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Public Policy
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May 02, 2024
Biden Expands Protections For 2 National Monuments In Calif.
President Joe Biden on Thursday expanded protections on nearly 120,000 acres of land for two California national monuments considered sacred to Native Americans, while permanently returning one to its original Indigenous name.
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May 02, 2024
Tech, Finance Experts Urge CFTC To Consider AI Regs
The U.S. Commodity Futures Trading Commission was handed a list of recommendations by its technology advisory committee Thursday detailing potential approaches to the growing use of artificial intelligence in the financial markets it regulates, with advisers saying the agency might want to consider adopting a rule on AI risk management.
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May 02, 2024
No Damages For Native American Inmates in State Prison
A group of Native American prisoners is not entitled to millions in compensation for wrongful prosecution and incarceration, a Federal Circuit panel said, finding that the group's arguments that provisions of two 19th century self-government rights' treaties as "money-mandating" are unpersuasive.
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May 02, 2024
Pharma. Co. Wants Ex-Director To Stop Poaching Customers
A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.
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May 02, 2024
Biden Admin Must Reopen Gun Show Loophole, Texas Says
Texas and several other Republican-led states sued the Biden administration to reopen the so-called gun show loophole, asking the courts to stop the ATF from enforcing a new rule that makes many more firearm sellers register federally and perform background checks when selling a gun.
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May 02, 2024
DHS App Exposing Migrants To Cartel Violence, Report Says
The Biden administration's use of a smartphone app to process asylum seekers at the southern border has become all but mandatory, stranding many migrants in Mexico and leaving them exposed to cartel violence, Human Rights Watch said.
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May 02, 2024
Haaland Faces Senate Heat Over Interior Dept.'s Land Policies
U.S. Secretary of Interior Deb Haaland on Tuesday defended her agency's commitment to fostering energy development on public lands as U.S. senators criticized her agency over issues ranging from new rules to the pace of energy leasing and project permitting.
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May 02, 2024
Biden Announces $3B To Fund Lead Pipe Replacement
The Biden administration is distributing $3 billion to states so they can replace lead water pipes that pose a health risk to those who rely on them for drinking water, as part of the larger goal to remove all lead service lines nationwide.
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May 02, 2024
NYC Wants To Bill For 'Weaponized Transport' Of Migrants
A lawyer for New York City told a state court judge Thursday that Texas bus companies should cover the costs of caring for migrants transported there amid litigation over Gov. Greg Abbott's "budget-breaking scheme" to influence immigration policy.
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May 02, 2024
Green Groups Want FEMA To Define 'Resiliency'
Environmental advocacy and consumer groups sued the Federal Emergency Management Agency in D.C. federal court Thursday, alleging the agency is way past its deadline to initiate rulemaking to define "resilient."
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May 02, 2024
New EU, Japan Initiative Looks To Boost Global Supply Chains
Japan and the European Union on Thursday announced a new initiative aimed at alleviating the economic dependence countries may have on others for certain goods by boosting global supply chains through transparency and coordination with like-minded countries.
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May 02, 2024
Ohio City Targets EPA Over 'Foul-Smelling Scum' On Lake Erie
An Ohio city, a county board and a nonprofit want the U.S. Environmental Protection Agency to live up to its responsibility to stop "foul-smelling scum" from building up in western Lake Erie, according to a federal lawsuit.
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May 02, 2024
Dem Sens. Urge Biden To Keep Or Hike China Steel Tariffs
A coalition of Democratic U.S. senators has urged the Biden administration to keep or raise tariffs on Chinese steel, saying China has been manipulating steel prices and lowering the tariffs would be harmful to the U.S. industry.
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May 02, 2024
11th Circ. Lets Georgia Island Dock Lawsuit Proceed
A Georgia conservation group can resume its challenge to federal approval of a private pier on Cumberland Island after a divided Eleventh Circuit panel said regulators could conduct a more rigorous environmental review even though the dock was already built.
