Public Policy

  • August 12, 2022

    SD County Must Fix Native American Vote Dilution

    A South Dakota county must change its current voting system after a federal judge ruled that county officials likely violated the Voting Rights Act by diluting Native Americans' voting and that a new plan must be found, even with elections approaching in November.

  • August 12, 2022

    Bipartisan Bill Would Amp Up Broadband Along Electric Grid

    A pair of senators are touting a bipartisan bill that would support the installation of broadband equipment along the nation's power grid to ease the deployment of high-speed internet in hard-to-reach areas.

  • August 12, 2022

    US Auto Safety Chief To Rejoin California Air Resources Board

    The head of the National Highway Traffic Safety Administration is leaving the federal auto safety regulator to rejoin the California Air Resources Board in September, stepping down just months after he was confirmed by the U.S. Senate.

  • August 12, 2022

    DC Circ. Says Racers Didn't Show Emissions Rule Was U-Turn

    The D.C. Circuit on Friday tossed a challenge to Obama-era greenhouse gas and fuel efficiency standards, ruling a group of car racing enthusiasts and suppliers failed to show the EPA made a policy U-turn or that updated standards caused them harm.

  • August 12, 2022

    DC Circ. Sends Chevron Offshore Oil Rig Fight To 9th Circ.

    A D.C. Circuit panel ruled Friday that Chevron Corp. needs to head to the Ninth Circuit with its challenge to the U.S. Environmental Protection Agency's finding that two of the company's soon-to-be-decommissioned offshore oil platforms are still subject to Clean Air Act regulations.

  • August 12, 2022

    Threats Over Mar-A-Lago Warrant Not Surprising, Say Judges

    The attacks against U.S. Magistrate Judge Bruce E. Reinhart on social media show that Congress, which has been dragging its feet on legislation to address judicial safety, isn't doing enough, federal judges told Law360 Pulse.

  • August 12, 2022

    Eastman Faces DC Bar Complaint For 2020 Election 'Scheme'

    Embattled lawyer John Eastman has been slapped with an ethics complaint in Washington, D.C., accusing him of abusing his law license as he worked on behalf of then-President Donald Trump on legal challenges aimed at upending the results of the 2020 presidential election.

  • August 12, 2022

    DC Circ. Upholds FCC's Revamp Of Auto Safety Band

    The D.C. Circuit on Friday upheld the Federal Communications Commission's move to reconfigure a spectrum band previously reserved for roadway safety to make room for unlicensed wireless devices such as Wi-Fi.

  • August 12, 2022

    FCC Permanently Allows Amtrak To Deploy Safety Controls

    The Federal Communications Commission moved Thursday to allow Amtrak to permanently deploy congressionally required safety technology on a railway connecting Poughkeepsie to Schenectady, New York.

  • August 12, 2022

    Meet Trump's New Hip-Hop Lawyer in Georgia Probe

    Former President Donald Trump is pretty comfortable with lawyers of all stripes. His newest hire for a Georgia probe of election interference is Atlanta attorney Drew Findling, a pro-choice, anti-mass incarceration advocate best known for representing hip-hop luminaries such as Cardi B. Here, Law360 Pulse offers five things to know about Drew Findling.

  • August 12, 2022

    Groups Ink Deal To End BLM Colo. Oil & Gas Plan Challenge

    The U.S. Department of the Interior agreed to stop new oil and gas leasing across 2.2 million acres of southwestern Colorado until additional environmental review and resource management plans are completed, in a settlement with environmental groups.

  • August 12, 2022

    The Quiet Power Of Amy Coney Barrett

    She is not the most talkative at oral arguments nor does she write the most opinions, but Justice Amy Coney Barrett is a key player in the U.S. Supreme Court's conservative majority who seems to be in control over the law's rightward push.

  • August 12, 2022

    Griner Sentencing Moves Case Toward Hazy Diplomatic Phase

    Russia's sentencing of WNBA All-Star Brittney Griner to nine years in a penal colony on drug trafficking charges marked an important shift in the U.S. government's effort to bring the basketball superstar home, as the legal process gave way to a fully diplomatic effort.

