Public Policy

  • April 22, 2024

    Supreme Court Will Hear Feds' Ghost Guns Ban Appeal

    The Supreme Court on Monday agreed to hear an appeal from the federal government seeking to block an injunction excluding two companies from a rule classifying so-called ghost gun kits as firearms.

  • April 22, 2024

    Justices Skip How Mid-Litigation Changes Affect Standing

    The U.S. Supreme Court on Monday left in place a Third Circuit ruling that plaintiffs must reestablish standing when defendants cause circumstances to change mid-litigation, ending a Pennsylvania attorney's challenge to the state's new anti-bias and harassment professional conduct rule.

  • April 22, 2024

    Coverage Recap: Day 1 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 to adult film actress Stormy Daniels ahead of the 2016 election. Here's a full recap from day one.

  • April 20, 2024

    House Passes Another Bill To Force TikTok Divestment

    The House voted 360-58 on Saturday to pass a bill requiring ByteDance Ltd. to divest TikTok or face a ban in the U.S. and giving the parent company a longer runway to sell the app than a version the House previously passed in March.

  • April 20, 2024

    Power To Spy Without Warrants Renewed For 2 Years

    President Joe Biden on Saturday signed a bill reauthorizing a controversial program to spy on foreigners, hours after the Senate passed it while rejecting a push for warrants to search U.S. citizens' data inadvertently collected while surveilling foreign targets.

  • April 19, 2024

    Trump On Verge Of Legal History As Full NY Jury Picked

    Jury selection wrapped up Friday in the hush money trial of Donald Trump, setting the stage for opening statements to begin on Monday after a New York appeals court denied a last-ditch bid by the former president to delay the unprecedented case.

  • April 19, 2024

    CFPB Seeks 5th Circ. Do-Over In Credit Card Late Fee Case

    The Consumer Financial Protection Bureau is pushing for the Fifth Circuit to reconsider its rejection of a transfer out of Texas for a lawsuit challenging the agency's $8 credit card late fee rule, warning the decision was wrong on key facts and could prove a "boon for forum-shopping plaintiffs" if left in place.

  • April 19, 2024

    A Cannabis Constitutional Fight, And The Calif. Atty Behind It

    Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.

  • April 19, 2024

    Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced

    The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.

  • April 19, 2024

    Panel Voices Concern Over Prior-Convictions Evidence Rule

    A federal judicial committee overseeing evidence rules on Friday grappled with ideas to fix a rule broadly allowing defendants to be cross-examined regarding their prior convictions, with the group's research chair noting the directive is often misapplied.

  • April 19, 2024

    Ga. Judges Find No 'Magic Wand' For Voting Rights Suits

    In a series of recent trials challenging Georgia’s election laws, federal judges have shown a reluctance to dictate sweeping changes to state voting protocols, preferring to tinker around the edges while leaving broad policymaking up to legislative officials.

  • April 19, 2024

    Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit

    Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."

  • April 19, 2024

    Dr. Says Colo. Plaintiffs Bar Trying To Open Tort Floodgates

    A doctor is asking the Colorado Supreme Court to scuttle a proposed ballot initiative that would remove noneconomic damages caps for certain claims, arguing that the measure is unconstitutionally broad and would turn the state into "one of the most plaintiff-friendly jurisdictions in the country."

  • April 19, 2024

    Potawatomi Become Ill.'s First Federally Recognized Tribe

    The U.S. Department of the Interior in a historic move has made the Prairie Band Potawatomi Nation the only federally recognized tribal nation in Illinois, the tribe said Friday.

  • April 19, 2024

    Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told

    As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.

  • April 19, 2024

    Banking Boss Seeks First Bite In Lawyer-Linked Debt Services

    Connecticut's banking commissioner says a trial court judge misapplied case law by sidelining his authority to investigate complaints against a debt collection operation attached to a law firm, saying his office should be the first to decide whether he or the judicial branch has authority over the matter.

  • April 19, 2024

    TCPA Only Protects Consumers, Fax Co. Worker Says

    One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.

  • April 19, 2024

    Thai Co. Pays $20M For 'Egregious' Iran Sanctions Violations

    Thai-based SCG Plastics will pay $20 million to resolve claims it committed over 460 "egregious" violations of Iranian sanctions by causing U.S. banks to process $291 million in wire transfers in connection with the sales of high-density polyethylene resin made in Iran, as well as obscuring the resin's origin in shipping documents.

  • April 19, 2024

    DOI Bans New Mining Claims On 4,200 Acres Of NM Land

    The U.S. Department of the Interior has closed down any new mining claims for the next 50 years on 4,200 acres in Sandoval County, New Mexico, in an effort to protect the area with significant cultural ties to two Native American tribes.

  • April 19, 2024

    DC Circ. Won't Reverse Wash. Tribe's Recognition Order

    A D.C. Circuit panel has rejected a bid by a Washington tribe to vacate an order denying it federal recognition for the fourth time while barring it from raising any further jurisdictional arguments to collaterally attack a lower court's dismissal of the case.

  • April 19, 2024

    DC Circ. Backs GOP Operative's Election Finance Conviction

    The D.C. Circuit on Friday upheld a political operative's conviction for illegally funneling money from a Russian businessman into Donald Trump's 2016 presidential campaign, ruling that a law enacted in the wake of the Enron accounting scandal can be used to prosecute certain campaign finance crimes.

  • April 19, 2024

    Sentence For Pandemic Funds Theft Seems To Split 2nd Circ.

    A three-judge panel of Second Circuit jurists seemed split Friday over whether a Connecticut man's eight-year prison sentence for stealing COVID-19 funds from the city of West Haven was too harsh, with one judge expressing skepticism and two hinting it was likely appropriate.

  • April 19, 2024

    Vegas Paper Wants Antitrust Suit Paused For Appeal

    The Las Vegas Review-Journal asked a Nevada federal judge to pause the Las Vegas Sun's antitrust suit against it, pending an appeal to the Ninth Circuit over the core agreement between the papers that the Review-Journal says the judge wrongly cleared.

  • April 19, 2024

    SpaceX Wants 'Flexible' Net Neutrality Rules For Satellites

    SpaceX is continuing its push for the rights of broadband providers to manage their networks, asking the Federal Communications Commission in a meeting this week to allow for a "flexible standard" as the commission's vote to reinstate net neutrality regulations approaches.

  • April 19, 2024

    Enviro Groups Say Federal Plan Threatens At-Risk Bats

    A coalition of environmental groups sued the U.S. Forest Service and the U.S. Fish and Wildlife Service on Thursday in North Carolina federal court alleging that a plan to allow logging in the Nantahala and Pisgah national forests will harm endangered bats on the brink of extinction.

Expert Analysis

  • 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.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

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