Public Policy

  • April 03, 2024

    NC Must Face Challenge Over Voter Registration Limits

    A North Carolina federal judge kept alive a suit by civil rights groups challenging the state's restrictions on same-day voter registration, finding that the groups had sufficiently claimed that the limits violate citizens' rights.

  • April 03, 2024

    3rd Circ. Won't Block Order To Replace NJ 'County Line' Ballot

    A federal appellate court panel refused Wednesday to block a district court order requiring New Jersey to change the layout of its ballot before the June 4 primary, even though some county clerks who are responsible for preparing the ballots argued that it was not feasible to make the changes in time.

  • April 03, 2024

    Enviro Group Sues DOE Over $1.1B Diablo Canyon Award

    Environmental group Friends of the Earth slapped the U.S. Department of Energy with a complaint in California federal court seeking to unravel the agency's $1.1 billion award for the continued operation of the state's last remaining nuclear power plant.

  • April 03, 2024

    SEC Investigators Say Attys Harm Clients By 'Behaving Badly'

    U.S. Securities and Exchange Commission staff warned attorneys at a Washington, D.C., conference Wednesday that delaying regulatory investigations destroys their credibility and could potentially harm their clients' chances of striking a favorable deal as the agency's Enforcement Division pushes for more cooperation from targeted businesses and individuals.

  • April 03, 2024

    EPA Faces Down Water Rule Challenge In Texas

    The federal government has asked a Texas federal judge to toss lawsuits filed by Texas, Idaho and more than a dozen industry groups challenging the U.S. Environmental Protection Agency and Army Corps of Engineers' rule defining the extent of the Clean Water Act's reach.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    US Agrees To Pay Migrant $65K In Family Separation Suit

    The federal government has agreed to pay $65,000 to settle the remaining claims in a suit by a Honduran migrant who was separated from his toddler under the Trump-era "zero tolerance" policy, according to a settlement agreement filed Tuesday in New York federal court.

  • April 03, 2024

    Gov't Says Alaska Gold Mine Approvals Should Stand

    The U.S. government is defending its approvals for a large open-pit gold mine along the Kuskokwim River in southwest Alaska, telling a federal judge a half dozen tribes challenging them fail to show that agencies did not take the required "hard look" at project impacts.

  • April 03, 2024

    Beekeeper Groups Seek Fees From EPA After 9th Circ. Appeal

    Attorneys for beekeeper groups in an appeal over a U.S. Environmental Protection Agency decision on insecticides have asked the Ninth Circuit to award nearly $750,000 in legal fees after a ruling that hammered the EPA but left the agency's decision intact.

  • April 03, 2024

    FCC Says Repeat 'Slammer' Can't Collect From Victim

    The Federal Communications Commission is once again ordering Clear Rate Communications to remove charges to a subscriber who the agency says was a victim of the telecom provider's "slamming," less than two months after issuing a similar finding against the company in February.

  • April 03, 2024

    UK Seeks To Share Country-Level Tax Reports, Official Says

    The U.K. government wants to allow low-income countries greater access to country-by-country reports of multinational corporations' tax data as a way to help them recover revenue that they're owed, a Cabinet official said Wednesday.

  • April 03, 2024

    Trump Ally Brings Ethics Query Over Judge's CNN Interview

    An ally of Donald Trump has raised ethics concerns about a senior D.C. federal judge, complaining that the judge's statements on CNN about the former president's statements about the judiciary was "highly prejudicial" toward Trump's four pending criminal cases.

  • April 03, 2024

    Pharma Exec, Cousin Cop To Insider Trading On Kodak Loan

    A pharmaceutical company's executive and his cousin on Wednesday pled guilty to trading on information they acquired through the company's partnership with Eastman Kodak Co. about a government loan the photography giant was set to receive during the COVID-19 pandemic.

  • April 03, 2024

    San Francisco Leaders Back Ax Of Public Camping Ban

    A coalition of San Francisco stakeholders has accused the city and California of overstepping their bounds in an amicus brief urging the U.S. Supreme Court to overturn an Oregon city's prohibition on camping in public spaces, discounting their "alarmist claims" that the ruling rendered jurisdictions powerless.

  • April 03, 2024

    Special Counsel Tells Judge Cannon To Rule On PRA Issue

    The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.

  • April 03, 2024

    FCC To Vote On Net Neutrality Plan At Late April Meeting

    The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.

  • April 02, 2024

    Judge Rides Denver Firm On Atty Fees In Elijah McClain Case

    A Colorado appellate judge pressed a Denver law firm Tuesday on how exactly it was entitled to millions of dollars in contingency fees in a high-profile civil rights suit after the mother of a slain man at the center of the civil rights case fired the firm before the case resulted in a $15 million settlement.

  • April 02, 2024

    DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban

    The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.

  • April 02, 2024

    DC Judge Grapples With Malice Claim In Nunes' WaPo Suit

    A D.C. federal judge on Tuesday questioned whether former California Rep. Devin Nunes had shown The Washington Post acted with actual malice in publishing a 2020 article that discussed the congressman, as the judge weighed the newspaper's bid for summary judgment in defamation litigation brought by Nunes.

  • April 02, 2024

    SEC Republicans Criticize 'Punishing' Rulemaking Agenda

    U.S. Securities and Exchange Commission Chair Gary Gensler opened an annual agency conference Tuesday by defending efforts to write new regulations addressing the changing U.S. capital markets, while his Republican colleagues called on the commission to pare back a "punishing" rulemaking agenda that has included a controversial rule governing climate change disclosures.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    Backlash To 3rd Circ. Nom Could Hamper More Muslim Picks

    Only two Muslims serve on the federal bench, well below the prevalence of people practicing the faith within the U.S., and the recent travails of a third picked to serve on the court might bode ill for adding more.

  • April 02, 2024

    Broadcasters Gear Up For FCC Fight Over 'Sidecar' Deals

    The Federal Communications Commission's recent effort to fine broadcast titan Nexstar more than $1 million over a "sidecar" arrangement with a New York TV station reflects tensions between the FCC and the industry over complex ownership deals going back years.

  • April 02, 2024

    3 Sentenced To Prison In Fla. Fake Nursing Diploma Case

    A Florida judge sentenced three people to federal prison time Tuesday after they were convicted for their roles in a multimillion-dollar fake nursing diploma scheme following a jury trial in December

  • April 02, 2024

    Biden Urged To Allow Undocumented Immigrants To Work

    Business leaders called Tuesday on President Joe Biden to use executive authority to extend work authorization to undocumented essential workers, an act they said was crucial after the Francis Scott Key Bridge collapse in Baltimore last week killed six immigrant workers.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • CFPB Overdraft Rule Could Mean Big Shift In Banking Biz

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    The Consumer Financial Protection Bureau has proposed "to close a longstanding loophole" in the Truth in Lending Act by changing how it regulates overdraft fees, but underneath the headline-grabbing proposal is a foundational shift in how the bureau views overdraft services, say attorneys at Katten.

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