  • August 12, 2022

    Ga. Regulators Urge 11th Circ. To Toss Pot Co. Appeal

    Georgia medical cannabis regulators urged the Eleventh Circuit on Wednesday to toss an appeal brought by a company that was denied a production license, saying the business had no standing to sue since cannabis remains federally illegal.

  • August 12, 2022

    Feds Aim For More Insight On Hacks With Maze Of Policies

    As U.S. federal agencies push for more visibility into cyberattacks with a fast-developing patchwork of reporting rules, industry observers are keeping a close eye on how broadly the new laws will define covered entities and how quickly companies will be required to notify officials.

  • August 12, 2022

    Ex-Special Counsel For Jan. 6 Panel Joins Jenner & Block

    Jenner & Block LLP is bringing on a former solicitor general of Virginia and special counsel to the committee investigating the January 6 attack on the capitol as a partner in its appellate practice in Washington D.C., the firm said Friday.

  • August 11, 2022

    UnitedHealth, Change Turn Trial Gaze To Horizontal Overlap

    UnitedHealth Group and Change Healthcare countered Justice Department allegations that their proposed merger threatens direct competition in the claims processing sector by arguing at the D.C. federal court that their plan to divest an insurance claims technology business addresses the DOJ's concerns.

  • August 11, 2022

    Winless In Opioid Bouts, Will Pharmacies Throw In The Towel?

    A California federal judge's walloping of Walgreens over its narcotic painkiller sales in San Francisco has left pharmacy chains 0 for 2 in opioid trials and is casting doubt on the companies' apparent plans to continue stepping into the legal ring with government adversaries.

  • August 11, 2022

    Full Fed. Circ. Won't Mull USPTO Interim Director's Powers

    The full Federal Circuit has shot down Arthrex's request to evaluate if former Patent Commissioner Drew Hirshfeld was allowed to conduct director reviews while he headed the U.S. Patent and Trademark Office between leaders.

  • August 11, 2022

    Author, Agents Say Advances Only Part Of Puzzle

    A nonfiction author and several agents told a D.C. federal judge on Thursday that there's more to negotiating a book deal than landing the largest possible advance, while throwing cold water on the government's fears over the merger of Penguin Random House and Simon & Schuster.

  • August 11, 2022

    Biden's 10th Circ. Pick Seen As Humble Yet Savvy Prosecutor

    President Joe Biden has tapped for the Tenth Circuit Court of Appeals a longtime federal prosecutor who's respected across party lines for his humility and compassion — and, if confirmed, would be the first person of color from Kansas to serve as a judge in that court.

  • August 11, 2022

    'Confusion' Warrants NJ Tax Challenge Ruling, Court Told

    An advocacy organization took aim Thursday at what it claimed was uncertainty surrounding a New Jersey bill that closed certain avenues for taxpayers to appeal the assessments or exempt status of properties owned by others, and urged a state judge to find that similar challenges may still be brought to the courthouse.

  • August 11, 2022

    USMCA Energy Row Pits Nationalism Against Private Interests

    The U.S. and Canada's challenges to Mexico's prioritization of state utilities over private enterprises could lead to new tariffs and lost investments, unless the parties negotiate an agreement that balances Mexico's sovereignty against the interests of northerly energy stakeholders.

  • August 11, 2022

    HHS Wants 3rd Circ. To Revive Drug Discount Violation Notice

    The U.S. Department of Health and Human Services on Thursday asked the Third Circuit to reinstate an enforcement letter to pharmaceutical giant AstraZeneca accusing it of going against a federal discount drug program, saying a federal judge wrongly concluded the letter went against the Administrative Procedure Act.

  • August 11, 2022

    Montana High Court Blocks State's Anti-Abortion Laws

    The highest state court in Montana has upheld a preliminary bar on a series of anti-abortion laws, putting those laws on ice while Planned Parenthood challenges them in court.

