Public Policy

  • February 26, 2024

    NC Legal Advice Law Fight Targets Wrong Party, AG Says

    A North Carolina nonprofit challenging a state law banning anyone but a fully licensed attorney from offering legal advice has sued the wrong party, the state attorney general's office said Monday in seeking to have the case tossed.

  • February 26, 2024

    Smirnov Loses Bid For Freedom In Biden Bribery Lies Case

    A California federal judge Monday ordered former FBI informant Alexander Smirnov to remain jailed on charges he fabricated reports that President Joe Biden and his son took bribes from a Ukrainian company, saying he takes "no comfort" in Smirnov's promises not to flee given his history of false statements.

  • February 26, 2024

    House GOP Accuses FTC Chair Of Mismanagement

    Federal Trade Commission Chair Lina Khan is under fire from House Republicans for an alleged vast mismanagement scheme, as outlined in a new report.

  • February 26, 2024

    No Logic To Killing Power Pricing Order, Texas Justices Told

    Allowing the invalidation of a policy that lets Texas' grid operator set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021 would undermine similar policies previously enacted by state utility regulators, the Public Utility Commission of Texas told the state's high court.

  • February 26, 2024

    Manhattan DA Seeks Trump Gag Order For Hush Money Trial

    The Manhattan district attorney has asked a New York state judge to limit what Donald Trump can say publicly about the upcoming hush money trial against him, arguing Trump's history of threatening behavior has intimidated and harassed witnesses, jurors, attorneys and court staff.

  • February 26, 2024

    Feds Say Fla. Atty Can't Undo COVID Relief Fraud Conviction

    A U.S. attorney's office has pushed back on a Florida lawyer's bid to vacate her conviction in Georgia federal court of conspiring to defraud a coronavirus pandemic relief program, saying the government doesn't have to prove she was "behind the keyboard" when the applications were submitted to be convicted of the charges.

  • February 26, 2024

    Voters Fight DeSantis' Bid To End Prosecutor Suspension Suit

    Two voters are urging a Florida federal judge not to throw out their suit challenging Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, saying the case brings "plausible claims" of "egregious and norm-breaking constitutional violations" by the governor.

  • February 26, 2024

    NJ, Solvay Push Back Against Town's Bid To Pause PFAS Deal

    New Jersey and the American arm of Belgian chemical company Solvay slammed a Garden State town's bid to pause the final approval of a $393 million settlement over "forever chemical" contamination, calling it disingenuous and arguing such a move would only delay the assistance the settlement would provide towns impacted by the pollution.

  • February 26, 2024

    Trump Fights With State Over Cell Data Use In Willis DQ Bid

    District Attorney Fani Willis of Fulton County, Georgia, and former President Donald Trump are once again facing off in court, this time over whether cellphone data purporting to show late night visits between Willis and a special prosecutor can be used in a bid to disqualify Willis and her office from prosecuting the Georgia election interference case.

  • February 26, 2024

    High Court Won't Hear Calif. Honking Ban Appeal

    The U.S. Supreme Court on Monday opted not to take up an appeal challenging a California law banning people from honking car horns except to warn others, leaving the ban in place.

  • February 26, 2024

    Mich. Tribunal Grants Property Tax Break For Youth Ranch

    A Michigan youth group home satisfied the legal tests for a charitable organization eligible for a property tax exemption, the Michigan Tax Tribunal said, rejecting a local township's findings.

  • February 26, 2024

    Trump Calls Biz Bans 'Punitive' In $465M Civil Fraud Appeal

    Donald Trump, his adult sons, his companies and former officers moved to appeal the $464.6 million civil fraud judgment handed down by a New York state judge earlier this month, accusing the judge of overstepping his authority and issuing "punitive" relief.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 26, 2024

    Justices Say Tribes Can Argue Separately In Healthcare Row

    Two Native American tribes seeking to uphold rulings that ordered the federal government to reimburse them millions of dollars in administrative healthcare costs can argue their cases separately, the U.S. Supreme Court said Monday.

  • February 26, 2024

    'Blue Chips' Holds Up 30 Years Later Amid NCAA Rules Chaos

    Thirty years after the premiere of "Blue Chips," one of Hollywood's more memorable and star-studded treatments of corruption in college sports, the NCAA faces unprecedented challenges to long-standing definitions of what is and isn't legal for its athletes. Yet, a legal expert and the film's creators say, what Nick Nolte, Shaquille O'Neal and the rest of the cast depicted in the film has aged well.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Vanderbilt, 3 Other Elite Schools Ink $166M Aid-Fixing Deals

    Vanderbilt University, Northwestern University, Dartmouth College and Rice University on Friday reached settlements totaling $166 million to resolve proposed antitrust class claims alleging that they and 13 other universities conspired to limit student aid.

  • February 23, 2024

    Trump Asks Court To Wait On 'Uncertain' $83M Carroll Award

    Donald Trump has asked a New York federal judge to hold off on forcing him to pay the $83.3 million he owes writer E. Jean Carroll for calling her a liar, a request that comes the same day he was hit with a $454 million bill in a separate case.

  • February 23, 2024

    CFPB Subjects Lender To Supervision In 1st Oversight Flex

    The Consumer Financial Protection Bureau said Friday that it has decided to require supervision for one of the nation's largest personal installment lenders, a move that marks the first time the agency has flexed its special risk-based oversight power over a company's objections.

  • February 23, 2024

    Russia Assets Seen As Key To Tipping The Scales For Ukraine

    The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.

  • February 23, 2024

    SEC Upholds Bar On Ex-RBC Rep Who Cashed Out $1M Error

    The U.S. Securities and Exchange Commission on Friday upheld a disciplinary action against a former RBC Capital Markets LLC representative who was accused of violating his industry's code of conduct when he converted $1 million that his firm accidentally deposited in his personal brokerage account.

  • February 23, 2024

    Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit

    A New York federal judge Friday largely denied a dismissal bid by gun distributors accused by New York Attorney General Letitia James of selling gun parts that can be easily converted into "ghost guns" to customers without background checks, rejecting the distributors' argument that the state's claims infringe on the Second Amendment.

  • February 23, 2024

    Netflix, Hulu Don't Owe Franchise Fees, Calif. Panel Rules

    Netflix and Hulu have again beaten a proposed class action from a California city claiming the streaming providers should be regulated like cable companies and pay franchise fees to localities, with a state appeals court ruling the city had no right to private action under a 2006 statute.

  • February 23, 2024

    FCC To Again Start Collecting Broadcast Workforce Data

    The Federal Communications Commission has voted on party lines to start collecting workforce diversity data from the broadcast industry after a more than two-decade hiatus.

  • February 23, 2024

    Smirnov's Attys May Be Trying To Help Him Flee, Judge Says

    A California federal judge indicated Thursday that counsel for Alexander Smirnov, the former FBI informant charged with fabricating reports that President Joe Biden and his son took bribes from a Ukrainian company, are trying to get Smirnov released ahead of trial "likely to facilitate his absconding from the United States."

Expert Analysis

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • DC's Housing Tax Break Proposal: What's In It, What's Missing

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    Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.

  • What To Know About OCC Proposals For Bank Merger Review

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    The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • US-Chile Tax Treaty May Encourage Cross-Border Investors

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    Provisions in the recently effective U.S.-Chile bilateral income tax treaty should encourage business between the two countries, as they reduce U.S. withholding tax on investment income for Chilean taxpayers, exempt certain U.S. taxpayers from Chilean capital gains tax, and clarify U.S. foreign tax credit rules, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

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