Public Policy

  • December 06, 2023

    FCC Inks Privacy, Data Security MOUs With 4 States

    The Federal Communications Commission announced Wednesday it has signed agreements with four states to jointly pursue privacy, data protection and cybersecurity enforcement.

  • December 06, 2023

    Feds Can't Justify Gas Pipeline Safety Rules, DC Circ. Hears

    A gas pipeline industry group called on the D.C. Circuit to unravel a handful of new safety standards for transmission pipelines, arguing that the U.S. Department of Transportation failed to craft reasonable standards that adequately weighed the benefits against the costs of compliance.

  • December 06, 2023

    LA, Calif. Gun Policies Violate 2nd Amendment, Groups Say

    Gun groups and owners are suing the Los Angeles County Sheriff's Department and the La Verne Police Department, alleging their concealed carry weapons permit regimes violate the Second Amendment through excessive wait times, fees, and a required psychological examination.

  • December 06, 2023

    AG Paxton Accuses Feds Of Censoring Right-Wing Media

    Texas and two right-leaning media outlets have accused the U.S. Department of State of suppressing news content disfavored by the government, writing that the alleged state-funded censorship is "one of the most audacious, manipulative, secretive, and gravest abuses of power" in the country's history.

  • December 06, 2023

    6th Circ. Asks How Doctors Can Fight HHS Trans Statute

    The Sixth Circuit on Wednesday wondered what a group of physicians must do to prove they can challenge the U.S. Department of Health and Human Services' potential enforcement of a statute that, under the government's interpretation, would prohibit federally funded health programs from discriminating against transgender individuals based on their sex.

  • December 06, 2023

    New York MTA Board Approves Congestion Pricing Tolls

    The board of New York's Metropolitan Transportation Authority on Wednesday approved new tolls under a controversial first-in-the-nation plan to charge all drivers entering midtown Manhattan a fee ranging from $15 for passenger vehicles to over $24 for trucks.

  • December 06, 2023

    HHS Offers Plan To Bolster Hospital Defenses In Cyberattacks

    The Centers for Medicare and Medicaid Services will propose new cybersecurity requirements for hospitals in an effort to implement greater accountability in the healthcare industry, the federal government announced Wednesday.

  • December 06, 2023

    Sen. Wyden Asks DOJ About Push Notification Surveillance

    Sen. Ron Wyden, D-Ore., is calling for more transparency from Google and Apple on push notification surveillance requests, saying in a letter to the U.S. Department of Justice on Wednesday that foreign governments have been requesting records of the notifications from the smartphone makers.

  • December 06, 2023

    Mobile Industry Group Calls FCC Robotext Plan 'Ill-Suited'

    A mobile industry group criticized the Federal Communications Commission's plan for a raft of new regulations to fight junk texts, saying it mirrors robocall rules that are ill-suited for dealing with unwanted texts.

  • December 06, 2023

    Trump's NY Gag Appeal Claims Laughable, Judge's Atty Says

    The New York state trial court that hit Donald Trump with gag orders in his civil fraud case defended those decisions Wednesday in an appellate filing, calling Trump's alleged free speech injuries "risible" compared to the potential harm to court staff.

  • December 06, 2023

    States Seek To Void CWA's Expanded Permit Powers Rule

    Eleven states and three industry groups are challenging a Clean Water Act rule revision that allows states and tribes to block projects over potential impacts on water resources, saying it increases their environmental agencies' workloads and forces them to defend in court why they didn't consider every potential hazard.

  • December 06, 2023

    Fla. Justices Mixed On DeSantis' Suspension Of Prosecutor

    Florida justices appeared divided Wednesday over whether the state's highest court was the right place to hash out a politically charged dispute over Gov. Ron DeSantis' suspension of elected state prosecutor Monique Worrell for neglect of duty.

  • December 06, 2023

    9th Circ. Won't Reconsider Upholding EPA Pesticide Approval

    The Ninth Circuit has declined to reconsider a split panel decision that slammed, but did not vacate, the U.S. Environmental Protection Agency's approval of the insecticide sulfoxaflor, rejecting beekeepers' and environmentalists' stance that the appeals court must take that extra step.

  • December 06, 2023

    Fox Rothschild Seeks To Drop Solar Co. Targeted By State AG

    Fox Rothschild LLP has moved to withdraw from representing a solar company accused of unfair trade practices by the Connecticut attorney general's office by citing a professional conduct rule that can apply, among other things, to withdrawals involving a case's financial burden or a client's repugnant activities.

  • December 06, 2023

    NC's Latest Voter Map Is Racially Gerrymandered, Suit Says

    More than a dozen Black and Latino voters in North Carolina have filed a federal lawsuit challenging the constitutionality of its recently redrawn congressional map following a blockbuster decision by the state's top court earlier this year giving lawmakers a blank slate from which to rework the districts.

