Public Policy

  • May 22, 2024

    EasyPay Agrees To Exit Mass. In 'Rent-A-Bank' Settlement

    EasyPay, an alternative finance company, has settled with Massachusetts officials over claims that it gouged Bay State borrowers with predatory loans issued through an out-of-state bank, agreeing to pay $625,000 to consumers and stop doing business in the state as part of a deal unveiled Wednesday.

  • May 22, 2024

    Nursing Home Asks Ill. Justices For Broad COVID Immunity

    An Illinois nursing home facing wrongful death suits over an outbreak of COVID-19 told the state's highest court Wednesday that plaintiffs were trying to have it "both ways," by claiming Gov. J.B. Pritzker's grant of pandemic-related immunity to healthcare facilities was both clear and ambiguous.

  • May 22, 2024

    Calif. Justices Debate Time To Sue To Change Insurer's Practices

    A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.

  • May 22, 2024

    Arizona Officials Spar Over Stay In Voting RIghts Fight

    Arizona Secretary of State Adrian Fontes is asking a federal district court to deny a bid by the state's top lawmakers and the Republican National Committee to pause a decision to bar provisions of voting legislation from being enforced, arguing that a change this close to an election would create confusion.

  • May 22, 2024

    US House Passes Crypto Bill Over SEC, White House Dissent

    The U.S. House of Representatives on Wednesday passed a Republican-led framework to regulate digital assets despite pushback from many Democrats, the U.S. Securities and Exchange Commission and the White House, which questioned whether the bill will actually provide the clarity it promises.

  • May 22, 2024

    Fla. Gaming Compact Contradicts Law, High Court Told

    Two Florida casino operators seeking to undo a sports gaming compact between the state and the Seminole Tribe fired back at the federal government's claims that the agreement is legal, arguing that its language contradicts the Indian Gaming Regulatory Act.

  • May 22, 2024

    Feds And Enviro Groups Fight Utah Counties' High Court Bid

    The United States, a Colorado county and five environmental groups are fighting a bid by a coalition of Utah counties to win a U.S. Supreme Court review of a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from the state.

  • May 22, 2024

    Monsanto's Appellate Win Won't Nix $438M PCB Loss

    A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.

  • May 22, 2024

    Seattle Sues Train Cos. Over Bike Track-Crossing Suits

    The city of Seattle says two short-line railroads have breached agreements to maintain liability insurance and indemnify the city in lawsuits from cyclists injured crossing tracks along a perilous stretch of a popular bike trail, according to a complaint filed in Washington state court.

  • May 22, 2024

    Ex-Citi Exec Says She Was Asked To Lie To OCC

    A former Citibank NA managing director hired to bring the bank into compliance with regulatory obligations has accused the bank and its chief operating officer of wrongful termination and retaliation in a suit Wednesday, alleging she was fired for not reporting false information to authorities.

  • May 22, 2024

    Sunsetting Section 230 Gains Traction On Both Sides Of Aisle

    Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.

  • May 22, 2024

    Antitrust Judge Questions Apple's Phil Schiller On New Fees

    A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.

  • May 22, 2024

    Binance.US Beats Fla. Regulator's Suspension Order

    A Florida state appeals court agreed with Binance.US on Wednesday that the state's financial regulator shouldn't have denied the cryptocurrency exchange the ability to do business in the state after its affiliate and founder pled guilty last year, and that the agency didn't follow proper procedure in blocking Binance's operations.

  • May 22, 2024

    Feds To Extend Plea Offer To Oath Keepers Atty In Jan. 6 Case

    Federal prosecutors said Wednesday that they plan to extend a plea offer to an attorney for the far-right Oath Keepers group charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol, but the specifics of the offer could depend on the U.S. Supreme Court's stance on a federal statute often used to prosecute alleged Capitol rioters.

