Public Policy

  • April 12, 2024

    Florida Loses Bid To Retain Control Of CWA Permit Program

    A D.C. federal judge on Friday rejected Florida's bid to retain some control over a Clean Water Act permitting program that he recently found was improperly handed off to the state by the U.S. Environmental Protection Agency.

  • April 12, 2024

    Asbury Park Escapes Pot Co.'s Zoning Board Conspiracy Suit

    A New Jersey federal court has dismissed a medical cannabis company's suit alleging Asbury Park and its zoning board conspired with a rival to block it from operating a treatment center, saying the complaint fails to support its allegations of the scheme.

  • April 12, 2024

    Justices Limit Shareholder Suits Over Corporate Disclosures

    A unanimous U.S. Supreme Court on Friday ruled that a corporation's failure to disclose certain information about its future business risks, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim.

  • April 12, 2024

    Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box

    As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."

  • April 11, 2024

    Proposed BIPA Penalty Reforms Advance In Ill. Legislature

    The Illinois Senate on Thursday passed legislation that would update the Biometric Information Privacy Act as well as tweak its liability guidelines, a clarification that proponents say is needed to protect businesses from costly, frivolous litigation.

  • April 11, 2024

    CFPB Says Credit Card Shares Disqualifying In 5th Circ. Case

    The Consumer Financial Protection Bureau sparred Thursday with a coalition of trade groups over recusal standards in their Fifth Circuit lawsuit challenging the agency's new $8 credit card late fee rule, arguing that a judge's ownership of stock in a major card-issuing bank ought to be disqualifying in itself.

  • April 11, 2024

    Judge Tells USPTO To Hand Over 'Expanded' Panels List

    A Virginia federal judge has ordered the U.S. Patent and Trademark Office to hand over a list the agency once made of how many Patent Trial and Appeal Board proceedings went before "expanded" panels, a practice that has since been abandoned.

  • April 11, 2024

    FTC's Bedoya Looking For Market Power In Pricing Cases

    Federal Trade Commissioner Alvaro Bedoya said Thursday he is most interested in bringing potential cases under the Robinson Patman Act when a company is using its market power to gain an unfair advantage over smaller rivals.

  • April 11, 2024

    Auto Tech Group Floats Bill To End Abusers' Car Access

    An auto technology group is pressing Congress to pass legislation that would make it easier for domestic violence survivors to cut off abusers' access to vehicles that use advanced wireless connectivity and could be used to track abused partners.

  • April 11, 2024

    FCC Says Satellite Co.'s Dispute With Backer Belongs In Court

    The Federal Communications Commission on Thursday told a satellite company and its financial backer to take their squabble over a withdrawn enforcement petition to court, rejecting BIU LLC's bid to reopen an administrative proceeding first prompted by Spectrum Five.

  • April 11, 2024

    Leonard Leo Rebuffs Senate Judiciary Committee Subpoena

    Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.

  • April 11, 2024

    ND Tribe Banishes SD Gov. After Racially Charged Remarks

    A North Dakota tribe has joined two South Dakota Lakota nations in voting to banish South Dakota Gov. Kristi Noem from their reservation lands after accusing her of making racially charged public comments about drug cartels allegedly operating on reservations in the state and about Native American parents.

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Race Bias Used To Form New Fla. Senate Districts, Voters Say

    A group of Tampa-area residents has filed a federal lawsuit challenging the validity of a state Senate district map, claiming Florida officials wrongly used race as a factor to redraw two districts and diminished the ability of Black voters to elect representatives of their choice.

  • April 11, 2024

    Price-Fixing Cartel Self Reporting On 'Steady Uptick,' Panel Says

    U.S. and European antitrust enforcers touted a turnaround Thursday in the number of companies self-reporting price-fixing, bid-rigging and market allocation schemes in the search for "leniency" from financial and criminal penalties over the last three years.

  • April 11, 2024

    Judge Calls Out Colo. For Limiting Prisoner Calls With Attys

    A Colorado state judge on Thursday said the state's prisons seemed to be imposing "draconian" limits on virtual calls between prisoners and their lawyers, telling officials to figure out how to do more for those seeking to join a proposed class action accusing the state of using them for slave labor.

  • April 11, 2024

    Shops Fight Altria Unit's Bid To Block Flavored Vape Sales

    A group of smoke shops urged a California federal judge to reject a bid by vape manufacturer NJOY, a subsidiary of tobacco giant Altria Group, Inc., seeking to block the retailers from selling Elf Bar branded flavored vapes, arguing that consumers won't flock to NJOY's tobacco flavored products even if Elf Bar is off the market.

  • April 11, 2024

    Prosecutor Named In Ga. Lt. Gov. 2020 Fake Elector Probe

    Nearly two years after a judge disqualified Fulton County District Attorney Fani Willis from investigating Georgia Lieutenant Gov. Burt Jones over his alleged role in helping former President Donald Trump overturn the state's 2020 presidential election, a state prosecutor has been appointed to handle the case.

  • April 11, 2024

    FTC 'Hopeful' Merger Judges Can See Past Market Definition

    The Federal Trade Commission's top antitrust enforcer emphasized Thursday that the FTC and Justice Department's new merger guidelines could facilitate transaction challenges based solely on "direct" competitive effects, regardless of what market definition numbers indicate.

  • April 11, 2024

    Iowa Makes Illegal U.S. Reentry A State Crime

    Iowa Gov. Kim Reynolds has signed into law a bill that will let state police arrest individuals suspected of having entered the country illegally, raising the prospect of another legal battle over the federal government's jurisdiction over immigration affairs.

  • April 11, 2024

    FDA Commissioner Says Congress Must Act On Hemp, CBD

    The commissioner of the U.S. Food and Drug Administration said Thursday that the agency did not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance.

  • April 11, 2024

    Interior Dept. Finalizes Rule To Strengthen Endangered Species Act

    The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.

  • April 11, 2024

    Colo. Developer Sues Over Remodeling Impact Fees

    A Colorado developer has accused Pitkin County's Board of Commissioners in Colorado federal court of wrongfully charging impact fees on the remodel of a residential property.

  • April 11, 2024

    DOI Lowers Fees For Solar, Wind Projects On Public Lands

    The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.

  • April 11, 2024

    Drag Ban Opponents Defend Free Speech Stance To 5th Circ.

    A coalition of LGBTQ advocacy groups, performers and venues challenging a Lone Star State law widely seen as a ban on drag shows told the Fifth Circuit that the attorney general "ignores established precedent" in his defense of the legislation, which the groups said chills "inherently expressive" performances.

Expert Analysis

  • 5 Takeaways From SAP's Foreign Bribery Resolutions

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    German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Parsing Chinese Governance On AI-Generated Content

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    As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.

  • Perspectives

    Context Is Everything In Justices' Sentencing Relief Decision

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    In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law​​​​​​​.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Series

    NJ Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • What To Know About IRS' New Jet Use Audit Campaign

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    The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.

  • ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws

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    A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • 2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement

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    The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.

  • In Bribery Case, High Court's Past Is Probably Prologue

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    The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

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