Public Policy

  • November 27, 2023

    NY Adult Survivors Act Window Shuts, Airing Years Of Abuse

    While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.

  • November 27, 2023

    FCC Plans To Expand Data Breach Notification Rules

    Sixteen years after data breach notification rules were adopted for telecommunications companies and internet voice call providers, the Federal Communications Commission has plans to expand them.

  • November 27, 2023

    Commerce Dept. Wants Feedback On Draft DEI Principles

    The U.S. Department of Commerce asked the public on Monday for feedback on a proposed set of principles for diversity, equity, inclusion and accessibility in the private sector and on the impact of so-called DEIA initiatives that already exist.

  • November 27, 2023

    US, UK Unveil Global Agreement For Securing AI Systems

    Cybersecurity officials in the U.S. and U.K. on Monday rolled out first-of-their-kind guidelines, backed by more than a dozen other countries, that are intended to help ensure developers of artificial intelligence systems are building and deploying secure products. 

  • November 27, 2023

    NY Judge OKs $1.65B Voyager Settlement With FTC

    A New York federal judge has approved a settlement ordering bankrupt cryptocurrency lender Voyager Digital and its ex-CEO to pay $1.65 billion for misleading investors about the safety of their money prior to the firm's collapse.

  • November 27, 2023

    Feds Accountable For BIA Officials' Actions, 9th Circ. Hears

    Two Native American advocacy groups are urging a Ninth Circuit panel to overturn a Montana district court's ruling that the federal government isn't responsible for the actions of its Bureau of Indian Affairs officers, saying the prospect that the case is not suitable for torts litigation undermines the safety of Native American women.

  • November 27, 2023

    SEC's High Court Opponent Is A Supreme Court Newcomer

    The U.S. Securities and Exchange Commission on Wednesday will battle for the future of its administrative court with the help of a seasoned high court litigator, while the agency's challenger is placing his hopes on a loyal attorney who has yet to argue a case before the justices.

  • November 27, 2023

    Rail Group Wants Calif. Locomotive Regulations Derailed

    The Association of American Railroads says train emissions regulations adopted by the California Air Resources Board are preempted by the Interstate Commerce Commission's Termination Act of 1995, arguing in litigation over the state's authority that the ICC law broadly keeps state and local authority from regulating rail transportation.

  • November 27, 2023

    NTIA Says It's Working On Space Industry's Spectrum Needs

    A U.S. Commerce Department branch told the Federal Communications Commission it is working to identify the space industry's spectrum needs as the FCC looks to assist NASA and other federal agencies' efforts to boost in-space assembly and manufacturing services.

  • November 27, 2023

    News Outlets Push To Toss Anti-Vax Antitrust Suit Now In DC

    The Associated Press, The Washington Post, Reuters and BBC told a D.C. federal court that the recent transfer of a lawsuit by Robert F. Kennedy Jr.'s anti-vaccine group doesn't help its claims that the news organizations colluded with social media platforms to censor rivals.

  • November 27, 2023

    Amicus Groups Tell High Court To End Chevron Deference

    Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.

  • November 27, 2023

    Now-Certified Class Alleges NH Has Bungled Medicaid Program

    A New Hampshire federal court certified a class of individuals with disabilities Monday in an action claiming that state mismanagement of a Medicaid program has deprived them of necessary and authorized medical services, ruling that the suit has shown enough evidence of specific practices that affect the entire class.

  • November 27, 2023

    Meta Can't Stop FTC From Adding Data Profit Ban To $5B Deal

    A D.C. federal judge on Monday rejected Meta's bid to block the Federal Trade Commission from revising a $5 billion privacy settlement to impose additional mandates on the company, including halting its ability to profit from children's data, finding that the court lacked the authority to weigh in on the proposed changes.

  • November 27, 2023

    Did OCC Get Duped? Ex-Fintech Official's Resume Unravels

    The Office of the Comptroller of the Currency hired its first-ever chief financial technology officer earlier this year, touting him as a nearly 30-year financial sector veteran. But records obtained by Law360 indicate a fabricated professional background that suggests the agency may have been hoodwinked when hiring him.