Expert Analysis

  • State Ransomware Payment Laws Raise Insurance Questions

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    Recent Florida and North Carolina statutory prohibitions on government agencies' ransomware payments will not just affect public entities' response to ransomware incidents, but also require consideration from insurers whose policies may cover ransom payments, say Ted Brown and Mallory Meaney at Wiley.

  • Inflation Reduction Act Loan Funds Will Aid Energy Innovation

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    By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

  • Pa. Cannabis Banking Law Won't Allay Finance Industry Fears

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    Though a new Pennsylvania law allows financial institutions and insurers to provide services to the state’s legal cannabis industry, it’s unlikely to assuage most financial industry operators’ fears of federal reprisal, and their reluctance to work with cannabis businesses will surely persist, says Michael Sampson at Leech Tishman.

  • Preparing For Small Biz Subcontractor Evals After New Rules

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    With the U.S. Small Business Administration's rules requiring prime contractors to provide past-performance evaluations going into effect this month, large government contractors and small business subcontractors should consider the additional administrative burdens and compliance risks, says Tyler Evans at Steptoe & Johnson.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Expect More DOJ Labor Market Enforcement, Despite Losses

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    Though the U.S. Department of Justice faced trial setbacks earlier this year, it seems undeterred in its labor market enforcement, not only from investigating and prosecuting antitrust violations, but also in its efforts to generate precedent and drive doctrine around these issues, says Carsten Reichel at Norton Rose.

  • Nursing Homes Must Brace For Data-Driven DOJ Scrutiny

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    The U.S. Department of Justice’s recently filed False Claims Act complaint against American Health Foundation signals the ramp-up of a DOJ initiative to scrutinize substandard nursing home quality — and a greater reliance on data analysis in enforcement, say Brenna Jenny and Francesca Ozinal at Sidley.

  • Opinion

    The Defense Bar Must Push Back On Social Inflation

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    Social and litigation trends such as the rise of opioid and #MeToo cases have led to greater risks of nuclear verdicts for the defense bar and insurers, making efforts for tort reform, regulation of litigation funding and coordinated defense strategies essential, say Christopher Carroll and Joshua Wirtshafter at Kennedys and Rachel Kim at Sompo International.

  • Guarding Consumer Financial Data As Federal Scrutiny Grows

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    On the heels of a recent U.S. Senate request that the Financial Stability Oversight Council look into financial institutions' collection and sale of consumer data, the industry should take steps to ensure they handle this information in a manner that mitigates risk for all parties, say attorneys at Debevoise.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Justices Could Tighten Fraud Statute In Ex-Cuomo Aide Case

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    The U.S. Supreme Court has an opportunity to overturn the conviction of an aide to former New York Gov. Andrew Cuomo in Percoco v. U.S., thereby restraining federal prosecutors' use of the honest services fraud statute and confining its application to cases of true public corruption, says Scott Coffina at Montgomery McCracken.

  • Lessons For Federal Lawmakers As Calif. Alters Cannabis Tax

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    California recently eliminated a cultivation tax that had for years burdened the state’s licensed cannabis market, providing important lessons for federal lawmakers on cumbersome regulations and unduly high taxes as they debate legalization, says Raza Lawrence at Zuber Lawler.

  • A Look At 2 Frameworks For Decarbonizing Heavy Industry

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    Comparing common themes in two recent international frameworks for decarbonizing heavy industry reveals recent progress toward lowering emissions and highlights the key role the industrial sector will play in decarbonization efforts, say attorneys at Shearman.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • DOJ Criminal Antitrust Enforcement Outlook For Rest Of 2022

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    Looking at policy changes, indictments and trials that have unfolded thus far in 2022, attorneys at White & Case preview what to expect from the U.S. Department of Justice’s criminal antitrust enforcement for the remainder of the year, from alleged price-fixing schemes to public procurement fraud.

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