Public Policy

  • May 23, 2024

    Ill. Justices OK $28M Tax Value Appeal Without Payment

    A power company's property in Illinois was not required to pay disputed property taxes before appealing a valuation, the Illinois Supreme Court affirmed Thursday, upholding a reduction in the assessment of about $28 million.

  • May 23, 2024

    FERC Cements 1-Year Window For State, Tribal Water Permits

    The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

  • May 23, 2024

    NC GOP Wants 'Citizen-Only' Voting Question On Ballots

    North Carolina Republicans on Thursday pushed to amend the state constitution to clarify that only U.S. citizens may vote in the state.

  • May 23, 2024

    Enforcers Want To Know Where Roll-Ups Are Happening

    The Federal Trade Commission and U.S. Department of Justice are asking for help finding industries where serial acquisitions and roll-up strategies are being used, building on a probe of the healthcare sector launched earlier this year.

  • May 23, 2024

    Conn. To Expand Paid Sick Leave To Smaller Businesses

    More employees in Connecticut will soon become eligible for paid sick leave after the state's governor gave his blessing on a bill that expands the state's time-off requirements to include smaller businesses.

  • May 23, 2024

    Length A 'Red Herring' In Black Student's Hair Bias Case

    A Black Texas high school student claiming his Houston-area district is discriminating against him for wearing his hair in locs told a Galveston judge Thursday the district forces students to choose a religion if they want to style their hair outside the district's dress code, as he fought off multiple dismissal bids.

  • May 23, 2024

    Ga. Judge Says Disorderly Law 'Likely Survives' Challenge

    A federal judge has declined to grant a Georgia man's request to block enforcement of the disorderly conduct ordinance he was arrested under in 2021, finding the law "likely survives" a constitutional challenge to its alleged limits on free speech rights.

  • May 23, 2024

    Commerce Must Rethink German Steel Duties A 4th Time

    The U.S. Department of Commerce failed a third time to convince the trade court that its assessment of a German steel company's energy costs is correct, with the court ordering it to once again rethink duties on the company's exports.

  • May 23, 2024

    AT&T Stands To Gain Billions From 4.9 GHz, Report Says

    A group representing Verizon and T-Mobile is renewing its effort to stop AT&T-affiliate FirstNet from gaining further control of the 4.9 gigahertz public safety band, this time arguing that AT&T stands to gain over $3 billion worth of spectrum if the Federal Communications Commission extends FirstNet's authority.

  • May 23, 2024

    Senate Chairs Seek Info On Trump Meeting With Oil Cos.

    The chairs of the Senate's tax and budget committees said Thursday that they were investigating a meeting with former President Donald Trump, oil and energy companies, a trade association where Trump reportedly sought $1 billion in exchange for policy favors.

  • May 23, 2024

    Ex-Staffer Of Fulton DA Testifies On Fund Misuse Allegations

    A former program manager under Fulton County District Attorney Fani Willis told a Georgia state legislative committee Thursday that she was banished to a file room and her work life was made a "hell" after she reported alleged misuse of federal grant funds.

  • May 23, 2024

    Biden Renominates NLRB Chair, Taps Republican For Vacancy

    President Joe Biden on Thursday announced he intends to renominate Lauren McFerran to continue serving as chair of the National Labor Relations Board, while also tapping a Seyfarth Shaw LLP partner to fill a long-vacant Republican seat on the board.

  • May 23, 2024

    Man Behind NH Primary Deepfake Faces Charges, FCC Fines

    The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.

  • May 23, 2024

    DOL Says 11th Circ. 'Alone' In ERISA Internal Remedy Stance

    The U.S. Department of Labor urged the Eleventh Circuit to reinstate a lawsuit from former seafood company workers who claimed their employee stock ownership plan was overcharged in a $92 million deal, saying they didn't jump the gun by suing instead of pursuing claims internally.