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May 02, 2024
Calif. Justices To Review Gilead's HIV Drug Negligence Fight
The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.
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May 02, 2024
State Legislators Urge Feds To Change Cannabis' Status
A coalition of state lawmakers on Thursday urged the heads of the U.S. Department of Justice and its drug enforcement agency to prioritize changing cannabis' status as a highly restricted drug.
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May 02, 2024
DOL Hit With First Lawsuit Over New Investment Advice Regs
The U.S. Department of Labor was hit with a lawsuit Thursday in Texas federal court seeking to invalidate recently finalized regulations that broaden who qualifies as a fiduciary under the Employee Retirement Income Security Act, marking the first-filed legal challenge since the agency's late-April final release.
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May 02, 2024
Colo. Panel Says COVID Can Trigger Workers' Compensation
A Colorado appellate court panel on Thursday ruled for the first time that COVID-19 can be considered an "occupational disease" under the state's workers' compensation law and affirmed the award of benefits to a woman whose husband died of the novel coronavirus while working at a skilled nursing facility.
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May 02, 2024
Stabenow's Farm Bill Includes ReConnect Program
Sen. Debbie Stabenow, D-Mich., chair of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, released her framework of the Farm Bill on Wednesday, which includes a rural broadband program that advocates have been wanting to become permanent.
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May 02, 2024
US Wants To Forfeit $1.55M Landing Gear Bound For Russia
The U.S. Department of Justice has filed a forfeiture action against a $1.55 million set of aircraft landing gear for a Boeing 737-800 that the government confiscated in Miami and says was purchased for a Kyrgyz Republic-based company servicing the Russian government in violation of U.S. economic sanctions.
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May 02, 2024
Split Conn. Supreme Court Says No To 'Ratio' Utility Bills
In a rare 4-3 opinion, the Connecticut Supreme Court on Thursday ruled that a corporate landlord cannot use a ratio utility billing system to divide monthly costs among units not equipped with precise individual meters, stressing a legislative policy of protecting tenants from fluctuating fees beyond their immediate control.
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May 02, 2024
Mass. Property Is Agricultural, Appellate Board Says
A 14-acre property should be classified as agricultural, as the owner proved the land's main use was farming, the Massachusetts Appellate Tax Board said in a ruling released Thursday.
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May 02, 2024
Wyden Pushes Intuit To Help Users Get Refunds After Error
The Senate's top tax writer told Intuit's CEO that the company needs to help taxpayers in Oregon, the senator's home state, receive the full refunds they're entitled to after a reported error in its TurboTax product caused some Oregonians to overpay their state taxes.
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May 02, 2024
Broadcast Cos. Demand Oversight Of Sports TV Joint Venture
Broadcasters and competition advocates on Thursday pressed lawmakers to hold hearings on the pay-television industry, warning that a planned sports streaming venture between Disney, Fox and Warner Bros. Discovery threatens to "dominate" the market.
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May 02, 2024
Ex-FTX Boss Ryan Salame To Give Up $5.9M Bahamas House
Ryan Salame, the former co-chief executive of FTX Digital Markets, an affiliate of bankrupt cryptocurrency exchange FTX Trading Ltd., has agreed to transfer a $5.9 million house he owns in the Bahamas to FTX in lieu of paying the firm restitution over fraudulent political donations, according to a Wednesday motion.
Expert Analysis
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Why RWI Insurers Should Consider Excluding PFAS
As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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What To Expect From The DOL's Final Overtime Rule
The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Employer Considerations Before Title IX Rule Goes Into Effect
While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.
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Expect Tougher Bank Exams 1 Year After Spring 2023 Failures
With federal banking agencies still implementing harsher examinations with swifter escalations a year after the spring 2023 bank failures, banks can gain insight into changing expectations by monitoring how the Federal Reserve Board, Office of the Comptroller of Currency and Federal Deposit Insurance Corp. are coordinating and updating their exam policies, say attorneys at Debevoise.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.