  • November 27, 2023

    Pa. Justices Say Construction Bid Fight Belongs To PennDOT

    Pennsylvania may block a construction firm accused of underpaying its workers from bidding on new construction contracts, as the state's Supreme Court ruled that the company must first contest any debarment with the state Department of Transportation before filing suit.

  • November 27, 2023

    SEC Can't Get More Time To Fix 'Defects' In Buyback Rules

    A panel of the Fifth Circuit has denied the U.S. Securities and Exchange Commission's bid for additional time to rework its share-repurchase rules, meaning the agency's new disclosure requirements will remain suspended unless regulators craft a solution by a Thursday deadline.

  • November 27, 2023

    Shell, BP Can't Nab Fed. Venue In Climate Row, 9th Circ. Says

    The Ninth Circuit on Monday rejected five of the world's largest oil and gas companies' attempt to remove climate change litigation spearheaded by San Francisco and Oakland to California federal court, citing numerous prior rulings answering the same jurisdictional question.

  • November 27, 2023

    Net Neutrality Hearing To Focus On FCC's Web 'Takeover'

    Congressional Republicans will hold a hearing this week on the Federal Communications Commission's plan to reinstate net neutrality rules, contending the proposal amounts to an overbroad assertion of the agency's powers.

  • November 27, 2023

    What's Next For Labor Enforcement After DOJ Punts Case?

    The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.

  • November 27, 2023

    Ex-Conn. GOP Press Aide Can't Sue Over Job Loss, Court Told

    A former spokesperson for Connecticut's Republican lawmakers failed to follow the necessary process to sue her ex-employer for allegedly pushing her to leave her job, the state argued Monday in asking a superior court judge to dismiss allegations of constructive discharge.

  • November 27, 2023

    Indian Glycine Co.'s Waffling Justifies Penalty Duties

    The U.S. Court of International Trade stood by the penalty tariffs the U.S. Department of Commerce issued to an Indian glycine producer that offered officials contradictory evidence on whether it had ties with other glycine companies in India.

  • November 27, 2023

    Sentencing Guidelines Boosted For Atty In Pot Bribe Case

    An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more. 

  • November 27, 2023

    Pa. Murderer Can't Sue Doctors For Psychiatric Malpractice

    A convicted quadruple murderer who killed and buried four people on his Pennsylvania property can't sue his doctors for medical malpractice for their allegedly negligent psychiatric treatment because of a state law prohibiting criminals from benefiting from their crimes, the state Supreme Court has ruled.

  • November 27, 2023

    NY Pot Regulators Will Settle Suits That Stalled Licensure

    New York cannabis regulators on Monday approved a resolution to settle two lawsuits challenging the state's marijuana retail licensing program, including one that has hobbled the state's effort to award licenses to those with past convictions and has left hundreds of entrepreneurs in limbo.

  • November 27, 2023

    Pa. Court Won't Revisit School District's Tax Appeal Policy

    After ruling that a school district unevenly targeted high-value properties for assessment appeals and violated Pennsylvania's uniformity clause, the state's Commonwealth Court won't reconsider the case, it said in an order Monday.

Expert Analysis

  • Copyright Ruling May Stifle Innovation In Publishing Industry

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    The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, but it also stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.

  • Kochava Ruling May Hint At Next Privacy Class Action Wave

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    The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 10 Takeaways From New HHS Federal Compliance Guidelines

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    The U.S. Department of Health and Human Services' recently issued general compliance program guidance is the first of its kind that would apply across all health care stakeholders, and signals the agency’s first step to improve and update existing compliance guidance, says Melissa Wong at Holland & Knight.

  • IRS Proposal May Help Clarify Donor-Advised Fund Excise Tax

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    Recently proposed regulations provide important clarifications of the Internal Revenue Code's excise tax on donor-advised fund distributions by providing detailed definitions of key terms and addressing some of the open issues related to their operation and administration, say attorneys at Morgan Lewis.

  • Ohio Voters Legalize Cannabis — What Comes Next?

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    This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.

  • What SEC Retreat In Ripple Case Means For Crypto Regulation

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    The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

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