Public Policy

  • February 15, 2024

    HHS Watchdog Finds Lax Vetting For Migrant Kid Sponsors

    The U.S. Department of Health and Human Services was lackadaisical in vetting sponsors taking custody of children who migrated to the U.S. alone and did not always do timely safety checks after their release, according to a report Thursday.

  • February 15, 2024

    Conn. Justice Calls Marriott Lien Fight 'An Embarrassment'

    A "bizarre" appeal that seeks the discharge of a sewer assessment lien on a Marriott hotel property is "a waste of everybody's time," a Connecticut Supreme Court justice said Thursday amid oral argument.

  • February 15, 2024

    New York Says Thruway Doesn't Cut Through Cayuga Land

    New York state officials are asking a federal district court to dismiss litigation by the Cayuga Nation that seeks a cut of the tolls collected on the New York State Thruway, arguing that the tribe can't prove it had possession of the land over which the highway was being built.

  • February 15, 2024

    NC AG Takes Duke Energy Rate Hike Fight To State Justices

    North Carolina Attorney General Josh Stein is pressing the state Supreme Court to overrule a rate increase approved by the state utilities commission for Duke Energy Carolinas, arguing that the increase is "unlawful, unjust, unreasonable."

  • February 15, 2024

    Redistricting Would Confuse NC Voters, 4th Circ. Judges Say

    The Fourth Circuit seemed poised Thursday to let down Black voters in their bid to erase election maps they claim are unfairly drawn to dilute their voting power in North Carolina's "Black Belt," with the majority of a panel suggesting that redrawing maps shortly ahead of primaries would cause chaos.

  • February 15, 2024

    NYers Sue City To Push Housing Voucher Program Expansion

    A proposed class of New Yorkers have sued Mayor Eric Adams and the city in state court seeking to force the implementation of a set of laws aimed at expanding the City Fighting Homelessness and Eviction Prevention Supplement housing voucher program.

  • February 15, 2024

    NC Tribe Seeks To Restore Mountain Peak's Cherokee Name

    The Eastern Band of Cherokee Indians is asking the federal government to change the name of the highest point in the Smoky Mountains back to its original Indigenous title, saying the tribe has received overwhelming support from local and regional organizations for the process that began two years ago.

  • February 15, 2024

    Werfel Defends Delay Of $600 Payment Reporting Rule

    Internal Revenue Commissioner Daniel Werfel defended Thursday his decision to delay implementation of a law requiring peer-to-peer payment platforms such as Venmo and PayPal to report aggregate payments of $600 or more, saying the decision was informed by stakeholders.

  • February 15, 2024

    Ex-NJ Law Officers Allowed Concealed Carry, 3rd Circ. Rules

    The Third Circuit, in a precedential ruling, held that a federal statute allows former state and federal law enforcement officers in New Jersey to carry concealed firearms, rejecting the Garden State's argument that the law does not provide that right.

  • February 15, 2024

    Wash. Judge Tosses Professors' Email Probe Privacy Suit

    A Washington federal judge has sided with the state in a proposed class action brought by two University of Washington professors seeking to block the state ethics board's director from combing through faculty emails during misconduct investigations, saying the emails are public records because the professors are public employees.

  • February 15, 2024

    Ariz. Panel Votes To Put Public Nuisance Tax Credits On Ballot

    Arizona property owners impacted by deemed public nuisances that local governments fail to address, which would include homelessness, could qualify for tax refunds from the state if voters approve a ballot measure advanced by a House panel.

  • February 15, 2024

    GSA Probed For Buying Banned Chinese Conferencing Cams

    The House Oversight Committee's Subcommittee on Cybersecurity, Information Technology, and Government Innovation is probing the General Services Administration's purchase of videoconference cameras made in China following a recent report by the GSA's internal watchdog the subcommittee said raised alarming questions.

  • February 15, 2024

    Lawmakers Push PE Firm For Answers On Steward Health

    A group of lawmakers demanded answers from private equity firm Cerberus Capital Management on Thursday over its relationship with financially troubled Steward Health Care-owned hospitals in Massachusetts, saying that Steward's recent collapse is a "textbook example" of the "grave risks" that come with private equity takeover of the healthcare system.

  • February 15, 2024

    'Jock Tax' Is Constitutional, Pittsburgh Tells Pa. Justices

    The Pennsylvania Commonwealth Court erred by ruling Pittsburgh's fee on nonresident professional athletes violates the state constitution's uniformity clause, the city told the Pennsylvania Supreme Court.

  • February 15, 2024

    FTC's Khan Calls Healthcare 'Key' To Fight For Competition

    Federal Trade Commission Chair Lina Khan told a conference of physicians the agency is fighting corporate control at several levels of the healthcare industry, touting the sector as a key battleground in the administration's push for more competition across the economy.

