Public Policy

  • May 20, 2024

    Investor Group Wants Slowdown On Del. Corporation Law Bill

    Critics of a fast-tracked proposal to amend Delaware's General Corporation Law to give controlling stockholders wider influence or vetoes over some board decisions are urging the state's bar association to tap the brakes, following a Chancery Court decision striking down a Moelis & Co. stockholder agreement as flouting existing law.

  • May 20, 2024

    HOA Pecks At Chickens-As-Pets Theory In NC Appeal

    A North Carolina couple's 60-plus chickens aren't household pets, a local homeowners association has told the state's top court in seeking to reinstate a $31,500 judgment in its favor that was upended last month by a three-judge panel in the lower appeals court.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    4th Circ. Says 'Gargantuan' NC Beach Home Meets Zoning Regs

    A 15,000-square-foot oceanfront vacation home with 24 bedrooms, 25 bathrooms and a swimming pool in North Carolina's Currituck County complies with state and county zoning requirements, the Fourth Circuit ruled in a published opinion.

  • May 20, 2024

    6th Circ. Won't Revive Challenge To $39B Student Debt Relief

    A pair of libertarian think tanks cannot revive their lawsuit challenging the Biden administration's plan to wipe out $39 billion in student loan debt, the Sixth Circuit ruled Friday, saying the groups haven't shown the government's plan puts them at a disadvantage to recruit indebted lawyers and other employees.

  • May 20, 2024

    Texas' Naive Witness 'Unacceptable' In Google Ad Tech Suit

    A judge overseeing a Texas-led lawsuit accusing Google of anti-competitive conduct in the display advertising market has ordered the attorneys general bringing the litigation to provide an adequate witness who can speak to certain facts about the investigation, calling their failure to do so "puzzling and unacceptable."

  • May 20, 2024

    FCC Told Ad Disclosure Rule Would Violate APA, Free Speech

    Broadcasters are continuing their push to get the Federal Communications Commission to drop the potential inclusion of some political ads and public service announcements from proposed foreign disclosure rules, this time saying that the rule would violate the First Amendment.

  • May 20, 2024

    Kepler Backs SpaceX Push To Revamp 'Big LEO' Band

    Satellite tech company Kepler Communications Inc. has urged the Federal Communications Commission to move forward with a potential new sharing framework for the "Big LEO" band as recently proposed by SpaceX.

  • May 20, 2024

    10th Circ. Oral Args. Poised To Shape NM Pollution Coverage

    The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.

  • May 20, 2024

    Family Sues Feds For Fatal Shooting On Reservation

    The family of a Tohono O'odham Nation man who was shot and killed by U.S. Border Patrol agents is suing the federal government and the agents involved for wrongful death, alleging that his calm demeanor was greeted with a hail of gunfire.

  • May 20, 2024

    5th Circ. Halts Texas County's Electioneering Rules

    The Fifth Circuit paused new electioneering rules in Palo Pinto County, Texas, on Sunday, the day before the start of early voting for a local primary runoff election, handing a victory to conservative groups that sought to strike down county rules limiting how they could electioneer outside polling locations.

  • May 20, 2024

    Biofuel Groups Urge High Court To Undo 5th Circ. Ruling

    Two biofuel trade associations called on the U.S. Supreme Court on Monday to review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, highlighting a split with five other circuit courts.

  • May 20, 2024

    Senate Confirms 1st Circ. Judicial Nomination

    The Senate voted 49-40 on Monday evening to confirm Assistant U.S. Attorney Seth Aframe to the First Circuit, making every judge on the appellate court's full bench a Democratic presidential pick.

  • May 20, 2024

    Nonprofits Renew Bid To Enter Red States' Border Wall Suit

    Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.

  • May 20, 2024

    3 Insurance Execs Can't Hit Pause On Asset Theft Claims

    Three former Sherbrooke Corporate Ltd. executives accused of stealing assets when they left to form their own venture lost a bid to halt the company's lawsuit, after a North Carolina federal judge doubted that their efforts to toss the case would succeed.

  • May 20, 2024

    Conn. Retools Bid To Deny Utility Board Member's Pension

    The state of Connecticut on Monday agreed to retool two paragraphs of a complaint seeking to revoke the pension of a Norwich city employee convicted of misusing funds while serving on a public utility board, a move that a state trial court judge hoped would more swiftly adjudicate the dispute.

