Public Policy

  • March 01, 2024

    Gov't Says AI Patent Gap Between US And China Is Growing

    A report by a U.S. federal agency says that people living in China have been granted more patents than people living in the U.S., and the latest figures suggest an especially widening gap in patents issued over artificial intelligence.

  • March 01, 2024

    Wash. Judge Doubts Public Was Shut Out Of Shelter Plan

    A Washington state appellate judge on Friday asked opponents of a plan to turn a hotel near Seattle into a shelter for homeless people why a pair of community meetings weren't enough to meet King County's obligation to listen to public feedback. 

  • March 01, 2024

    Wealthy Calif. City Fighting Uphill In 'Builder's Remedy' Suit

    Attorneys for a pro-housing group and a real estate developer praised a Los Angeles judge's tentative ruling Friday that a wealthy suburb violated a state housing law by rejecting a development that would include low-income units, but urged him to find the decision was made in bad faith.

  • March 01, 2024

    3rd Circ. Preview: Exxon Whistleblower Case Fuels March

    Headlining the list of Third Circuit arguments in March is a bid from a pair of ExxonMobil whistleblowers to have the courts recognize an Occupational Safety and Health Administration order reinstating their jobs after they were fired following a press report mirroring internal complaints they made about the company's alleged misjudgment of energy output in the Delaware River Basin. 

  • March 01, 2024

    Honduras Tells World Bank It's Denouncing ICSID Convention

    The World Bank said it has received a notice of denunciation from the Republic of Honduras regarding the financial institution's International Centre for Settlement of Investment Disputes and its treaty ratified by 158 contracting states to uphold and enforce arbitral awards.

  • March 01, 2024

    USPTO Wants To Make Patent Amendment Pilot Official

    The U.S. Patent and Trademark Office plans to formalize its pilot program assisting patent owners in amending challenged claims, according to a Federal Register notice on Friday.

  • March 01, 2024

    LGBTQ+ Org. Seeks To Ward Off Paxton's Documents Demand

    An LGBTQ+ advocacy group has sued Texas Attorney General Ken Paxton and his office over a civil investigative demand for documents in connection with a state law banning gender-affirming care for transgender youths, saying the demand violates the organization's and its members' constitutional rights.

  • March 01, 2024

    DOJ Defends Broad Enron Law Reading In Capitol Riot Suit

    A federal law that makes it a crime to "corruptly" obstruct an official proceeding was intended as a "catchall offense" and can be used to prosecute participants in the Jan. 6, 2021, riot at the U.S. Capitol, the federal government told the U.S. Supreme Court.

  • March 01, 2024

    SD Indian Child Advisory Council Bill Awaits Gov.'s Signature

    A South Dakota bill to form an advisory council to confer on the welfare of Native American children in foster care has passed in the state's Legislature and been delivered to Gov. Kristi Noem for her signature, but a key lawmaker doubts that the governor will sign it.

  • March 01, 2024

    Wash. Seeks Injunction To Force GEO ICE Prison Inspections

    The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.

  • March 01, 2024

    WTO To Wind Down Block On Digital Trade Tariffs

    World Trade Organization members agreed Friday to maintain a long-running block on tariffs for electronic transmissions for two more years before allowing it to permanently expire, a compromise outcome that is unlikely to satisfy American businesses.

  • March 01, 2024

    DC Circ. Revives BuzzFeed's Bid For HSBC Laundering Report

    The D.C. Circuit handed former BuzzFeed reporter Jason Leopold a win Friday, reviving his fight to unseal a 2015 report on money laundering at HSBC Bank and remanding the Justice Department's earlier district court summary judgment win in the case.

  • March 01, 2024

    Trump Challenges Origins Of Prosecution In Fla. Docs Case

    The special counsel's office prosecuting Donald Trump's criminal case on mishandling classified documents told the Florida federal judge overseeing the case on Friday that his attorneys don't have a viable claim challenging the origins of the prosecution team, arguing that intelligence agencies had no role in determining the charges against the former president.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    Justices' Trump Immunity Ruling Could Delay Trial Indefinitely

    The U.S. Supreme Court's decision to review former President Donald Trump's claim that he's immune from prosecution for allegedly interfering in the 2020 presidential election could indefinitely delay a trial in the case, attorneys say, by raising additional questions that the courts must answer first.

