Public Policy

  • November 27, 2023

    What's Next For Labor Enforcement After DOJ Punts Case?

    The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.

  • November 27, 2023

    Ex-Conn. GOP Press Aide Can't Sue Over Job Loss, Court Told

    A former spokesperson for Connecticut's Republican lawmakers failed to follow the necessary process to sue her ex-employer for allegedly pushing her to leave her job, the state argued Monday in asking a superior court judge to dismiss allegations of constructive discharge.

  • November 27, 2023

    Indian Glycine Co.'s Waffling Justifies Penalty Duties

    The U.S. Court of International Trade stood by the penalty tariffs the U.S. Department of Commerce issued to an Indian glycine producer that offered officials contradictory evidence on whether it had ties with other glycine companies in India.

  • November 27, 2023

    Sentencing Guidelines Boosted For Atty In Pot Bribe Case

    An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more. 

  • November 27, 2023

    Pa. Murderer Can't Sue Doctors For Psychiatric Malpractice

    A convicted quadruple murderer who killed and buried four people on his Pennsylvania property can't sue his doctors for medical malpractice for their allegedly negligent psychiatric treatment because of a state law prohibiting criminals from benefiting from their crimes, the state Supreme Court has ruled.

  • November 27, 2023

    NY Pot Regulators Will Settle Suits That Stalled Licensure

    New York cannabis regulators on Monday approved a resolution to settle two lawsuits challenging the state's marijuana retail licensing program, including one that has hobbled the state's effort to award licenses to those with past convictions and has left hundreds of entrepreneurs in limbo.

  • November 27, 2023

    Pa. Court Won't Revisit School District's Tax Appeal Policy

    After ruling that a school district unevenly targeted high-value properties for assessment appeals and violated Pennsylvania's uniformity clause, the state's Commonwealth Court won't reconsider the case, it said in an order Monday.

  • November 27, 2023

    Ind. Historic Farm Property Mostly Tax-Exempt, Board Says

    A 50-acre farm in Indiana used to showcase historic buildings and agricultural tools qualifies for a property tax exemption, the state's tax board said in a determination published Monday, but a section used to raise livestock is still taxable.

  • November 27, 2023

    Justice Kagan Denies Stay In Ariz. VRA Privilege Dispute

    U.S. Supreme Court Justice Elena Kagan on Monday denied a request by two of Arizona's top Republican lawmakers seeking to stay a discovery order compelling them to produce their communications and documentation in an ongoing Voting Rights Act case.

  • November 27, 2023

    Biden Rips Bill Barring Federal Land Use For Immigrants

    The White House said Monday that the Biden administration "strongly opposes" a new bill proposed by Republican lawmakers that would bar the government from using federal funds to provide temporary housing to asylum-seekers and other immigrants in national parks and on other federal lands.

  • November 27, 2023

    Cemetery Board Urges NC Panel To Affirm Land Sale Ruling

    A state regulatory board has asked the North Carolina state appeals court not to undo a lower court ruling preventing the operator of two cemeteries from sectioning off unused land for a potential sale, saying she is trying to turn state law governing cemetery use on its head.

  • November 27, 2023

    Defense And Judicial Posts Top Schumer's Year-End Priorities

    Breaking through the hold on military promotions and continuing to confirm judicial nominees will be among the top priorities for the Senate for the rest of the year, Senate Majority Leader Chuck Schumer, D-N.Y., said.

  • November 27, 2023

    Trump Downplays NY Judge's Safety Risk After Threats

    Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.

  • November 27, 2023

    Binance Founder Can't Yet Return To UAE Amid Bail Dispute

    A Seattle federal judge has temporarily barred Changpeng Zhao, the founder of the embattled cryptocurrency exchange Binance, from returning to his home in the United Arab Emirates while the court considers bail conditions imposed by a magistrate judge.

  • November 27, 2023

    Commerce Tees Up Duties On Steel Shelves From 4 Countries

    The U.S. Department of Commerce has imposed preliminary anti-dumping duties on boltless steel shelving from Malaysia, Taiwan, Thailand and Vietnam, slapping rates of between 78% and 225% on several producers the agency deemed uncooperative with its investigations.

  • November 27, 2023

    Washington Gets $1.5M Grant For Indigenous Cold Case Work

    A $1.5 million federal grant will boost the work of a task force unit Washington state formed to help identify and investigate cold cases involving Indigenous people, according to Attorney General Bob Ferguson.

  • November 27, 2023

    Dems' Victory Lap: Michigan's Biggest Legislation Of 2023

    Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.