  • December 06, 2023

    Senate Push On Bill Mandating AM Radio In Cars Falls Short

    A bipartisan group of lawmakers attempted this week to quickly clear through the Senate a bill that would ensure AM radios remain in cars, but the effort was blocked by Sen. Rand Paul, R-Ky.

  • December 06, 2023

    Receiver Appointed In Calif. Dispensary Contract Dispute

    A Los Angeles judge has appointed a receiver to take over operations of a dispensary at the center of a suit by the dispensary's owner alleging that former executive Vincent Mehdizadeh had exploited a coveted social equity license and sought to take over the business.

  • December 06, 2023

    Groups Renew Fight To Block Willow Construction At 9th Circ.

    The Sovereign Iñupiat for a Living Arctic and conservation allies are urging the Ninth Circuit to block winter construction on the Willow oil and gas project on Alaska's North Slope as the court considers their appeal of a ruling upholding Bureau of Land Management approvals for the controversial energy development.

  • December 06, 2023

    Judge Backs Due Process Claim In Asylum Bond Hearing Suit

    A Washington federal judge refused to toss a class of asylum-seekers' claim that the U.S. government unconstitutionally deprived them of bond hearings, rejecting the government's contention that a U.S. Supreme Court ruling barred them from lodging their due process claim.

  • December 05, 2023

    SEC Chair Warns Businesses Against AI Washing: 'Don't Do It'

    U.S. Securities and Exchange Commission Chair Gary Gensler on Tuesday cautioned business owners not to "AI wash," or mislead investors as to their true artificial intelligence capabilities, comparing the practice to "greenwashing" and saying that securities laws require "full, fair and truthful disclosure."

  • December 05, 2023

    Big Bank CEOs Bemoan Basel III Ahead Of Senate Grilling

    Chief executives of some of the nation's biggest banks will be sounding the alarm about proposed capital requirement hikes when senators question them on Capitol Hill on Wednesday, with JPMorgan's Jamie Dimon warning of dire potential consequences that will "fundamentally alter the U.S. economy."

  • December 05, 2023

    Denver City Atty's Office Agrees To End Race Bias Case

    The Denver City Attorney's Office struck a deal to end a lawsuit by two Black women who alleged they were paid less based on their race and discriminated against while the city's previous top lawyer failed to properly discipline attorneys' racist behavior, according to a filing Tuesday in Colorado federal court.

  • December 05, 2023

    Texas Sued By Pregnant Woman Seeking Abortion Care

    A Texas woman who says she is suffering pregnancy complications sued the Lone Star State on Tuesday seeking to block its abortion bans, so she may terminate a nonviable fetus, in what an advocacy group believes is a first-of-its-kind case since the U.S. Supreme Court decided Roe v. Wade in 1973.

  • December 05, 2023

    Trump's Broker & Club Member Touts Mar-A-Lago's $1B Value

    A Florida real estate broker and member of Donald Trump's Mar-a-Lago club took the stand Tuesday in New York state court to defend the former president's valuation of the property, saying it was worth more than $1 billion based on his billions in sales experience and "gut" feelings.

  • December 05, 2023

    Trump Won't Get Another Shot At $475M CNN Defamation Suit

    A Florida federal judge said Tuesday that he won't be reconsidering his decision to throw out former President Donald Trump's $475 million defamation suit against CNN, ruling that he hasn't pointed to any clear or obvious errors in the dismissal order.

Expert Analysis

  • 1 Year In, Money Laundering Law Tweak May Have Big Impact

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    Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.

  • Steps Toward A Unified Health Financing System For Calif.

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    A new law authorizes the secretary of the California Health and Human Services Agency to move forward with designing a unified healthcare financing system, though the notable absence of healthcare payers in the law's list of specified stakeholders raises questions about the state's position regarding private payer options, says Ima Nsien at Squire Patton.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Overcoming IP Portfolio Challenges Amid Higher Patent Fees

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    As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • Why NYC Building Owners Shouldn't Ignore Emissions Rule

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    New rules from the New York City Department of Buildings clarify the previously vague good faith efforts that building owners may make to mitigate penalties for not complying with a major carbon emission law that takes effect in January, and should discourage owners from simply paying the fines instead of decarbonizing, says William McCracken at Moritt Hock.

  • FCC Notice Of Inquiry Highlights AI Robocall Concerns

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    The Federal Communications Commission recently released a notice of inquiry seeking comment on the implications of emerging artificial intelligence technologies on robocalls and robotexts, raising questions around its authority to address AI under the Telephone Consumer Protection Act, say Aaron Weiss and Samantha Goldstein at Carlton Fields.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

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    The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

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