Public Policy

  • February 27, 2024

    NJ Real Estate Fund Executive Cops To $658M Ponzi Scheme

    The CEO of a Garden State real estate investment fund pled guilty in New Jersey federal court on Tuesday to defrauding more than 2,000 investors through a $658 million Ponzi scheme, while also evading millions of dollars in tax liabilities, according to federal prosecutors.

  • February 27, 2024

    Mich. GOP Chair Was Legitimately Kicked Out, Judge Says

    A Michigan state judge on Tuesday ordered Kristina Karamo to relinquish control of the Michigan Republican Party and stop claiming to be the party's chair, finding she was properly removed from office in a Jan. 6 vote.

  • February 27, 2024

    Wash. Judge Asks If COVID 'Fire Sale' Should Impact Tax Plan

    A Seattle city attorney asked a Washington state appeals court on Tuesday to let the city keep a $160 million special property tax in place to fund waterfront improvements, as one judge questioned during oral arguments whether diminished property values post-pandemic should make the city recalculate the tax.

  • February 27, 2024

    'I Don't Know' When Ga. DA Romance Began, Witness Says

    The former law partner of Fulton County special prosecutor Nathan Wade, who oversees the election interference case against former President Donald Trump and his Georgia co-defendants, testified Tuesday that he didn't know when Wade's romantic relationship with District Attorney Fani T. Willis began.

  • February 27, 2024

    Wash. Judges Likely To Let Public Defender Keep Workplace Win

    A King County public defender who won a $7 million workplace harassment judgment against her bosses after she was stalked by a client found a receptive appeals panel Tuesday, as the Washington state judges pressed the county to explain how they could unwind a jury's factual findings.

  • February 27, 2024

    Defense Dept. Looks To Shake Firefighting Foam MDL Claims

    The U.S. Department of Defense on Monday asked a South Carolina federal judge to free it from claims in sprawling multidistrict litigation that its use of forever chemical-containing firefighting foam contaminated drinking water near its facilities.

  • February 27, 2024

    Employers Must Battle AI Bias, Fisher Phillips' AI Chief Says

    Employers embracing artificial intelligence and machine learning tools to automate time-consuming tasks, such as screening resumes and conducting interviews, must ensure those tools don't engage in "algorithm drift" that results in improper bias, which could put a company on the hook legally and ruin its brand reputation, says David Walton, chair of Fisher Phillips' artificial intelligence team.

  • February 27, 2024

    Calif. Appeals Court Backs Costco's Race Harassment Win

    A California appeals court declined Tuesday to grant a Black former Costco worker a new trial in his suit alleging he was regularly harassed on the job, ruling he failed to show that a jury was wrong to find that the comments he faced didn't harm him enough to justify a financial award.

  • February 27, 2024

    Hogan Lovells Says It Was Barred From Labor Dispute Interviews

    A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations. 

  • February 27, 2024

    New Lead Confirmed For Watchdog Office For Fed. Employees

    The U.S. Senate voted 49-47 on Tuesday night to confirm Hampton Dellinger, a former Boies Schiller Flexner LLP partner, to lead the federal watchdog agency charged with protecting federal employees' interests.

  • February 27, 2024

    SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say

    Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.

  • February 27, 2024

    Commanders Unveil Stadium Upgrades Amid Possible Move

    The Washington Commanders on Tuesday announced a total of $75 million in upgrades to its current home stadium that includes new premium seating and a new sound system, amid a battle to determine where the NFL team will play in the future.

  • February 27, 2024

    Attys Get Personal In Mich. Foreclosure Default Fight

    Counsel traded jabs Monday over Michigan counties' tax foreclosure practices, with a lawyer for county treasurers claiming the other side took advantage of a family medical situation to launch a default judgment bid and a plaintiffs' attorney saying the case had ruined his friendship with the other lawyer.

  • February 27, 2024

    Supreme Court Doubts Forfeiture Deadline Is Mandatory

    The U.S. Supreme Court on Tuesday poked holes in a New York man's claim that courts are barred from issuing forfeiture orders at sentencing in criminal cases unless the prosecution previously submitted a draft request, noting the rule has "a lot of wiggle room," and noncompliance can be easily corrected.

  • February 27, 2024

    Colo. Wants Immediate End To Sick Leave Law Challenge

    The state of Colorado called on a federal court to immediately dismiss an airline lobbying group's challenge to a state sick leave law, arguing that recent precedent established that the law was not preempted by the Airline Deregulation Act.