  • May 23, 2024

    Trump Loses 2 NY Criminal Appeals As Trial Winds Down

    Former President Donald Trump on Thursday lost a pair of appellate challenges complaining that both the judge and jury in his ongoing New York criminal hush-money trial are biased, just a few days before closing statements in the historic case.

  • May 23, 2024

    NC Justices Scrap Defamation Suit Against Holtzman Vogel

    Holtzman Vogel Baran Torchinsky & Josefiak PLLC is immune from defamation claims stemming from election protests the law firm helped file in 2016, the North Carolina Supreme Court ruled Thursday, rejecting what the justices characterized as a "baseless attempt" by voters to "constrict the absolute privilege's protections."

  • May 23, 2024

    Menendez Says Feds Can't Wield Texts About Egyptian Aid

    U.S. Sen. Robert Menendez told a federal court that the government can't support its corruption case with text messages involving military aid to Egypt and a local businessman accused of bribing the senator, citing U.S. Supreme Court precedent excluding past legislative acts as admissible evidence.

  • May 23, 2024

    House Passes Bill To Block Fed-Issued Digital Dollar

    The U.S. House of Representatives on Thursday passed a bill that would prohibit the Federal Reserve from issuing a digital dollar in a vote that fell starkly along party lines, with Democrats decrying the bill as fearmongering over privacy concerns and a departure from the previous day's bipartisan passage of a regulatory framework for digital assets.

  • May 23, 2024

    Senate Democrats Join GOP To Kill Bipartisan Border Bill

    The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.

  • May 23, 2024

    NYC Mayor And Assault Accuser Spar Over Discovery 'Theatrics'

    The first conference in a lawsuit alleging New York City Mayor Eric Adams sexually assaulted a Police Department colleague in 1991 grew heated Thursday, as attorneys on both sides accused the others of improper discovery gambits.

  • May 23, 2024

    Biden Names Judicial Nominees For 1st, 6th Circuits

    President Joe Biden announced four new judicial nominees on Thursday, including picks for the First Circuit and the Sixth Circuit.

  • May 23, 2024

    Oakland Coliseum Sold To Black-Led Biz Group For $105M

    The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.

  • May 23, 2024

    EU Flags Nations For Shortcomings On Pillar 2, Exchange Law

    The European Commission said Thursday that six European Union countries still have failed to implement the global minimum tax for large companies, and it noted that an additional three aren't properly implementing an information exchange law.

  • May 23, 2024

    Commission Paves Way For Duties On Brass Rod Imports

    The U.S. International Trade Commission ruled 3-1 that imported brass rods, used in cell tower networks and military braking systems, has been economically harming the domestic market.

  • May 23, 2024

    Yellen Opposes Global Redistribution Of Billionaires' Wealth

    U.S. Treasury Secretary Janet Yellen repeated Thursday that she opposes a global minimum tax on billionaires and added that she does not support basing a redistribution of the revenue from such a tax on damage from climate change and related financing needs.

Expert Analysis

  • Key Takeaways From FDA Final Rule On Lab-Developed Tests

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    Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.

  • A Look At New IRS Rules For Domestically Controlled REITs

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    The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.

  • 7 Effects Of DOL Retirement Asset Manager Exemption Rule

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    The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.

  • 4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule

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    If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.

  • What Lies Behind Diverging US And UK Insolvency Trends

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    Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.

  • Liquidity Risk Management Tops NCUA Exam Priorities

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    As credit unions map their regulatory initiatives and audit plans, they should look to the National Credit Union Administration’s annual supervisory priorities, which include five important examination areas, including liquidity management and interest rate risk, say Juan Arciniegas and Judy Chen at Chapman and Cutler.

  • Protecting IP May Be Tricky Without Noncompetes

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    Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.

  • Regulating Resurrected Species Under The ESA

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    As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

  • How FTC's Noncompete Rule May Affect Exec Comp Packages

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    In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.

  • Action Steps To Address New Restrictions On Outbound Data

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    Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • CFPB Reality Check: Video Game Cash Is Still Money

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    The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

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