Public Policy

  • March 28, 2024

    CFPB Scores Win As Banks' Late Fee Rule Lawsuit Sent To DC

    A Texas federal judge ruled Thursday that the U.S. Chamber of Commerce and other trade groups suing to block the Consumer Financial Protection Bureau's $8 credit card late-fee standard must take their case to D.C. federal court, granting the agency's bid to fight the challenge on its home turf.

  • March 28, 2024

    White House Directs Agencies To Install AI Risk Safeguards

    The White House on Thursday issued a new directive requiring all federal agencies to address safety and civil rights risks in their use and procurement of artificial intelligence in an array of settings, including conducting screenings at airports and making decisions affecting Americans' healthcare, employment and housing.

  • March 28, 2024

    Making Home Liquor Constitutional, Distillers Group Says

    A Texas federal judge decided that a case between the Hobby Distillers Association and the government over the right to make hard liquor at home could proceed on the merits after both sides argued about the constitutionality of homemade spirits during a hearing on Thursday.

  • March 28, 2024

    Ariz. Rancher Appeared 'Calm' Before Body Found, Jury Hears

    A Border Patrol agent who responded to an Arizona rancher's call for help before a migrant was found dead admitted Thursday that he would expect a person who had just shot someone to be "nervous, shaken up," and the rancher was the opposite of that.

  • March 28, 2024

    Fla. Judge Axes Club Owners' Suit 'Intended For The Media'

    A Florida federal judge has dismissed a complaint brought by two Little Havana businessmen against top-level Miami officials over weaponizing city resources against them for supporting a local political candidate, saying the lawsuit appeared to be "intended for the media" and needs to be refiled without errors.

  • March 28, 2024

    4th Circ. Rejects Black Voters' Pleas To Block NC Senate Map

    A split Fourth Circuit panel on Thursday opted against interfering with one of North Carolina's newly drawn voter maps as the 2024 election cycle gets underway, rejecting pleas from Black voters who claim the state Senate districts have been unfairly drawn to dilute their voting power.

  • March 28, 2024

    Munger Tolles, Stroock Alums Tapped For Calif. Judiciary

    Among California Gov. Gavin Newsom's picks for judgeships around the Golden State are a former Munger Tolles & Olson LLP attorney, who will serve on the state's Second District Court of Appeal, and a Stroock & Stroock & Lavan LLP alumna.

  • March 28, 2024

    8th Circ. Won't Revive Fannie, Freddie Investors' FHFA Suit

    The Eighth Circuit on Thursday refused to revive Fannie Mae and Freddie Mac investors' suit alleging the Federal Housing Finance Agency's leadership and financial deals violated the U.S. Constitution, saying the investors failed to show how they were harmed by the now-upended restrictions on removing the agency's director.

  • March 28, 2024

    Sen. Menendez Won't Delay May 6 Trial As He Forgoes Appeal

    Sen. Robert Menendez told a New York federal judge Thursday he won't seek interlocutory appeal of his order two weeks ago rejecting the lawmaker's bid to dismiss his bribery case based on the speech and debate clause of U.S. Constitution, teeing up his jury trial set for May 6.

  • March 28, 2024

    Medical Lab Inks $2.1M Deal To End NC's False Claims Probe

    A North Carolina lab will pay back $2.1 million to the state's Medicaid program after settling an investigation into how it charged the public health program for tests, the state attorney general's office announced Thursday.

  • March 28, 2024

    FCC Lacks Legal Power To Collect Blackout Info, Stations Say

    TV network affiliates and their national lobbying arm say the Federal Communications Commission lacks legal authority to collect data on impasses between broadcasters and cable and satellite providers that lead to programming "blackouts."

  • March 28, 2024

    Va. Gov., Critic Of Legal Pot, Vetoes Bill To Begin Sales

    Glenn Youngkin, the Republican governor of Virginia, on Thursday vetoed a Legislature-approved bill that would have taxed and regulated the sale of adult-use cannabis, saying marijuana sales would pose a public health and safety risk to Virginians.

  • March 28, 2024

    DOJ, FTC Weigh In On Another Pricing Algorithm Case

    The U.S. Department of Justice and the Federal Trade Commission intervened in another alleged algorithmic collusion case Thursday with a statement of interest arguing that Atlantic City casino-hotels can't duck room rate price-fixing allegations simply by arguing there's no evidence they communicated directly or that pricing recommendations were binding.

  • March 28, 2024

    SEC Settles Suit For Docs Over Potential Crypto Conflicts

    The U.S. Securities and Exchange Commission and government watchdog Empower Oversight have agreed to end a suit that sought to force the regulator to hand over documents the watchdog claimed may provide insight into potential conflicts of interest affecting the SEC's digital asset dealings.

  • March 28, 2024

    Montana High Court Says Laws Hinder Native Voting Rights

    The Montana Supreme Court on Wednesday struck down four state laws that challengers claimed hindered Native Americans and students from participating in the state's election process, affirming a lower court's ruling that the 2021 legislation violated fundamental voting rights.