  • February 15, 2024

    NC Bill Would Give BOE Power To Boot Trump From Ballot

    A Democrat in the North Carolina Senate has proposed a bill that would hand the state Board of Elections the power to decide whether Donald J. Trump should be disqualified from the state's primary ballot following a failed candidate challenge just before Christmas.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    Stanford Prof Must Pay Atty Fees In Dropped Defamation Suit

    A Stanford University professor who sued critics of his renewable energy research must pay more than $500,000 in attorney fees despite dropping the litigation, the D.C. Court of Appeals ruled Thursday.

  • February 15, 2024

    62 Senators Support Updated Kids Online Safety Act

    A bipartisan group of 62 senators, including Senate Majority Leader Chuck Schumer, D-N.Y., announced on Thursday their support for an updated version of the Kids Online Safety Act.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    House GOP Tees Off On DOL's ERISA Fiduciary Proposal

    Republican lawmakers blasted the U.S. Department of Labor's proposal to expand which investment advisers are subject to the Employee Retirement Income Security Act's strict conflict-of-interest standards during a House subcommittee hearing Thursday where one member vowed to try to repeal the regulations when finalized.

  • February 15, 2024

    Trump Gets March 25 Trial Date In NY Hush Money Case

    The Manhattan district attorney's hush money case against Donald Trump is on track to be the first of the former president's four criminal matters to go to trial, after a state judge on Thursday denied his motion to dismiss the charges and confirmed a March 25 date for jury selection.

  • February 14, 2024

    Bar Seeker Says Colo. Blocking Needed Accommodations

    A recent law school graduate on Wednesday urged a Colorado state judge to order the state's legal licensing authority to give him extra time on this month's bar exam, laying out in sometimes emotional testimony how his visual impairments and ADHD affect his ability to take the test and how state officials have failed to accommodate him.

  • February 14, 2024

    EPA Says Farmers Can Still Use Existing Stocks Of Dicamba

    The U.S. Environmental Protection Agency issued an order Wednesday that allows farmers to use the weed killer dicamba if it was already packaged and ready to go before an Arizona federal judge revoked the EPA's approval of the popular herbicide last week.

  • February 14, 2024

    USDA Says $20M Will Help Tribes Access Climate Market

    Federally recognized tribes and Alaska Native corporations and villages are getting a $20 million bump to broaden their access to emerging climate markets as a way to address ongoing climate change, the U.S. Department of Agriculture said on Wednesday.

Expert Analysis

  • Opinion

    Noncompete Report Misinterpreted Critique Of FTC Proposal

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    A recent report on core questions surrounding the use of employee noncompete agreements published by the Economic Innovation Group misconstrues our stated views on the issue — and we stand behind our conclusion that the Federal Trade Commission made misrepresentations when proposing a rule to ban such provisions nationwide, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • FOIA Exemption Questions On Redacted HHS Cannabis Letter

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    The U.S. Department of Health and Human Services' recent recommendation letter concerning the rescheduling of cannabis was heavily redacted, and based on an analysis on the applicability of Freedom of Information Act Exemption 5 to the letter, it's likely that we will see successful legal challenges to those redactions, say attorneys at Troutman Pepper.

  • Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal

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    In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.

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

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    As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Corporate Transparency Act Takeaways For Banking Industry

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    As of Jan. 1, the Corporate Transparency Act requires millions of companies to report the identities of their beneficial owners and applicants to the Financial Crimes Enforcement Network, and this groundbreaking change adds compliance obligations and complexity for lenders, borrowers and investors, says George Singer at Holland & Hart.

  • Bribery Settlement Gives Insight On DOJ Policies

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    Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.

  • A Primer On New Calif. Health Transaction Reporting Rules

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    New California regulations regarding the reporting of certain transactions involving healthcare entities, which took effect on Jan. 1, address some industry feedback about overly broad requirements but still leave several areas of concern, says Andrew Demetriou at Husch Blackwell.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • Opinion

    Waiving COVID-19 IP Protections Would Harm US Industry

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    President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

  • Series

    In The CFPB Playbook: Rulemaking Rush Before Election Year

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    In this quarterly Consumer Financial Protection Bureau activity recap by former bureau personnel, attorneys at McGuireWoods explain the regulator's recent push to finalize new rules about data aggregators, digital payment apps and more before the election-year Congressional Review Act window opens.

  • What May Define Contract Disputes Act Jurisdiction In 2024

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    Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.

  • 5 Privacy And Cybersecurity Resolutions For 2024

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    In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.

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