  • March 01, 2024

    Pa. Supreme Court Snapshot: Judge's Side Gig Vexes Tax Row

    In its first argument session of 2024, the Supreme Court of Pennsylvania will once again have seven justices on the bench to hear cases concerning issues like a judge taking a second job, following last year's elevation of Superior Court Judge Daniel D. McCaffery to fill the vacancy left by the death of former Chief Justice Max Baer in 2022.

  • March 01, 2024

    DC Circ. Says EPA Went Too Far In Voiding State Air Plans

    The D.C. Circuit on Friday handed the U.S. Environmental Protection Agency a mixed bag regarding its authority to veto state air pollution plans, finding some state policies that exempt polluting facilities during startup, shutdown and malfunction phases are acceptable under the Clean Air Act, while others are not.

  • March 01, 2024

    Conn. Lawmakers OK $25.2M Deal For 2 Jailed In 1985 Killing

    The Connecticut General Assembly's bipartisan joint judiciary committee on Friday unanimously approved a $25.2 million settlement for two men who lawmakers agreed were improperly incarcerated for more than 30 years after a chain of failures led to wrongful convictions in a December 1985 New Milford murder.

  • March 01, 2024

    Energy Dept. Halts Crypto Mining Survey To End Industry Suit

    The crypto industry group challenging a U.S. Department of Energy survey on crypto mining has reached an agreement that will see the government offices destroy any data they've already collected and circulate the survey for comment from stakeholders — a step the crypto players say the government improperly bypassed the first time around.

  • March 01, 2024

    Tort Report: $42M Med Mal Award; Hot Coffee Suit In The Air

    A suit over hot coffee spilled at 40,000 feet and the affirmation of a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • March 01, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.

  • March 01, 2024

    9th Circ. Won't Stay Oregon Kids' Climate Case, For Now

    The Ninth Circuit has shot down the U.S. Department of Justice's attempt to pause an Oregon federal judge's decision to allow a lawsuit brought by youths alleging the government's energy policies imperil their future by exacerbating climate change. 

  • March 01, 2024

    State AGs Say SEC's Kraken Case Treads On State Authority

    Attorneys general from eight states have told a California federal judge that the theory used by the U.S. Securities and Exchange Commission in its enforcement case against crypto exchange Kraken could potentially preempt state laws for consumer protection.

  • March 01, 2024

    'Texas Heartbeat Act' Civil Enforcement Suit Can Proceed

    A Texas state appellate court sided with a woman weighing civil action against the Texas Equal Access Fund, saying Thursday that the recent "sea change" in abortion law doesn't upend the so-called Texas Heartbeat Act's enforcement mechanisms, and the woman has the right to determine whether she will sue the reproductive rights advocacy organization.

  • March 01, 2024

    'We Don't Know If They Prejudged Meta,' Judge Says Of FTC

    The D.C. federal judge handling Meta's case attacking the Federal Trade Commission's constitutionality and its efforts to reopen a 2020 privacy settlement balked Friday at preliminarily stopping the agency from banning the monetization of children's data.

Expert Analysis

  • Demystifying IRS' Claims Of $851B Return On Investment

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    The IRS' recently released analysis, estimating a $851 billion return on the government’s $80 billion investment in the agency, represents a huge increase over its 2022 estimate and that of the Congressional Budget Office and may be best viewed as a best-case scenario, says Joyce Beebe at the Baker Institute.

  • Conn. Data Privacy Enforcement Takeaways For Cos.

    In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Opinion

    NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

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    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • Opinion

    OFAC Should Loosen Restrictions On Arbitration Services

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    The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Basics Of Bank Regulators' Push For Discount Window Use

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    As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.

  • Proposed Hydrogen Tax Credit Regs May Be Legally Flawed

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    While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • How Broker-Dealers Can Prepare For New Remote Work Rules

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    Securities regulators recently expanded broker-dealers' ability to permit flexible remote working arrangements through the introduction of residential supervisory locations, a welcome change that better allows broker-dealers to attract and retain talent, say attorneys at King & Spalding.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

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