Public Policy

  • February 21, 2024

    Mass. High Court Pick Challenged Over Past With Governor

    Massachusetts Gov. Maura Healey's pick for the state's highest court faced questions Wednesday about potential conflicts of interest arising from her past romantic relationship with the governor from members of the panel that votes to confirm judicial nominations in the state, a rare pushback by the Governor's Council.

  • February 21, 2024

    Pa. High Court Returns Insurer's Status Question To 3rd Circ.

    The Pennsylvania Supreme Court reversed its decision to consider whether a state-created insurer of last resort is a public or private entity, sending the case back to the Third Circuit on Wednesday after determining that the question was a matter of federal law.

  • February 21, 2024

    Patent Office Proposes Having More Attys Argue At The PTAB

    Federal patent officials are planning to increase the number of attorneys who can practice before the Patent Trial and Appeal Board, making a proposal to do things such as "designate non-registered practitioners who are recognized pro hac vice" as the legal head of a party in a proceeding.

  • February 21, 2024

    Inventor Group Loses Bid For Info From USPTO

    A D.C. federal judge has given the U.S. Patent and Trademark Office a win in a suit accusing it of flouting federal law by not adequately providing an inventor group with information it requested from the federal government relating to delegations of authority to various officials at the agency.

  • February 21, 2024

    FCC Commissioner To Meet With Indian Gov't On TikTok Ban

    FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.

  • February 21, 2024

    Ga. Urges Judge To Reject DOJ Bid To Join Voting Rights Suit

    Georgia officials want a Peach State federal court to reject the Biden administration's delayed attempt to join a lawsuit alleging a recent state election law discriminates against Black voters, arguing the move is driven by the government's concern about losing its own challenge to the state's voting rules.

  • February 21, 2024

    Developing Countries Favor Majority Voting At UN Tax Group

    The United Nations General Assembly's simple majority voting rules should continue to apply in a steering committee to draft rules, procedures and possibly goals for a framework convention on global tax cooperation, although governments should still pursue consensus, diplomats from many developing countries said Wednesday.

  • February 21, 2024

    FCC Considers Adding Missing Persons To Emergency Alerts

    The Federal Communications Commission plans to introduce a new code to the Emergency Alert System to allow information about missing or endangered persons to be widely disseminated.

  • February 21, 2024

    Calif. Bill Would Let AG Audit Private Equity Healthcare Deals

    California Attorney General Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have filed legislation that will give the state's AG oversight of private equity and hedge fund acquisitions of healthcare facilities, saying that private equity is causing soaring consumer costs.

  • February 21, 2024

    Green Groups Press FERC To Rescind Tenn. Pipeline Approval

    Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.

  • February 21, 2024

    IRS To Crack Down On Corp. Jet Travel Tax Compliance

    The Internal Revenue Service is going to begin conducting audits of three to four dozen corporations, partnerships and individuals this spring to crack down on improper business deductions and underreporting related to personal use of corporate jets, IRS Commissioner Daniel Werfel said Wednesday.

  • February 21, 2024

    Conn. Court Pauses Refund Plan For Ex-Nursing Students

    Over the objections of the Connecticut attorney general, a judge has temporarily halted a state agency's plan to refund some tuition money that students paid to the now-shuttered nursing school Stone Academy, siding with a proposed class of affected students who want to avoid waiving their legal rights in order to receive the payments.

  • February 21, 2024

    FCC Looks To Finalize 'All-In' Cable Pricing Disclosures

    The Federal Communications Commission plans to vote next month on controversial rules to require cable companies to post "all-in" prices on marketing materials and subscriber bills.

  • February 21, 2024

    1st Circ. Won't Revive $19M Casino Deal Suit Against Wynn

    The First Circuit affirmed the dismissal of a real estate executive's suit claiming Wynn Resorts reneged on a handshake deal to pay him $19 million for helping it obtain a casino license, pointing to an opinion from Massachusetts' top appellate court saying the agreement is unenforceable on public policy grounds.

  • February 21, 2024

    Police Immunity Hinges On Whether Silent Siren Led To Injury

    The Colorado Supreme Court has ruled that a police officer can be held liable if failure to use sirens or emergency lights while pursuing a suspect may have contributed to a person's injuries.

