Public Policy

  • February 26, 2024

    BofA Battle Will Test Preemption's Reach At High Court

    The U.S. Supreme Court is set Tuesday to consider whether federal law exempts national banks from state-level escrow interest requirements, a case whose technical-sounding focus belies its hefty implications for the balance of federal and state regulatory power over many of the nation's big banks.

  • February 26, 2024

    Feds, Fla. Oppose Sharing Power In Clean Water Act Program

    The federal government and Florida are now fighting over how much power each should get after a D.C. federal judge struck down the U.S. Environmental Protection Agency's decision to approve the Sunshine State's bid to assume authority over a key Clean Water Act permitting program.

  • February 26, 2024

    NIST Widens Cybersecurity Framework To Cover All Industries

    The U.S. Department of Commerce agency that developed a landmark cybersecurity framework for critical infrastructure operators announced Monday that it had finalized a long-anticipated update, aimed at helping all industry sectors and organizations, to a voluntary tool to better manage cyber risks.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    EPA Must Act On Failed Skagit River Temps Plan, Tribe Says

    The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.

  • February 26, 2024

    FDIC Faces Staffing Crunch Amid Rising Turnover, IG Warns

    The Federal Deposit Insurance Corp. is struggling to hire enough new employees to keep up with retirements and departures, especially in its examinations department, according to a report from the independent agency's inspector general.

  • February 26, 2024

    Ligado Claims Iridium Bias In $40B Spectrum Takings Case

    Ligado Networks has pushed back against Iridium Communications' bid to back the government in Ligado's $40 billion lawsuit accusing the government of unlawfully taking over a spectrum it secured exclusive licensing for, saying Iridium had ulterior motives for filing a friend-of-the-court brief.

  • February 26, 2024

    CFTC Insists Agency Has Authority To Ban Election Gambling

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge on Monday that barring an online trading platform from offering election betting was within its power as a federal agency, and is also in the public interest.

  • February 26, 2024

    Religious Stations Ask Justices To Review Webcast Royalties

    Religious webmasters who say that the Copyright Royalty Board's latest rate hike affects them disproportionately want the U.S. Supreme Court to take up their case and decide whether there is religious discrimination at play.

  • February 26, 2024

    FAA Review Panel Flags 'Disconnect' In Boeing Safety Culture

    Boeing's overall safety culture is still "inadequate" and "disconnected" despite strengthening internal safety protocols in the five years since two fatal 737 Max 8 jet crashes, according to a new report from a Federal Aviation Administration review panel.

  • February 26, 2024

    Protect 'Cellular V2X' Technology In Cars, Group Urges Feds

    Federal Communications Commission rules need to make sure unlicensed signals don't interfere with the nascent cellular vehicle-to-everything technology, which allows cars to communicate with their environments, a trade group emphasized in a recent letter to the FCC.

  • February 26, 2024

    Justices Say Social Media Speech Laws Pose 'Land Mines'

    The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.

  • February 26, 2024

    Albright Pauses DOE's Crypto Mining Survey, For Now

    A Texas federal judge has temporarily barred the U.S. Department of Energy from requiring crypto mining firms to provide data on their electricity usage after a lawsuit from a Texas industry group and a bitcoin mining firm accused the government of skirting the process to approve the survey.

  • February 26, 2024

    Boston Sued For Records Of White Supremacist Protest

    The city of Boston and two law enforcement agencies are flouting the state's public records laws to avoid scrutiny over what one expert called an "intelligence failure of significant proportions" during a march by an avowed white supremacist group in 2022, a lawsuit filed Monday by the National Lawyers Guild alleges.

  • February 26, 2024

    FCC OKs Frequency Coordination Tech For 6 GHz Band

    The Federal Communications Commission is approving a group of applications for automated frequency coordination systems to allow unlicensed, standard power Wi-Fi devices on the 6 gigahertz band, saying the systems showed through rigorous testing that they can use the band without causing harmful interference to incumbent users.

  • February 26, 2024

    Proxy Advice Is Not Solicitation, DC Judge Rules In SEC Case

    A D.C. federal judge tossed U.S. Securities and Exchange Commission regulations that define voting advice from proxy advisory firms as solicitation under agency rules, granting a win to one such firm following years of on-and-off litigation.

  • February 26, 2024

    Feds Blacklist Canadian Surveillance Co. Over Egypt Work

    The Bureau of Industry and Security added Canadian network surveillance provider Sandvine Inc. to its export blacklist on Monday over the surveillance provider's support to the Egyptian government's program of censorship and political repression.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Boston Moves To Settle Suit Over 2016 Police Shooting

    The city of Boston has reached an agreement in principle to settle a wrongful death lawsuit brought by the mother of a Black man who was shot to death by Boston police officers in 2016, according to a Monday filing.

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    Vidal Tells Examiners To Stay 'Flexible' On Obviousness

    The U.S. Patent and Trademark Office released new, legally nonbinding guidance Monday for how the agency wants patent examiners to handle U.S. Supreme Court precedent governing whether ideas covered by patents are too obvious.

  • February 26, 2024

    Fla. Official Can't Save Home From Verdict, Businessmen Say

    Two Miami businessmen have urged a federal judge to block a city commissioner's attempt to prevent the forced sale of his house to satisfy a $63.5 million judgment, saying he voted to unconstitutionally gerrymander the city's districts to include the property and also improperly claimed a last-minute homestead protection.

  • February 26, 2024

    Mich. Justices Told Case Deadlines Tied To Litigants' Rights

    A property management company has told the Michigan Supreme Court it should reaffirm that case filing deadlines are "substantive" policy matters because they are essential to litigants' right to be free from stale claims, as the court is expected to decide whether it improperly extended a grace period to filers during the pandemic. 

  • February 26, 2024

    Forest Service Flouts Law With Logging Approvals, Suit Says

    The U.S. Forest Service has failed to assess the impact of logging projects on carbon storage and emissions, while ramping up the volume of timber sold from national forests, two environmental groups told the U.S. District Court for the District of Columbia in a complaint filed on Monday.

  • February 26, 2024

    3 NJ Candidates Sue Over Ballot Layout In Primary Election

    U.S. Rep. Andy Kim, who is running against New Jersey first lady Tammy Murphy for the Democratic nomination for U.S. Senate, filed a federal lawsuit Monday seeking a redesign of the primary ballot in June, saying its layout is unfair.

Expert Analysis

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • 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 Investment

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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.

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