  • November 27, 2023

    COVERAGE RECAP: Day 34 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 34:

  • November 26, 2023

    US Loses Latest Trade Spat Over Canadian Dairy Quotas

    A split arbitration panel came down on Canada's side regarding its limits on dairy imports in the second trade dispute launched by the U.S., handing the U.S. a disappointment following its previous victory against the quota system.

  • November 22, 2023

    Binance Founder Poses 'Serious Risk Of Flight,' DOJ Says

    One day after Binance founder Changpeng Zhao pled guilty to failing to maintain an effective anti-money laundering program at the cryptocurrency exchange, prosecutors told a Seattle federal judge Wednesday that Zhao "poses a serious risk of flight" and should remain in the country ahead of his February sentencing.

  • November 22, 2023

    Okla. Rep. Seeks To Cut Off Federal Abortion Assistance

    An Oklahoma congressman introduced two bills seeking to block the federal government from facilitating and funding abortions nationwide for certain immigrant minors and Medicaid recipients.

  • November 22, 2023

    5th Circ. Gives Refineries A Shot At Fuel Program Exemption

    A split Fifth Circuit on Wednesday vacated and remanded six refineries' challenges to a U.S. Environmental Protection Agency decision denying them a hardship exemption from a renewable fuel program, saying the denial was "impermissibly retroactive" and contrary to law, running afoul of the Administrative Procedure Act.

  • November 22, 2023

    Wash. Tribe's Recognition Bids Waste Court's Time, Feds Say

    U.S. Secretary of the Interior Deb Haaland is urging a D.C. District court to dismiss a fourth bid from a Washington tribe seeking to vacate an order denying it federal recognition, saying its motion for relief "only reinforces the frivolous, repetitive and unfounded nature of their oft-denied claims."

  • November 22, 2023

    Nicaragua-Bound Flight Operators Face US Visa Restrictions

    The U.S. State Department announced visa sanctions aimed at owners and operators of charter companies flying migrants to Nicaragua who hope to use the country as a steppingstone to enter the U.S., saying the flights were setting migrants up for dangerous treks to the U.S. border.

  • November 22, 2023

    Boston Faces Default In Shooting As Nixon Peabody Steps In

    The mother of a mentally ill Black man who was shot to death by Boston police after she called 911 to get him help in 2016 asked a judge Wednesday to enter a default judgment against the city, now represented by Nixon Peabody, after years of what the judge has already characterized as the city "slow walking" its discovery obligations.

Expert Analysis

  • Opinion

    Alternative Patents Would Solve Many Inventor Woes

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    A fundamental reform that gives inventors the option of alternative patents tailored to the value of an invention offers a potential solution for resolving patent-system problems, says John Powers of The Powers IP Law Firm.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.

  • Parsing Maryland's Earned Wage Access Products Guidance

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    The Maryland Office of Financial Regulation's new guidance on earned wage access products intended to provide clarity under the state's law may be confusing, but ultimately means one thing — you are either the employer's service provider helping offer an employee benefit, or you are not and therefore considered a lender, say attorneys at Greenberg Traurig.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A

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    Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.

  • FDA Proposals Clarify Rules For Devices With Predicates

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    As medical devices continue to grow in complexity, U.S. Food and Drug Administration policies surrounding premarket submissions for devices with existing predicates have fallen behind, but new draft guidances from the agency help fill in some gaps, say attorneys at Hogan Lovells.

  • Key Terms Of European Hydrogen Bank's 2023 Pilot Auction

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    The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • What To Watch As The FCC Leans Into National Security

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    Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.

  • What US Cos. Should Know About ESG Directives In The EU

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    Even if U.S. companies don't fall directly within the scope of the EU's directives requiring corporate reporting on human rights and environmental impacts, which will likely be fully enacted next year, they may still be implicated if they are part of an EU business's value chain, so U.S. companies should undertake proactive steps to gain a competitive advantage, say attorneys at DLA Piper.

  • Reconstruction-Era Laws Show Jan. 6 Cases Are Not Political

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    The renewed use of Reconstruction-era laws in indictments stemming from the Jan. 6 insurrection demonstrates that these statutes serve as a bulwark against erosion of the federal system, and provides a counterpoint to the public accusations that certain prosecutions are politically motivated, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • FTC, DOL Collab Marks New Labor Market Enforcement Era

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    The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.

  • How To Advertise Carbon Reductions Under New Calif. Law

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    As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Mass. Bill May Alter Deals Involving Both Goods And Services

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    Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.

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