Public Policy

  • February 20, 2024

    Skipped Hearing Sinks Conn. Pot Store Fight, Court Told  

    A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.

  • February 20, 2024

    9th Circ. Reinstates Air Traffic Controller's Age Bias Suit

    The Ninth Circuit revived a suit Tuesday from an air traffic controller who said the Federal Aviation Administration passed him over for promotions because of his age, ruling the agency can't hide behind a carveout that allows it to restrict the positions to younger applicants.

  • February 20, 2024

    Pot Cos. Say They'll Be Ruined Unless Detroit Facility Opens

    Four cannabis companies have urged a Michigan federal court to prohibit the city of Detroit from taking any action that would impede their $15 million marijuana processing facility from opening, saying they are "in immediate danger of financial ruin" unless they operate the site as planned.

  • February 20, 2024

    Ala. Justices Deem Frozen Embryos Children Under State Law

    The Alabama Supreme Court ruled that frozen embryos count as children in a first-of-its-kind decision bemoaned by advocates and a dissenting judge as potentially ruinous for in vitro fertilization services in the state. 

  • February 20, 2024

    Eateries' Virus Losses Not Covered, Insurer Tells NC Justices

    Cincinnati Insurance Co. urged the North Carolina Supreme Court to affirm its win in a dispute with more than a dozen eateries over coverage for pandemic-related losses, saying government shutdown orders do not constitute direct physical loss or damage required to trigger coverage.

  • February 20, 2024

    GOP, Democratic Reps. Team Up To Decry Punted FISA Vote

    The Foreign Intelligence Surveillance Act's controversial Section 702, which gives the government a backdoor to intercept American communications without a warrant, is set to expire soon, and a bipartisan group of lawmakers says it's time they be allowed to vote on a version of the reauthorization that would add privacy protections.

  • February 20, 2024

    Landlord Bias Can Be Eviction Defense, Colo. Justices Say

    The Colorado Supreme Court ruled Tuesday that tenants facing eviction can raise allegations of a landlord's discrimination or retaliation as a defense, directing a trial court to take another look at the case of a woman who accused her landlord of trying to boot her because she refused to have sex with him.

  • February 20, 2024

    Solar Co. Preyed On Elderly Prior To DOE Loan Deal, Suit Says

    Sunnova Energy International Inc. was hit with a proposed investor class action alleging shareholders were damaged when reports revealed that it routinely engaged in predatory tactics against elderly homeowners before it entered a deal with the U.S. Department of Energy to help disadvantaged communities.

  • February 20, 2024

    Calif. Must Face Trimmed Suit Over Locomotive Emissions Rule

    A California federal judge has trimmed a lawsuit from rail industry groups challenging a new regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, saying some parts aren't in effect yet but others may interfere with federal rules governing railroad operations.

  • February 20, 2024

    Oregon Lists Southern Resident Orcas As Endangered

    A distinct population of southern resident orcas will be protected under Oregon's Endangered Species Act following a unanimous vote by the state's Fish and Wildlife Commission.

  • February 20, 2024

    Fla. Cities, Local Electeds Sue Over New Financial Disclosures

    A group of 26 Florida municipalities and 74 elected officials have sued the state, challenging a new law requiring municipal elected officials to file a more detailed financial disclosure form that they say is "highly intrusive" and requires making public private financial information unrelated to their duties.

  • February 20, 2024

    Voters Oppose Consolidating Redistricting Challenges In NC

    Voters and voting rights groups in two different camps challenging the constitutionality of North Carolina's recently redrawn state and federal legislative districts have opposed lawmakers' request to consolidate their cases, saying their claims vary "significantly."

  • February 20, 2024

    DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot

    The D.C. Circuit has dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.

  • February 20, 2024

    New Yorker Writer Pans Subpoena Over Adams' Ties To Pastor

    A writer for The New Yorker said that being forced to testify about an indicted Brooklyn pastor's ties to Mayor Eric Adams would step on journalistic privilege, arguing that Manhattan federal prosecutors could instead rely on other sources.

  • February 20, 2024

    GOP Sens. Seek Full Impeachment Trial For Mayorkas

    A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.

  • February 20, 2024

    Akin Hires Top BIS Commerce Department Counsel In DC

    Akin Gump Strauss Hauer & Feld LLP has hired the former U.S. Department of Commerce's chief counsel for the Bureau of Industry and Security, who has joined the firm as a partner in Washington, D.C., the firm announced Tuesday.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 20, 2024

    Justices Give Feds Time In Texas, Fla. Social Media Law Fights

    The U.S. Supreme Court has set aside time for the federal government to weigh in on looming oral arguments in cases to determine the constitutionality of controversial Texas and Florida laws that restrict social media companies' ability to curb users' speech.

  • February 20, 2024

    FBI Looks Within In Naming Its Next GC

    The FBI said Tuesday that it has elevated one of its attorneys, who has worked in the government sector for a large part of his career, to serve as the agency's general counsel in Washington, D.C.

  • February 20, 2024

    Ex-Elections Chief Chose To Leave Job, NJ Gov. Says

    New Jersey Gov. Phil Murphy has urged a New Jersey state court judge to toss allegations from the Garden State's former elections chief that his civil rights were violated when he was pushed to resign in retaliation for a satirical article, arguing that he never suffered any loss because he voluntarily retired.

  • February 20, 2024

    FCC Panel To Focus On AI's Consumer Impact

    The Federal Communications Commission set a consumer advisory panel back into motion Tuesday, with the impact of artificial intelligence on the telecom industry as a top priority.

  • February 20, 2024

    Pennsylvania Ballots Need Correct Dates, 3rd Circ. Told

    Republican organizations seeking to enforce a Pennsylvania requirement that mail-in ballots have a date and signature on their outer envelope urged the Third Circuit on Tuesday to rule that a district court judge who found more than 10,000 undated or misdated ballots to be valid too broadly applied the materiality provision of the Civil Rights Act.

  • February 20, 2024

    Navalny's Death Pushes Biden To Ramp Up Russian Sanctions

    The White House said Tuesday that it will introduce new sanctions on Russia later this week in response to Russian opposition leader Alexei Navalny's death in custody, saying Russian President Vladimir Putin was ultimately responsible.

  • February 20, 2024

    High Court Passes On Rent Stabilization Probe, For Now

    The U.S. Supreme Court declined to investigate two challenges to specific aspects of New York's rent stabilization law Tuesday after refusing to hear a facial challenge to the same law in September, but left the door ajar for future litigation.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

Expert Analysis

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • Opinion

    History Reveals Folly Of Absolute Presidential Immunity

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    As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Bank M&A Considerations Amid 2024's Regulatory Uncertainty

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    Following the decline in banking mergers to the lowest level in more than a decade last year, receptiveness to community bank combinations and positive macroeconomic factors may help banks with less than $50 billion in assets see increased deal-making opportunities this year, despite regulatory uncertainty, say Robert Azarow and Amber Hay at Arnold & Porter.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Opinion

    Farm Bill Gives Congress 2024's Biggest Enviro Opportunity

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    A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • How US Companies Can Wield The New Foreign Bribery Law

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    U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.

  • After Watershed Year, Clean Hydrogen Faces New Challenges

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    Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • NJ Ruling May Widen Plaintiff Opportunities In LLC Disputes

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    A New Jersey court’s recent decision in Flor v. GreenbergFarrow found that a court may consider a limited liability company member’s wrongful conduct when determining sale and compensation owed to a dissociate member, and may open doors for plaintiffs seeking relief from wrongful conduct, say Lowry Yankwich and Peter LeVan at LeVan Stapleton.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

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