Public Policy

  • February 16, 2024

    Janssen FCA Claims Not Barred By Old Cases, Judge Says

    Prior litigation that referred to Janssen Biotech's marketing practices does not bar a False Claims Act complaint from moving forward because the earlier cases did not allege the same type of fraud, a Massachusetts federal judge ruled Thursday.

  • February 16, 2024

    Quartz Biz Says Customs Charged Tariffs On Duty-Free Goods

    A quartz importer took U.S. Customs and Border Protection to court over its assessment of anti-dumping duties on dozens of quartz surface products that the U.S. Department of Commerce said should be imported duty-free.

  • February 16, 2024

    Fulton DA DQ Hearing Wraps With Fight Over Privilege

    The evidentiary hearing in Georgia over whether Fulton County District Attorney Fani T. Willis should be removed from the case against former President Donald Trump and his allies has concluded for the time being, a judge said Friday after nearly seven hours of testimony.

  • February 16, 2024

    Ex-DOJ Official Wants Witnesses Barred From DC Ethics Case

    Jeffrey Clark, who was an assistant attorney general for the U.S. Justice Department under President Donald Trump, has asked a District of Columbia ethics panel to block fellow former DOJ officials from testifying in a disciplinary proceeding resulting from his alleged role in promoting the former president's bogus stolen election claims.

  • February 15, 2024

    Trump Asks Justices To Give Time For DC Immunity Appeal

    Donald Trump made a final plea Thursday asking the U.S. Supreme Court to stay a D.C. Circuit panel's ruling that he is not immune from federal charges of interfering in the 2020 presidential election, slamming special counsel Jack Smith's bid to get on with the former president's trial.

  • February 15, 2024

    FTC Seeks To Crack Down On Using AI To Impersonate People

    The Federal Trade Commission on Thursday moved to broaden its recently finalized rule to combat government and business impersonation schemes to also cover scammers that use emerging artificial intelligence tools and other methods to impersonate individuals. 

  • February 15, 2024

    3rd Circ. Says Rutgers Can Mandate COVID-19 Vaccines

    The Third Circuit on Thursday upheld the dismissal of a lawsuit by Rutgers University students who challenged the school's COVID-19 vaccine policy, with the majority finding that, under the U.S. Supreme Court precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.

  • February 15, 2024

    To Catch Crypto Crime, Look Offshore, Lawmakers Told

    Former regulators and prosecutors now employed by crypto-focused firms told U.S. House lawmakers Thursday that law enforcement needs additional power to go after offshore exchanges and other points where U.S. dollars enter and exit the digital asset economy in order to fight illicit finance in crypto.

  • February 15, 2024

    FINRA Fines Morgan Stanley $1.6M In Muni Securities Case

    Morgan Stanley Smith Barney LLC has been fined $1.6 million by the Financial Industry Regulatory Authority for alleged compliance and supervisory failures related to municipal securities transactions, in what the self-regulatory organization described as its first disciplinary case related to certain close-out requirements.

  • February 15, 2024

    FCC Wants Licensing Revamp To Help Hatch Space Industries

    The Federal Communications Commission on Thursday proposed ways to streamline federal licensing needed to support an array of services in space, including manufacturing and parts assembly.

  • February 15, 2024

    Sens. Press Zelle To Clarify Fraud Reimbursement Policies

    The chair of the U.S. Senate's banking committee and two of its members on Thursday pressed the CEO of the company behind Zelle to clarify the instant payment platform's policies protecting consumers from scams and fraud.

  • February 15, 2024

    FCC Makes It Easier To Revoke Robocall Consent

    The Federal Communications Commission has ushered in new rules that are supposed to make it easier than ever for consumers to revoke previously given consent to receive telemarketing calls and text messages.

  • February 15, 2024

    Enviro Orgs Sue EPA Over PFAS Data For Plastic Containers

    Two environmental groups accused the U.S. Environmental Protection Agency on Thursday of withholding test data on the presence of forever chemicals in fluorinated plastic containers in response to their Freedom of Information Act request.

  • February 15, 2024

    IP Forecast: 'No Labels' Party Feuds With Website Over Name

    In advance of debuting candidates for its promised "Unity Ticket for 2024," third-party political group No Labels will fight next week with a website's owners who say the group's name is merely a generic phrase any candidate can use. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 15, 2024

    Ex-FBI Informant Made Up Biden Bribery Claims, Feds Say

    The special counsel investigating Hunter Biden has charged a former FBI informant with fabricating reports that President Joe Biden and his son each took $5 million in bribes from a Ukrainian energy company, according to an indictment unsealed Thursday in California federal court.

  • February 15, 2024

    Biz Groups Urge Feds To Back WTO's Block On Digital Duties

    Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.

