Pricing Test

    The U.S. Supreme Court rejected the maker of 5-Hour Energy's petition to review a Ninth Circuit test for deciding whether companies are in competition with one another in price discrimination cases Monday, allowing the circuit court's revival of a suit brought by wholesalers to stand.

  • October 07, 2024

    High Court Won't Look At Alabama Frozen Embryo Decision

    The U.S. Supreme Court on Monday said it won't consider a challenge to a first-of-its-kind Alabama state court ruling that frozen embryos are legally children.

  • October 07, 2024

    Justices Won't Review Feds' Warrant On Trump's Twitter DMs

    The U.S. Supreme Court declined on Monday to review a court order that allowed special counsel Jack Smith to obtain messages from Donald Trump's account on the X social media platform while barring X Corp. from alerting the former president beforehand.

  • October 07, 2024

    Justices Won't Hear Shkreli's Bid To Undo $64M Disgorgement

    The U.S. Supreme Court refused Monday to review former pharmaceutical executive Martin Shkreli's challenge of a disgorgement order requiring him to pay up to $64 million for an alleged scheme to increase the price of a life-saving drug by 4,000%.

  • October 07, 2024

    Justices Pass On Borrower's Debt Canceling Case

    The U.S. Supreme Court on Monday declined to take up a student loan borrower's appeal seeking to revive claims that a Pennsylvania loan servicer thwarted forgiveness of his federal student loans by refusing to recognize his employment as a public servant.

  • October 07, 2024

    Justices Won't Take Up Poll Watchers' Fight Against Dominion

    The U.S. Supreme Court on Monday ended a group of Michigan poll watchers' efforts to revive their civil rights class action against Dominion Voting Systems, ending their claims they received letters demanding they stop defaming the company.

  • October 07, 2024

    Justices Won't Referee Fight Over FERC Power Rule Deadlock

    The U.S. Supreme Court on Monday declined to review a rule change allowing the country's largest regional grid operator to stop requiring state-backed renewable energy sources to meet a certain price floor in electricity capacity auctions following a Federal Energy Regulatory Commission stalemate on its approval.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Pa. Noncompete Ban Challenger Drops Case After Stay Denied

    A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.

  • October 04, 2024

    Milbank LLP Lands Departing SEC Enforcement Chief Grewal

    Departing U.S. Securities and Exchange Commission enforcement director Gurbir Grewal will land at Milbank LLP in New York after he leaves the agency later this month, joining the law firm's litigation and arbitration group, according to a person familiar with the matter.

  • October 04, 2024

    G7 Antitrust Chiefs Vow To Scope Collusion In AI Tech Sector

    U.S. and international antitrust regulators said Friday they intend to scrutinize any anticompetitive practice in the market for artificial intelligence technologies or any use of the emerging tech to circumvent competition.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Assessing Whether Jarkesy May Limit FINRA Prosecutions

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    The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

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    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • Examining Patent Subject Matter Eligibility Of AI Inventions

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    In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • What Drug Cos. Must Know About NY Price Transparency Law

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    Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • Pros, Cons Of Disclosing Improper Employee Retention Credit

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    Employers considering the Internal Revenue Service’s second voluntary disclosure program, which allows companies to avoid penalties for erroneously claiming employee retention credits for the 2021 tax year by repaying the credits and naming the tax advisers who encouraged these abusive practices, should carefully weigh the program’s benefits against its potential drawbacks, say attorneys at Winston & Strawn.

  • Until Congress Acts, EDNY 'Insider Betting' Case Is Premature

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    The Eastern District of New York’s novel wire fraud conspiracy indictment in U.S. v. Pham may have prematurely heralded a new era in federal gambling enforcement, but in the absence of an “insider betting” statute, sportsbooks — not prosecutors — should be responsible for enforcing their terms of use, says attorney Jonathan Savella.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

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