  • May 22, 2024

    DC Judge Ships CFTC Election Betting Suit Back To Texas

    A federal judge in the District of Columbia said Wednesday that a case challenging a Commodity Futures Trading Commission ban on an elections betting platform should never have been sent to her court, shipping the lawsuit back to Texas over the objections of the agency.

  • May 22, 2024

    Ga. Lender Asks Panel To Free It From Unsolicited Check Case

    A Georgia lending institution asked the Georgia Court of Appeals on Wednesday to reverse a trial court's decision not to free it from a lawsuit alleging it violated the Georgia Fair Business Practices Act by sending out an unsolicited live check that was stolen and cashed by an unknown party.

  • May 22, 2024

    9th Circ. Says States Can't Cut Into Asylum Limiting Rule Case

    A split Ninth Circuit on Wednesday denied several states' motion to intervene in the Biden administration's bid to settle a lawsuit challenging a rule limiting asylum, saying the states lack interests warranting their involvement in settlement negotiations.

  • May 22, 2024

    Youths Take Second Crack At Constitutional Climate Suit

    A group of young plaintiffs on Monday made their second attempt at a lawsuit alleging that the Constitution guarantees "a life-sustaining climate system" and that the federal government unconstitutionally discriminates against children by favoring the fossil fuel industry's interests over children's.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Solar Cell Duties May Inadvertently Crush Domestic Industry

    A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by importers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.

  • May 22, 2024

    Fla. Judge Won't Pause Russian Planes Coverage Suit

    A Florida judge on Wednesday refused to pause an aircraft leasing company's coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, denying a request by some of the company's insurers to wait until litigation in the U.K. is resolved.

  • May 22, 2024

    1st Circ. Affirms UBS Win In Puerto Rico Pension Fight

    The First Circuit said public pensioners in Puerto Rico can't advance their claims that UBS Financial Services illegally underwrote $3 million in bonds, ruling that the island's financial restructuring plan transferred the right to those claims to a special committee.

  • May 22, 2024

    FDA Must Act On Sexual Side Effects Of SSRIs, Suit Says

    The Food and Drug Administration should be forced to warn the public about the serious sexual side effects of a certain class of depression medications after sitting on a petition asking it to do just that for more than six years, a new lawsuit says.

  • May 22, 2024

    FCC Weighs Requiring AI Disclosures In Political Ads

    The Federal Communications Commission will soon decide if it needs new rules requiring disclosure of content generated with artificial intelligence in radio and TV political ads.

  • May 22, 2024

    Boies Urges Judge To Rethink Precedential Cannabis Case

    Attorney David Boies, representing a group of cannabis companies challenging federal marijuana prohibition, told a Massachusetts federal judge Wednesday that his clients' case should proceed because a U.S. Supreme Court case governing marijuana policy is out of date.

Expert Analysis

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • New Crypto Reporting Will Require Rigorous Recordkeeping

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    The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.

  • A Comparison Of FDIC, OCC Proposed Merger Approaches

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    Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Colo. Lending Law Could Empower State-Chartered Banks

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    Lending programs that rely on rate exportation by state banks should pay close attention to legislative activity and ongoing litigation surrounding Colorado's decision to opt out of rate exportation, which could set a precedent that state-chartered banks have power on par with national banks, says Tom Witherspoon at Stinson.

  • Tax Assessment: Recapping Georgia's Legislative Session

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    Jonathan Feldman and Alla Raykin at Eversheds Sutherland examine tax-related changes from Georgia’s General Assembly — such as the governor’s successful push to accelerate income tax cuts — and suggest steps to take before certain tax incentives are challenged in the state's next legislative session.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • SEC Amendments May Launch New Execution Disclosure Era

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    The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.

  • Ga. Law Creates Challenges For Foreign Ownership Of Land

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    Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.

  • Mitigating Incarceration's Impacts On Foreign Nationals

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    Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.

  • How HHS Discrimination Rule Affects Gender-Affirming Care

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    The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Tiny Tweaks To Bank Merger Forms May Have Big Impact

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    The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.

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