Public Policy

  • April 19, 2024

    Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told

    As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.

  • April 19, 2024

    Banking Boss Seeks First Bite In Lawyer-Linked Debt Services

    Connecticut's banking commissioner says a trial court judge misapplied case law by sidelining his authority to investigate complaints against a debt collection operation attached to a law firm, saying his office should be the first to decide whether he or the judicial branch has authority over the matter.

  • April 19, 2024

    TCPA Only Protects Consumers, Fax Co. Worker Says

    One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued told a Colorado federal court.

  • April 19, 2024

    Thai Co. Pays $20M For 'Egregious' Iran Sanctions Violations

    Thai-based SCG Plastics will pay $20 million to resolve claims it committed over 460 "egregious" violations of Iranian sanctions by causing U.S. banks to process $291 million in wire transfers in connection with the sales of high-density polyethylene resin made in Iran, as well as obscuring the resin's origin in shipping documents.

  • April 19, 2024

    DOI Bans New Mining Claims On 4,200 Acres Of NM Land

    The U.S. Department of the Interior has closed down any new mining claims for the next 50 years on 4,200 acres in Sandoval County, New Mexico, in an effort to protect the area with significant cultural ties to two Native American tribes.

  • April 19, 2024

    DC Circ. Won't Reverse Wash. Tribe's Recognition Order

    A D.C. Circuit panel rejected a bid by a Washington tribe to vacate an order denying it federal recognition for the fourth time while barring it from raising any further jurisdictional arguments to collaterally attack a lower court's dismissal of the case.

  • April 19, 2024

    DC Circ. Backs GOP Operative's Election Finance Conviction

    The D.C. Circuit on Friday upheld a political operative's conviction for illegally funneling money from a Russian businessman into Donald Trump's 2016 presidential campaign, ruling that a law enacted in the wake of the Enron accounting scandal can be used to prosecute certain campaign finance crimes.

  • April 19, 2024

    Sentence For Pandemic Funds Theft Seems To Split 2nd Circ.

    A three-judge panel of Second Circuit jurists seemed split Friday over whether a Connecticut man's eight-year prison sentence for stealing COVID-19 funds from the city of West Haven was too harsh, with one judge expressing skepticism and two hinting it was likely appropriate.

  • April 19, 2024

    Vegas Paper Wants Antitrust Suit Paused For Appeal

    The Las Vegas Review-Journal asked a Nevada federal judge to pause the Las Vegas Sun's antitrust suit against it, pending an appeal to the Ninth Circuit over the core agreement between the papers that the Review-Journal says the judge wrongly cleared.

  • April 19, 2024

    SpaceX Wants 'Flexible' Net Neutrality Rules For Satellites

    SpaceX is continuing its push for the rights of broadband providers to manage their networks, asking the Federal Communications Commission in a meeting this week to allow for a "flexible standard" as the commission's vote to reinstate net neutrality regulations approaches.

  • April 19, 2024

    Enviro Groups Say Federal Plan Threatens At-Risk Bats

    A coalition of environmental groups sued the U.S. Forest Service and the U.S. Fish and Wildlife Service on Thursday in North Carolina federal court alleging that a plan to allow logging in the Nantahala and Pisgah national forests will harm endangered bats on the brink of extinction.

  • April 19, 2024

    UN Should Eye Unitary Taxes, DSTs For Tax Pact, Report Says

    Governments should use the United Nations tax convention as an opportunity to advance the overhaul of nexus away from transfer pricing and toward formulary apportionment, including digital services taxes, to achieve unitary taxation on corporate profits, scholars at the Brookings Institution said Friday in a report.

  • April 19, 2024

    DOJ Can't Coordinate Google Ad Tech Discovery With Texas

    A Virginia magistrate judge on Friday denied a request from the U.S. Department of Justice to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    NY Lawmakers Approve Overhauling Cannabis Tax System

    New York is slated to scrap its potency-based tax system for adult-use cannabis and replace it with a more streamlined wholesale tax structure in June under a budget-related bill approved by state lawmakers.

