Public Policy

  • May 20, 2024

    Pa. Rehab Center Worker's Firing Suit Filed Too Late

    A Pennsylvania appeals panel won't reinstate a wrongful termination suit by a former rehabilitation center worker who says she was wrongly fired for using medical cannabis, rejecting her argument that her claims should be subject to a six-year statute of limitations instead of two years.

  • May 20, 2024

    Wy. Tribe Secures Nearly $9.2M For Wastewater Infrastructure

    The Northern Arapaho Business Council said it has been awarded a nearly $9.2 million federal grant aimed at improving a wastewater system known as the Beaver Creek Lagoon that serves the Beaver Creek housing development and Wind River Hotel & Casino.

  • May 20, 2024

    Menendez Texts With Wife A Legislative Promise, Judge Says

    Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.

  • May 20, 2024

    Trump Tax Cut Architect Joins Akin Lobbying Group In DC

    Akin Gump Strauss Hauer & Feld LLP has brought aboard a former House Ways and Means Committee chairman and sponsor of the Tax Cuts and Jobs Act of 2017 as a senior policy consultant to help boost the firm's Washington, D.C., lobbying and public policy practice, the firm announced Monday.

  • May 20, 2024

    Senate Banking Chair Calls For 'New Leadership' At FDIC

    Sen. Sherrod Brown, D-Ohio, chairman of the Senate banking committee, called Monday for Martin Gruenberg to be replaced as head of the Federal Deposit Insurance Corp., saying the agency needs "new leadership" to recover from its toxic workplace scandal.

  • May 20, 2024

    Pa. Federal District Judge Gene Pratter Dead At 75

    U.S. District Judge Gene E.K. Pratter, who joined the bench in the Eastern District of Pennsylvania in 2004 and presided over several landmark cases, died Friday at the age of 75, according to a statement from the court.

  • May 17, 2024

    TikTok, Feds Ask DC Circ. To Fast-Track Potential Ban Row

    TikTok, a group of its creators and the U.S. Department of Justice on Friday all asked the D.C. Circuit to fast-track challenges to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company.

  • May 17, 2024

    Meet The Attys Fighting Efforts To Ban TikTok

    Facing a potential federal ban, TikTok and creators on the platform have tapped a bevy of BigLaw heavyweights, including attorneys who have successfully led challenges to prior moves to shut down the popular social media platform and limit children's online activities, as well as a pair of litigators who've argued dozens of cases before the U.S. Supreme Court. 

  • May 17, 2024

    Calif. OKs Rule For Judges To Work Remotely In Civil Cases

    California's Judicial Council on Friday approved a new rule of court to allow judges to preside remotely under limited circumstances over civil proceedings from a location other than a courtroom.

  • May 17, 2024

    Apple OK'd New App Fees Despite Antitrust Ruling

    An Apple Inc. executive conceded during a high-stakes antitrust hearing Friday over Apple's compliance with a court-ordered ban on App Store anti-steering rules that executives decided to implement a new 27% fee on out-of-app transactions despite knowing a jury had recently found that similar Google fees violated antitrust laws.

  • May 17, 2024

    Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit

    The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.

  • May 17, 2024

    FCC Asked To Clarify PEG Capital Costs Aren't Franchise Fees

    Cities want the Federal Communications Commission to make clear in a new rule requiring "all-in" cable pricing disclosures that capital costs involved in public and educational channels don't fall under the definition of franchise fees.

  • May 17, 2024

    SD Gov. Says Cartels Operating On Tribal Lands Across US

    South Dakota Gov. Kristi Noem told reporters Friday that drug cartels are operating on tribal lands, not only in her state, but in Indigenous communities throughout the country, calling for seven of the state's nine tribes that have banned her to banish the illegal operations she described instead.

  • May 17, 2024

    Colo. Precedent Barred Insurer's Crash Liability Challenge

    A Colorado state appeals court affirmed a lower court's finding that a Progressive unit couldn't contest liability in its policyholder's car crash case involving an uninsured driver, saying the lower court correctly applied binding Colorado Supreme Court precedent.