  • February 21, 2024

    AT&T Says Satellite Cell Coverage Must Rely On Leases

    The Federal Communications Commission will soon vote on new rules allowing satellite companies to use spectrum to beef up mobile connectivity, helping eliminate "dead zones."

  • February 21, 2024

    Sen. Whitehouse Slams Supreme Court Fact-Finding

    Sen. Sheldon Whitehouse, D-R.I., chair of the Senate Judiciary Committee's federal courts subpanel, blasted in a new law review article the U.S. Supreme Court's "improper" fact-finding under Chief Justice John Roberts.

  • February 21, 2024

    Texas Seeks Nonprofit Shutdown, Alleges Migrant Smuggling

    Texas' attorney general wants a court in El Paso County to shut down a Catholic nonprofit organization for allegedly denying the state immediate access to records to evaluate whether the organization was smuggling or harboring migrants, among other alleged legal violations.

  • February 21, 2024

    Commerce Can't Cite Wikipedia To Expand Duties, Court Says

    The U.S. Department of Commerce couldn't convince the U.S. Court of International Trade that Wikipedia articles supported its expansion of vertical engine tariffs, with a judge noting that U.S. courts have repeatedly rejected Wikipedia as a source.

  • February 21, 2024

    How Trump's Hush Money Trial Helps Or Hurts Jack Smith

    Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak."

  • February 21, 2024

    Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

    Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics."

  • February 21, 2024

    Calif. AG Settles With DoorDash Over Marketing Data Sale

    DoorDash will pay $375,000 to resolve the California attorney general's claims that the food delivery service violated the state's landmark consumer privacy law by failing to clearly inform users of their ability to opt out of the sale of their personal information to a marketing vendor, the agency announced Wednesday.

  • February 21, 2024

    House Leaders Create Bipartisan AI Task Force

    The House of Representatives is forming a bipartisan task force on artificial intelligence, with leaders in the lower chamber planning to explore ways to maintain America's lead on AI while considering "guardrails" for the technology.

  • February 21, 2024

    Ohio Justice Fights To Keep Election Label Rule Suit Alive

    Ohio Supreme Court Justice Jennifer Brunner pushed back against the Buckeye State secretary of state's bid to throw out her suit challenging a law requiring candidates for appellate judgeships to have their party affiliations on election ballots, arguing her constitutional rights had already been violated.

  • February 21, 2024

    White & Case Lateral Spree Includes SEC Atty, 2 M&A Leaders

    White & Case LLP said it has hired three notable lateral partners, adding a cryptocurrency and cybersecurity specialist from the U.S. Securities and Exchange Commission, as well as former practice heads within the mergers and acquisitions realm from Paul Hastings LLP and Hogan Lovells.

Expert Analysis

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • The State Of Play In NIL, Compensation For Student-Athletes

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    Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • SEC Registrants Likely Won't Get Cyber Disclosure Delays

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    The U.S. Securities and Exchange Commission's sweeping cybersecurity disclosure final rules, its SolarWinds enforcement action and recent U.S. Department of Justice guidance show the pressure is on registrants to disclose incidents timely and accurately, but the circumstances in which an extension will be granted are extremely rare, say attorneys at Pillsbury.

  • Following Banking Regulators' Breadcrumbs To 2024 Priorities

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    Through blog posts, speeches, and formal guidance and regulations, prudential and other federal and state financial regulators laid out a road map last year pointing to compliance priorities that should be reflected in financial institutions' planning this year, say Laurel Loomis Rimon and Gina Shabana at Jenner & Block.

  • Health Policy Legislative Landscape May Remain Frozen

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    With Congress again delaying the full resolution of fiscal year 2024 federal spending legislation, there is now an additional window in which Congress could work through several priority issues for healthcare stakeholders, though these issues are unlikely to be resolved in time, say attorneys at Faegre Drinker.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • New SDNY Whistleblower Program May Be A Game-Changer

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    A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Directors And Officers Face Unique AI-Related Risks

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    As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • The Questions Around Prometheum's SEC-Compliant Strategy

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    While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.

  • How Russia Sanctions Bills Could Reshape Asset Forfeiture

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    Several U.S. legislative proposals to seize billions in frozen Russian assets for post-war reconstruction of Ukraine would bypass traditional asset forfeiture guardrails, making it crucially important that practitioners remain vigilant and understand when to proactively engage with the government, say attorneys at Kasowitz.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

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