Public Policy

  • 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 To Skirt Rent Stabilization Probe, For Now

    The U.S. Supreme Court declined to probe 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.

  • February 20, 2024

    Justice Alito Rips 'Dangerous' Denial Of Admissions Case

    U.S. Supreme Court Justice Samuel Alito slammed his colleagues' refusal to wade into a dispute over a Virginia high school's use of race in admissions decisions Tuesday, calling a Fourth Circuit decision upholding the policy "patently incorrect and dangerous" and the high court's willingness to let it stand "hard to understand."

  • February 20, 2024

    High Court Declines To Review Trump Attorney Sanctions

    The U.S. Supreme Court declined Tuesday to review onetime Trump lawyer Sidney Powell's and six other attorneys' claims that they were wrongly sanctioned and referred for bar discipline for filing a frivolous challenge to Michigan's 2020 presidential election results.

  • February 16, 2024

    Old Rules Face New Risks As Justices Hear Truck Stop's Case

    A North Dakota truck stop's long-haul quest to save on bank card fees reaches the U.S. Supreme Court on Tuesday in a case that could hand businesses a double-edged sword with which to hack away at even decades-old regulations.

  • February 16, 2024

    Trump Campaign Slams Ex-Aide's Adult Survivor's Act Suit

    Donald Trump's presidential campaign asked a New York judge Friday to throw out a former aide's lawsuit alleging she was raped by her campaign supervisor, saying she can't revive time-barred claims under the Adult Survivor's Act because she isn't a New York resident and the alleged assault didn't happen there.

  • February 16, 2024

    Bid To Ax Calif. Kids' Digital Safety Law Gets Diverse Backing

    The U.S. Chamber of Commerce, the American Civil Liberties Union, more than a dozen media organizations and a slew of other business and consumer advocacy groups are urging the Ninth Circuit to preserve a ruling temporarily halting a new California law that requires social media platforms to bolster their privacy protections for children.

  • February 16, 2024

    Unshackled Calif. Privacy Agency To Bring Enforcement Heat

    California's privacy regulator is expected to not waste any time responding to a recent ruling that cleared the way for the fledgling agency to begin immediately enforcing the rules it's crafted under the state's data protection law, making it vital for businesses and employers to adjust their compliance efforts to meet the accelerated timeline. 

  • February 16, 2024

    DOI Announces Final Rule On Class III Indian Gaming

    The U.S. Department of the Interior on Friday announced its final rule on changes to Class III Indian gaming compacts, updating the federal regulation to provide better guidance and transparency for tribes and states to negotiate those agreements under the Indian Gaming and Regulatory Act.

  • February 16, 2024

    FCC Needs Enforcement Ombudsman, Ex-Agency Atty Says

    The Federal Communications Commission should consider a wide range of enforcement-related reforms, including creating an ombudsman's office to help companies navigate disputes that crop up during FCC investigations, a former agency general counsel has argued in a new industry-backed paper.

  • February 16, 2024

    CFPB Broadens Supervisory Appeals Process

    The Consumer Financial Protection Bureau on Friday updated its process for financial institutions that appeal supervisory findings, issuing a new procedural rule that expands the types of matters that can be appealed and the options for resolving appeals.

  • February 16, 2024

    Wyndham CEO Reports 'Expansive' FTC Query Into Takeover

    Wyndham Hotels and Resorts says that the Federal Trade Commission's "expansive" request for more information has "only increased" its concerns about the wisdom of Choice Hotels International's attempt to buy out the company without the board's blessing.

  • February 16, 2024

    Industry Group Slams FDIC's Exit Bid In NSF Fees Challenge

    An industry group has shot back at the Federal Deposit Insurance Corp.'s bid to exit a suit over recent guidance warning banks about charging repeated nonsufficient funds fees, saying the guidance was issued without observing Administrative Procedures Act requirements and exceeds the FDIC's statutory authority.

  • February 16, 2024

    Trade Dispute Reform Draft Emphasizes Mediation

    A draft agreement for overhauling the World Trade Organization's dispute settlement process circulated Friday proposes a new emphasis on the institution's alternatives to the formal litigation process that the U.S. has criticized as exclusionary and inefficient.

  • February 16, 2024

    Texas County Says State's Migrant Arrest Law Will Raise Costs

    Texas' Harris County urged a federal court to grant the Biden administration's bid to block an impending state law that would allow Texas to arrest and deport migrants, saying the law, if enforced, would lead to increased jail-related costs.

  • February 16, 2024

    NC's Stein Supports Abortion Drug Manufacturer In W.Va. Case

    North Carolina Attorney General Josh Stein said Friday that he has jumped in to support an abortion drug manufacturer in its case against West Virginia's restriction of mifepristone, telling the Fourth Circuit that states can't enforce rules on the medication that the U.S. Food and Drug Administration has already dropped.

  • February 16, 2024

    VanEck Pays SEC $1.75M Over Influencer Role In ETF Launch

    Financial product issuer VanEck agreed to pay the U.S. Securities and Exchange Commission a $1.75 million penalty over allegations it failed to disclose how it paid influencer Dave Portnoy to boost the launch of its social media-tied fund to the product's board.

  • February 16, 2024

    Jewish Teacher Says Bias Suit Dismissal Flouted Case Law

    A Jewish middle school teacher who claims she faced unfair treatment at work due to her religion and repercussions for posting on Facebook about an assault by a student has urged a federal judge to rethink an early win granted to her school district against her retaliation and bias claims.

  • February 16, 2024

    The Congressman Who Reps Cannabis Reform On Capitol Hill

    Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.

  • February 16, 2024

    Union Can't Intervene In Fight Over NY Farm Laborers Law

    The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.

Expert Analysis

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, says Amanda Wait at DLA Piper.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • CFPB Overdraft Rule Could Mean Big Shift In Banking Biz

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    The Consumer Financial Protection Bureau has proposed "to close a longstanding loophole" in the Truth in Lending Act by changing how it regulates overdraft fees, but underneath the headline-grabbing proposal is a foundational shift in how the bureau views overdraft services, say attorneys at Katten.

  • Challenges Remain In Financing Energy Transition Minerals

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    COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

  • Is Compulsory Copyright Licensing Needed For AI Tech?

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    The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

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