  • February 27, 2024

    Md. Panel OKs Municipal Local Property Tax Credit Bill

    Maryland would allow the governing body of a municipality to award property tax credits for three property situations, the amount of which could be decided by the municipality, under a bill passed Tuesday by the state House Ways and Means Committee.

  • February 27, 2024

    IRS Opens Free E-File Pilot To More New Users

    The Internal Revenue Service temporarily reopened its free electronic filing pilot program to more new users Tuesday in the 12 states where taxpayers can participate, an agency official said in a statement.

  • February 27, 2024

    FCC OKs T-Mobile's 2.5 GHz Licenses Over AT&T Objection

    The Federal Communications Commission on Tuesday signed off, over an objection from AT&T, on a raft of new T-Mobile licenses in the 2.5 gigahertz spectrum band with the condition that T-Mobile divest some spectrum holdings in Hawaii.

  • February 27, 2024

    10th Circ. Backs FDA E-Cigarettes Marketing Denial

    The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Make Sure Net Neutrality Covers Wholesale Service, FCC Told

    The Federal Communications Commission needs to ensure wholesale broadband access services are covered by net neutrality rules the commission is expected to adopt soon, a trade group for competitive networks told the agency Monday.

  • February 27, 2024

    Chevron's $53B Hess Buy Hits Snag Over Guyana Oil Dispute

    Chevron has revealed in a regulatory filing that Exxon Mobil Corp. and the China National Offshore Oil Corp. believe they have preemptive rights to buy Hess' stake in a lucrative oil project off the coast of Guyana, a hitch Chevron said could lead to failure to close its planned $53 billion acquisition of Hess. 

  • February 27, 2024

    Salmon Fishing Mitigation Effort Is Absent, Green Group Says

    Conservation group Wild Fish Conservancy told the Ninth Circuit the district court did not abuse its discretion in "narrowly partially vacating" an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, saying the overarching biological opinion is inconsistent with the Endangered Species Act.

  • February 27, 2024

    Philly Gun Shop Ban Doesn't Flout 2nd Amendment

    Philadelphia's zoning code barring gun shops close to residential neighborhoods didn't violate a shooting range's Second Amendment rights, because the location of a shop isn't part of the fundamental rights covered by the amendment, a Pennsylvania appellate court ruled Tuesday.

  • February 27, 2024

    Senate Dems Plan IVF Bill Vote After Ala. High Court Ruling

    Senate Democrats plan to hold a unanimous consent vote on an in vitro fertilization bill on Wednesday in the wake of an Alabama Supreme Court ruling that frozen embryos count as children, a move that attempts to put Republicans on the back foot in a presidential election year.

Expert Analysis

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.

  • A Close Look At The FCC's Revised SIM Card Fraud Rules

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    Carolyn Mahoney and John Seiver at Davis Wright break down recently proposed revisions to the Federal Communications Commission's customer proprietary network information and local number portability rules for wireless providers, discuss the revisions' implications on artificial intelligence regulation, and provide tips to prevent SIM swap and port-out fraud.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Sentencing Shift Might Not Help Most White Collar Defendants

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    Many have lauded the new zero-point offender adjustment in the U.S. sentencing guidelines, which may provide a pathway for noncustodial sentences for first-time offenders — but given the types of cases federal prosecutors often pursue, it likely won't offer much relief to white collar defendants, says Saurish Appleby-Bhattacharjee at BCLP.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • The State Of Play In NIL, Compensation For Student-Athletes

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    Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • SEC Registrants Likely Won't Get Cyber Disclosure Delays

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    The U.S. Securities and Exchange Commission's sweeping cybersecurity disclosure final rules, its SolarWinds enforcement action and recent U.S. Department of Justice guidance show the pressure is on registrants to disclose incidents timely and accurately, but the circumstances in which an extension will be granted are extremely rare, say attorneys at Pillsbury.

  • Following Banking Regulators' Breadcrumbs To 2024 Priorities

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    Through blog posts, speeches, and formal guidance and regulations, prudential and other federal and state financial regulators laid out a road map last year pointing to compliance priorities that should be reflected in financial institutions' planning this year, say Laurel Loomis Rimon and Gina Shabana at Jenner & Block.

  • Health Policy Legislative Landscape May Remain Frozen

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    With Congress again delaying the full resolution of fiscal year 2024 federal spending legislation, there is now an additional window in which Congress could work through several priority issues for healthcare stakeholders, though these issues are unlikely to be resolved in time, say attorneys at Faegre Drinker.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

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