  • February 15, 2024

    House Committee Blasts VA, Oracle For E-Record Failures

    Lawmakers on Thursday rebuked the U.S. Department of Veterans Affairs and Oracle Corp. for inadequate fixes to electronic medical records systems that they say continue to threaten the health and safety of thousands of veterans, who are not being advised of the risk.

  • February 15, 2024

    Texas Migrant Arrest Law Needs 'A Lot More Care,' Judge Says

    A Texas federal judge Thursday seemed poised to block a controversial state law that would permit the state to arrest and deport migrants, telling attorneys for the state that the statute may lead to a patchwork of immigration law akin to "the kind of thing the Civil War said you can't do."

  • February 15, 2024

    Atty Must Be Tried Alongside Ex-Hawaii DA, Feds Say

    Prosecutors have urged a federal judge not to sever a lawyer from a criminal case against former Honolulu top prosecutor Keith Kaneshiro and others, saying she was a "primary" facilitator of a prosecution-for-donations conspiracy.

  • February 15, 2024

    DOJ Fights 'Outdated' Tenn. Law On HIV-Positive Sex Workers

    The state of Tennessee uses a prostitution law to disproportionally punish people with HIV for engaging in sex work based on an outdated understanding of the virus's transmission, according to a lawsuit filed Thursday by the U.S. Department of Justice.

  • February 15, 2024

    NRA Accuses NY AG Of Political Bias As Trial Closes

    Lawyers for the National Rifle Association and its former CEO Wayne LaPierre accused New York Attorney General Letitia James of political bias in their final trial arguments Thursday, while a government attorney said this "witch hunt" defense is merely a distraction from the gun group's misuse of charitable assets.

  • February 15, 2024

    State Dept. Offers $5M For Info On 'BlackCat' Ransomware Group

    The State Department is offering millions for information on the "BlackCat" ransomware, claiming that the AlphV cybercrime group has compromised over 1,000 entities globally.

  • February 15, 2024

    HHS Targets Biz Group's Standing In Bid To End Medicare Suit

    The Biden administration has asked an Ohio federal judge to dismiss a lawsuit challenging the Medicare price negotiation program, contending that the local business group serving as lead plaintiff lacks standing to sue.

  • February 15, 2024

    FCC To Expand Emergency Alerts In Multiple Languages

    The Federal Communications Commission proposed new rules Thursday that would make it easier to broadcast emergency alerts in multiple languages on TV and radio.

  • February 15, 2024

    Profs Say W.Va. Mifepristone Ban 'Out Of Step' With Regs

    A group of history professors told the Fourth Circuit on Wednesday that a district court's decision in favor of a new West Virginia law limiting the abortion drug mifepristone is "out of step" with federal regulatory practices designed to fill the gap left by state-level failures to regulate drugs.

Expert Analysis

  • Opinion

    Anti-Kickback Statute Does Not Require But-For Causation

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    A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.

  • Copyright And Generative AI Developments To Watch In 2024

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    This year could bring clarity to critical copyright issues raised by the recent surge of development in generative AI platforms, as Congress continues its legislative focus in this area and litigation tests theories of liability, say Joshua Weigensberg and Felicity Kohn at Pryor Cashman.

  • A Closer Look At The Federal Criminal Enforcement Slump

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    Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.

  • How DOI Aims To Modernize Resource Damage Assessments

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    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • Expect National Security Scrutiny Of Higher Ed To Continue

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    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

  • Antitrust And ESG: Maximizing Targets, Ensuring Compliance

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    Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.

  • Key Legal Trends For Healthcare And Life Sciences In 2024

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    Due to the impact of contentious legal battles over drug pricing negotiations, the growing integration of artificial intelligence into drug development and manufacturing, and the publication of industry segment-specific guidance, the year ahead promises to be a dynamic period of changes and challenges, say Xin Tao and Lois Liu at Baker McKenzie.

  • Opinion

    Policyholders Must Object To Insurer Reorganizations

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    When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.

  • Ga. Banking Brief: All The Notable Legal Updates In Q4

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    In last year's fourth quarter, Georgia Sen. Raphael Warnock raised concerns regarding the proposed Secure and Fair Enforcement Regulation Banking Act, among other matters, at a Senate Banking Committee hearing, while recent and varied new rules enacted by Georgia's banking and finance department went into effect, say Nancy Baughan and Joe Wilson at Bradley Arant.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

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    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • Opinion

    Stronger Attorney Rules Are Needed To Avoid A Jan. 6 Repeat

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    Given the key role lawyers played in the events leading up to the Jan. 6, 2021, insurrection, the legal profession must shore up its rules before this year’s presidential election to make clear that lawyers who undermine the rule of law will face severe penalties, including disbarment, says Ray Brescia at Albany Law School.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

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