Public Policy

  • April 08, 2024

    Dallas Says Strip Clubs Are Trying To Bypass 5th Circ. Ruling

    The city of Dallas told a Texas federal court Friday that a lawsuit by XTC Cabaret Inc. and other strip clubs is nothing but an attempt to circumvent a recent Fifth Circuit decision that upheld the city's ordinance barring "sexually oriented businesses" from operating between 2 a.m. and 6 a.m.

  • April 08, 2024

    Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes Say

    A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.

  • April 08, 2024

    Attys Have Duty To Defend Judges, ABA President Says

    The American Bar Association's president on Monday warned that attacks on judges and the U.S. court system have skyrocketed in recent years and urged lawyers to stand up for the judicial process by defending judges who are unjustly criticized.

  • April 08, 2024

    NRA, LaPierre, Execs Seek To Ax $6M Misconduct Verdict

    The National Rifle Association, its longtime CEO Wayne LaPierre and two other executives asked a New York judge to throw out a Manhattan jury's verdict that they improperly used donor money, among other misconduct, and owe the gun rights group a total of $6.4 million.

  • April 08, 2024

    Small-College Association Approves Transgender Athlete Ban

    Transgender women athletes will not be allowed to compete in women's sports at institutions under the umbrella of the National Association of Intercollegiate Athletics, the first known nationwide college sports organization to enact an across-the-board ban, according to a policy approved Monday.

  • April 08, 2024

    FCC Seeks To Stop Abusers From Tracking Connected Cars

    The Federal Communications Commission is seeking input on how to prevent connected-car technologies from being used to stalk and harass targets of domestic abuse.

  • April 08, 2024

    11th Circ. Wants To Brief Standing In DHS Parole Policy Suits

    The Eleventh Circuit on Monday directed Florida and the federal government to offer their perspectives on whether a recent U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities bears on the state's ability to mount a legal challenge to the administration's migrant parole programs.

  • April 08, 2024

    Ex-Venezuelan General Gets Prison Time For Helping Leftists

    A former Venezuelan general was sentenced to more than 21 years in federal prison Monday in New York federal court after previously pleading guilty to providing firearms and support in order to help the Revolutionary Armed Forces of Colombia ship cocaine to the U.S.

  • April 08, 2024

    Credit Reporters Falling Short On Trafficking Rule, CFPB Says

    The Consumer Financial Protection Bureau said Monday that its examiners have been seeing problems in the credit reporting industry with the accuracy and integrity of information that companies are relaying about consumers, including violations of certain recent protections for human trafficking survivors.

  • April 08, 2024

    FTC's Slaughter Defends International Cooperation

    Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.

  • April 08, 2024

    Mich. Judge Not Persuaded Wineries' Agritourism Is Speech

    A Michigan federal judge has found a local ban on wineries hosting weddings is not a commercial speech restriction despite the advertising potential of such events, again trimming a contentious zoning dispute ahead of trial. 

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    La. Drug Caps Conflict With Federal Law, AbbVie Says

    Drugmaker AbbVie is asking a Louisiana federal judge to grant its summary judgment motion and block new state-level pharmaceutical caps for the federal 340B drug discount program, calling the state's competing summary judgment motion arguments "legally and factually wrong."

  • April 08, 2024

    Texas Says Block Of Migrant Law Doesn't Bear On Buoy Fight

    Texas has told a federal judge that a Fifth Circuit ruling blocking a controversial Texas migrant arrest law has no bearing on whether the Biden administration can enforce an 1848 treaty to make the state move a floating border barrier.

  • April 08, 2024

    McConnell Expresses Support For TikTok Divestiture Bill

    Senate Minority Leader Mitch McConnell, R-Ky., on Monday stressed the need for the House-passed bill to clamp down on TikTok, citing vast national security concerns.

  • April 08, 2024

    No Tax Cuts Or Hikes In Va. Budget, Youngkin Now Says

    Virginia would have neither tax cuts nor tax increases in the next biennial budget under an updated plan released Monday by Gov. Glenn Youngkin, who said he knew he must compromise with the Democratic-run General Assembly.