  • May 17, 2024

    Crypto Cos. Take SEC Cases To The Court Of Public Sentiment

    Mounting tension between the U.S. Securities and Exchange Commission and the cryptocurrency industry has led companies dealing in digital assets to toss the long-held practice of keeping notices of potential enforcement quiet and wear them as a badge of honor in the hopes of currying public favor.

  • May 17, 2024

    Judge Rails At Attys' Failure To Prep For Evasion Case Queries

    A U.S. Court of International Trade judge lambasted the government's counsel during oral arguments Friday in a Cambodian pipe company's suit over a tariff evasion probe for failing to answer her questions, even with time to prepare.

  • May 17, 2024

    DC Circ. Probes Carbon Capture In LNG Approval Challenge

    The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.

  • May 17, 2024

    How A $3K Pro Se Claim Led To A 9-0 High Court Decision

    A milestone victory at the U.S. Supreme Court for $3,000 in wages started with a Pentagon worker’s principled commitment to his employer — a dedication that ironically led to a decadelong fight against his own bosses. Stuart R. Harrow and his attorneys speak to Law360 about how a seemingly low-stakes conflict turned into a high-profile case with reverberations for hundreds of federal employees.

  • May 17, 2024

    Patent Office Gets Another Earful About 'March-In' Plan

    Industry groups of all stripes have lined up at the U.S. Patent and Trademark Office to complain yet again about a Biden administration proposal from last year to potentially use "march-in" rights and seize pharmaceutical patents using the Bayh-Dole Act.

  • May 17, 2024

    Zero Duty Doesn't Address Exporter's Benefits, Calif. Biz Says

    A juice wholesaler's attorney argued Friday that the U.S. Department of Commerce ignored the relationship between a Brazilian lemon juice exporter and its supplier, while calling for higher duties to account for benefits the Brazilian company may have received.

  • May 17, 2024

    Home Distillers Tell Feds Ban Fails Under Spirit Of The Law

    The Hobby Distillers Association said the federal government is exceeding its constitutional powers and treading on states' rights by banning homemade liquor under its taxing authority, as the group laid out its position Friday at the request of a Texas federal judge.

  • May 17, 2024

    Crypto Firms Back FIT 21 Legislation Ahead Of House Vote

    The advocacy group Crypto Council for Innovation gathered 60 industry signatories for a Friday letter to House leaders expressing support for an anticipated vote on a framework to regulate digital assets.

  • May 17, 2024

    Chicago Wants Climate Deception Claims Back In State Court

    The city of Chicago says it should be in state court hashing out climate change deception claims against several of the nation's largest oil producers because the companies lodged "objectively baseless" arguments to remove its case to federal court.

  • May 17, 2024

    Broadband Advocates Decry Delays On Senate Spectrum Bill

    Broadband advocates who work on fixing the "digital divide" said they are dismayed the U.S. Senate Commerce Committee again delayed a markup Thursday to advance legislation renewing the soon-to-expire Affordable Connectivity Program.

  • May 17, 2024

    Inside The New Legal Push To End Calif.'s Death Penalty

    In a first-of-its-kind case in the Golden State, the California Supreme Court is being asked to permanently dismantle the nation’s most populous death row on grounds that capital punishment has been administered in a racially discriminatory manner that disproportionately harms people of color.

Expert Analysis

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

  • How CFPB Credit Card Rules Slot Into Broader Considerations

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    Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.

  • 4 Takeaways From Biden's Crypto Mining Divestment Order

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    A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.

  • Perspectives

    Public Interest Attorneys Are Key To Preserving Voting Rights

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    Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.

  • Car Apps, Abuse Survivor Safety And The FCC: Key Questions

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    A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.

  • Novel Applications May Fizzle After Fed Master Account Wins

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    Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

  • NY's Vision For Grid Of The Future: Flexible, Open, Affordable

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    Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.

  • FTC Noncompete Rule's Impact On Healthcare Nonprofits

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    Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.

  • Businesses Should Take Their AI Contracts Off Auto-Renew

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    When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

  • Global Bribery Probes Are Complicating FCPA Compliance

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    The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.

  • Airlines Must Prepare For State AG Investigations

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    A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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