  • April 19, 2024

    Fla. Can't Wage Real Estate War On Foreigners, 11th Circ. Told

    A group of Chinese citizens and a brokerage firm urged the Eleventh Circuit on Friday to block Florida from enforcing a law prohibiting certain foreign nationals from owning land while they challenge the statute's constitutionality, saying it's discriminatory and preempted by federal authority.

  • April 19, 2024

    Commerce Again Ordered To Back Chinese Flooring Duty Data

    The U.S. Court of International Trade on Friday ordered the U.S. Department of Commerce to again justify using Brazilian data when calculating duties for Chinese wood flooring, saying Commerce failed to back its decision with evidence for a second time.

  • April 19, 2024

    IRS Previews New Digital Assets Reporting Form

    The Internal Revenue Service released a draft of a form brokers will have to use for the first time to disclose their digital asset sales to the agency, including instructions for taxpayers whose transactions are subject to the reporting requirements. 

  • April 19, 2024

    NY Nixes Power Deals With Trio Of Offshore Wind Projects

    New York officials on Friday said they wouldn't offer power contracts to a trio of offshore wind projects, the latest setback for the Empire State in efforts to make offshore wind a key component of its clean energy future.

  • April 19, 2024

    NY AG Doubts Trump Insurer Can Cover $175M Bond

    The New York Attorney General's office told a Manhattan court Friday it has doubts about a California insurer's ability to cover a $175 million bond imposed on Donald Trump after a civil trial in which he was found responsible for conspiring to inflate his wealth for financial gain.

  • April 19, 2024

    Biden Administration Sharply Limits Drilling In Alaska Arctic

    The Biden administration on Friday issued new restrictions on oil and gas leasing across vast swathes of Alaska's Arctic while simultaneously ruling out construction of a controversial road state officials proposed to access mining areas in sensitive wilderness.

  • April 19, 2024

    Bankruptcy Bill Seeks To Aid Sex Abuse Victims

    A bill introduced in the U.S. House of Representatives would help sexual abuse victims by limiting the ability of their abusers to shield themselves by filing for bankruptcy, according to the bipartisan pair backing the proposed legislation.

  • April 19, 2024

    NY Scraps Proposal Impacting Local Broadband Networks

    Public broadband advocates are applauding a budget bill approved by New York's state Legislature that lacks previously proposed language they say would have weakened the state's rollout of locally owned wireless networks.

  • April 19, 2024

    Trump's Trial Is Unprecedented. Attys On Juries? Not So Much

    With two BigLaw attorneys tapped for the jury box in Donald Trump's first-in-history criminal case, Law360 spoke to trial vets who said their own experience in this tables-turned situation shows lawyers can make for highly engaged jurors under the right circumstances.

  • April 19, 2024

    Blumenauer: This 4/20 Will Be The Last For Schedule I Pot

    U.S. Rep. Earl Blumenauer, D-Ore., one of the most ardent champions of marijuana policy reform on Capitol Hill, said Friday that he was optimistic 2024 would be final year that cannabis would remain a Schedule I substance under federal law.

Expert Analysis

  • What's In OCC's Proposed Freedom Of Information Act Update

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    In this article, Christine Docherty at Goodwin discusses the Office of the Comptroller of the Currency's proposed amendments to its regulations implementing the Freedom of Information Act, and how these changes might align with guidance from other regulators.

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • What FERC's Disclosure Demands Mean For Cos., Investors

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    Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.

  • IRS Sings New Tune: Whistleblower Form Update Is Welcome

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    In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.

  • Strategies For Challenging A Fla. Grand Jury Report's Release

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    A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • Tenn. Law Protecting Artists From AI Raises Novel Issues

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    Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.

  • Consumer Privacy Takeaways From FTC Extraterritorial Action

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    With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.

  • FDIC Bank Merger Reviews Could Get More Burdensome

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    Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.

  • Calif. Housing Overhaul May Increase Pressure On Landlords

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    Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Navigating Kentucky's New Consumer Privacy Law

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    On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

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