  • April 08, 2024

    DirecTV Questions FCC Legal Authority For New Rules

    DirecTV said the Federal Communications Commission is relying on a faulty interpretation of the Communications Act to justify imposing rules that would block early termination fees for satellite service and require rebates for TV program blackouts during carriage disputes.

  • April 08, 2024

    GOP Candidates Jump Into NJ Ballot Design Fray

    Four Republicans running for Congress in New Jersey filed a state lawsuit Monday seeking to compel the state's 21 county clerks to discard the "county line" ballot and use the "office block" ballot that a federal judge has mandated for Democrats in the June 4 primary.

  • April 08, 2024

    DOI Sued Over Absent Western Gray Wolf Protections

    Ten environmental groups have slapped the U.S. Department of the Interior with a complaint in Montana federal court challenging the agency's finding that gray wolves in the Western U.S. do not warrant listing as an endangered or threatened species under the Endangered Species Act.

  • April 08, 2024

    PE Firm Calls FTC's Antitrust Claims 'Many Yesterdays' Old

    A Texas anesthesiology company and the private equity firm that created it told a Houston federal judge Monday that the Federal Trade Commission has gone back "many yesterdays ago" in making its antitrust case, arguing that there's no imminent threat of a monopoly in an attempt to get the case dismissed.

  • April 08, 2024

    US Pledges $6.6B To TSMC As Chip Co. Eyes 3rd Ariz. Plant

    The Biden administration on Monday proposed a pledge of $6.6 billion to Taiwan Semiconductor Manufacturing Co. in hopes of boosting the U.S. domestic semiconductor industry as the chipmaking giant eyes a third fabrication plant in Arizona.

  • April 08, 2024

    Group Says US Oil-Drilling Policy Harms Protected Species

    An environmental group sued the U.S. government Monday in District of Columbia federal court, accusing it of violating the Endangered Species Act and alleging that top officials are not adequately protecting threatened animals from offshore oil and gas activities in the Gulf of Mexico.

  • April 08, 2024

    Experts Call For New Agency To Regulate Space Operations

    A group of military space officials has called on the White House to create a new cabinet-level agency for space operations to cut red tape and keep the U.S. ahead of its rivals as a global leader in space operations.

  • April 08, 2024

    Ga. Puts New Citizens In Voting 'Purgatory,' Judge Told

    For the second time this year, lawyers for the Georgia Secretary of State's office began a federal bench trial Monday by defending the state against allegations that key election protocols serve to disenfranchise voters, this time brought by advocacy groups who say the state is shutting newly minted citizens out of the democratic process.

  • April 08, 2024

    Texas Wants Save Of DHS Parole Program Reconsidered

    A Texas-led coalition of states that lost a district court challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela wants a reconsideration of the decision denying the coalition's bid to invalidate the program, saying the court wrongly concluded it lacked standing.

Expert Analysis

  • Takeaways From Groundbreaking Data Transfer Order

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    A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

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    Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • How The FAA Is Embracing Simplified Flight Controls

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    The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.

  • Banks Should Continue To Prep For CFPB Data Rule Rollout

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    Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.

  • FERC's Updated Settlement Policy Comes With Risks For Cos.

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    The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.

  • Tips For CCOs Submitting Annual Compliance Reports

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    Recent settlement actions by the U.S. Commodity Futures Trading Commission, coupled with statements made by both CFTC and U.S. Securities and Exchange Commission leadership, demonstrate why this year's chief compliance officer annual report filing is no ordinary exercise, and highlight the increasing importance of the report and its usage, say attorneys at Steptoe.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • Decline In Same-Industry M&A Tells A Nuanced Policy Story

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    In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

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    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Golf Course Copyright Bill Implications Go Beyond The Green

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    A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.

  • Preempting Bottled Water Microplastics Fraud Claims

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    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

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    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.

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