  • May 20, 2060

    Coverage Recap: Day 15 Of Trump's NY Hush Money Trial

    Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day 15.

  • May 20, 2024

    2 House GOP Chairs Seek Study Of Premium Tax Credit Plan

    The Republican chairmen of the House Ways and Means and Budget committees want the Congressional Budget Office and Joint Committee on Taxation to study the impact of making the expanded Affordable Care Act premium tax credits permanent.

  • May 20, 2024

    Venezuelan Facing 2 Years In Prison For Laundering Scheme

    An ex-Venezuelan National Guard major is facing up to two years in federal prison after pleading guilty to a count of money laundering conspiracy involving the bribing of foreign officials to help cover up a $1.7 million fake import scheme and then moving the fraud proceeds through U.S. banks.

  • May 20, 2024

    Senate Report Ties Automakers To Uyghur Forced Labor

    BMW, Jaguar Land Rover and Volkswagen imported cars and their parts that were manufactured by a Chinese company sanctioned for using forced labor, according to a congressional report released Monday raising concerns about compliance with recent measures to crack down on labor violations.

  • May 20, 2024

    Immigrant Groups Claim CBP's Open-Air Sites Violate Order

    Immigrant advocacy groups told a California federal judge Friday that U.S. Customs and Border Protection is continuing to hold immigrant children and their parents at open-air detention sites overnight along the U.S.-Mexico border, despite the court's April ruling that the outdoor sites are unsafe and unhygienic.

  • May 20, 2024

    U-Visa Decisions Take Minutes, Not Years, Immigrants Say

    Immigrants alleging delayed processing of their U-visa applications have rebuffed the U.S. Department of Homeland Security's efforts to dismiss their proposed class action, urging a Michigan federal court to order the agency to issue decisions they say take only a few minutes, not years.

  • May 20, 2024

    Oil & Gas Groups Press DC Circ. To Block EPA Methane Rule

    Oil and gas industry groups have urged the D.C. Circuit to block the U.S. Environmental Protection Agency's expanded methane emissions control requirements while they're being challenged in court, saying the agency failed to reckon with the requirements' outsized impacts on owners of low-producing oil and gas wells.

  • May 20, 2024

    T-Mobile Deals Threaten Mobile Network Operators, FCC Told

    A mobile virtual network operator is telling the Federal Communications Commission to better protect competition in the MVNO market, claiming in a new filing with the agency that T-Mobile has been using its newfound market power to bully its brands' competitors.

  • May 20, 2024

    Patients Urge 9th Circ. To Deny UBH Petition In Claim Fight

    Patients alleging United Behavioral Health mismanaged their mental health and substance use disorder treatment claims urged the Ninth Circuit not to grant the insurance company's petition for appellate court intervention in the consolidated action, arguing the effort was inappropriate and unjustified.

Expert Analysis

  • Traversing The Web Of Nonjudicial Grievance Mechanisms

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    Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.

  • An NYDFS-Regulated Bank's Guide To Proper Internal Audits

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    As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • Opinion

    States Should Follow Federal Lead On Expert Evidence Rules

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    The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.

  • Opinion

    Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders

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    The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.

  • Strategies For Navigating Compliance Monitorships

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    As independent compliance monitorships continue to be a favored tool of the government in resolving corporate enforcement matters, counsel should have a firm grasp on best practices for selecting a monitor, preparing the company and ensuring a productive relationship between the parties, say attorneys at WilmerHale.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • An Energy Industry Case Study In Expropriation Risk

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    Andrés Chambouleyron at Berkeley Research breaks down how expropriation risk and damage mitigation calculations vary considerably by different energy sources, and uses Argentina as a case study for how energy investors might protect their interests.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • At 'SEC Speaks,' A Focus On Rebuilding Trust Amid Criticism

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    At the Practising Law Institute's SEC Speaks conference last week, U.S. Securities and Exchange Commission leadership highlighted efforts to rebuild and restore trust in the U.S. capital markets by addressing investor concerns through regulatory measures and enforcement actions, emphasizing the need for cooperation from market participants, say attorneys at Perkins Coie.

  • Series

    Fla. Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments that could have a notable impact on Florida's finance community include progress on a bill that would substantially revise the state Securities and Investor Protection Act, and the Consumer Financial Protection Bureau's final rule capping late fees for larger credit card issuers, say Benjamin Weinberg and Megan Riley at Leon Cosgrove.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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