  • March 28, 2024

    University May Have Pried Too Deeply About Vet's Service Dog

    A Colorado state appeals court on Thursday rejected a university's argument that it could ask for additional documentation and details regarding a veteran's disability and his dog's training when it had "legitimate suspicions" about his dog not being a service animal, with the panel finding that argument outdated and inconsistent with Americans with Disabilities Act nondiscrimination regulations.

  • March 28, 2024

    Calif. Looks To Sink Chamber's Climate Disclosure Challenge

    The state of California says a challenge by the U.S. Chamber of Commerce and other business groups to its recently enacted corporate climate disclosure laws should be tossed, arguing the groups cannot sue since enforcement of the law has not begun and the groups cannot plead an injury.

  • March 28, 2024

    Feds Lean On 5th Circ. SB 4 Order To Argue For Buoy Removal

    The Biden administration has told a Texas federal court that a Fifth Circuit ruling blocking a controversial Texas migrant arrest law confirms that the administration has a valid cause of action in seeking to remove the state's floating anti-migrant barriers.

  • March 28, 2024

    Kauai Groups, Hawaii Settle Suit Over Hydro Project Review

    Two West Kauai community groups say they've reached an agreement with the state of Hawaii and a utility to settle their suit over the environmental review for a hydroelectric development that threatened to divert large amounts of water from the Waimea River watershed.

  • March 28, 2024

    FinCEN Eyes Relaxing Bank Duties For Customer ID Numbers

    The U.S. Treasury Department's anti-financial crimes unit moved Thursday to revisit a long-standing requirement for banks to collect full Social Security numbers from people at account sign-up, saying it is looking at possibly relaxing this identity verification measure amid fintech calls for more flexibility.

  • March 28, 2024

    Colo. Can Fine Conservative Org. For Keeping Donors Secret

    Colorado Secretary of State Jena Griswold had the authority to fine a conservative political group $40,000 for failing to disclose its donors after spending millions on state ballot questions in 2020, a state appellate panel decided Thursday, rejecting the group's First Amendment challenges.

  • March 28, 2024

    Advocates Push For More Hot Spot Options If E-Rate Expands

    The Federal Communications Commission needs to consider a tech-neutral approach to funding wireless hot spots in schools to make sure that low-income and rural areas do not get left out if mobile carrier signals aren't adequate, an advocacy group said.

  • March 28, 2024

    4 Takeaways As Hollywood Asks For AI Deepfakes Laws

    Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.

  • March 28, 2024

    Tesla Judge Cites Rodney King Litigation In OK'ing EEOC Suit

    A California federal judge indicated Thursday she'll likely deny Tesla's bids to toss or stay the U.S. Equal Employment Opportunity Commission's allegations that the electric carmaker fostered rampant racism at its Fremont factory, saying ongoing state litigation doesn't preclude the EEOC's claims and comparing the fight to Rodney King litigation.

  • March 28, 2024

    Meta Says Speech Immunity Dooms Instagram Addiction Case

    Meta on Thursday asked a Massachusetts judge to toss a lawsuit alleging it has intentionally misled users about Instagram features purportedly designed to addict children and teens, saying it is shielded both by federal law and the First Amendment.

Expert Analysis

  • What To Know About State-Level Health Data Privacy Laws

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    Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.

  • New Concerns, Same Tune At This Year's SIFMA Conference

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    At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • HHS' Updated Tracking Tech Guidance Offers Little Clarity

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    The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.

  • 8 Tips As GCs Prep For New SEC Climate Disclosure Rules

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    The U.S. Securities and Exchange Commission's recently adopted rules governing climate-related disclosures represent a major change to the existing public company disclosure regime, so in-house counsel should begin to evaluate existing systems and resources related to emissions data, and identify the changes that will need to be made, say attorneys at Bracewell.

  • A Defense Strategy For Addressing Copyright Fee-Shifting

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    Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

  • Opinion

    DOJ Press Office Is Not Fulfilling Its Stated Mission

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    The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.

  • An Overview Of Key Financing Documents In Venture Capital

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    The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.

  • Opinion

    Expanded Detention Will Not Solve Immigration Challenges

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    The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.

  • Ready Or Not, Big Tech Should Expect CFPB Surveillance

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    In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.

  • Opinion

    Neb. Justices Should Weigh IRC Terms In Dividend Tax Case

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    Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.

  • What New Waste Management Laws Signal For The Future

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    Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.

  • Untangling The Legal Complexities Of Trade Secrets And AI

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    With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.

  • A Look At 3 Noncompete Bans Under Consideration In NYC

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    A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.

  • Reducing Risk While DOJ Plans New Whistleblower Rewards

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    In light of the Department of Justice's newly announced plan to create a comprehensive whistleblower reward program to fill the gaps in the current patchwork of federal incentives, companies should mitigate their risk of external claims now by implementing internal systems where employees can confidently and anonymously report concerns, say Caleb Hayes-Deats and Walter Hawes at MoloLamken.

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