Public Policy

  • February 22, 2024

    Russian Pleads Guilty, 3 Indicted In $150M Laundering Scheme

    A federal grand jury in Atlanta has indicted Moscow-based consulting firm KSK Group and two of its employees for conspiring with a Russian man who pled guilty this month to operating an unlicensed money-transmitting business.

  • February 22, 2024

    Feds Say Russian Citizens Laundered Cash With Fla. Condos

    Federal officials in South Florida announced Thursday that they have initiated forfeiture proceedings against two condominium units located in Miami, saying that they're owned by a pair of Russians who were prohibited from owning U.S. property due to the 2014 invasion of Crimea in Ukraine.

  • February 22, 2024

    Ex-FBI Source Charged With Biden Bribery Lies Is Rearrested

    The former FBI informant charged with fabricating reports that President Joe Biden and his son took $10 million in bribes from a Ukrainian energy company was rearrested Thursday morning in Las Vegas, as prosecutors fight to undo his bail in the California federal criminal case.

  • February 22, 2024

    Wash. Tribe Awarded Land Comp Funds After 50-Year Battle

    In a decision the Chinook Indian Nation on Thursday called groundbreaking for other Indigenous communities, the federal government determined that the tribe will receive more than $48,000 from an Indian Claims Commission judgment handed down half a century ago as compensation for the seizure of the tribe's ancestral lands.

  • February 22, 2024

    Texas Developer Battles DOJ's 1st Predatory Mortgages Suit

    A Texas land developer is fighting back against a high-profile predatory lending lawsuit filed by the U.S. Department of Justice and Consumer Financial Protection Bureau, telling a Houston federal judge that the government's "reverse redlining" theory isn't legally sound and relies on sloppy loan comparisons.

  • February 22, 2024

    Commerce's Intransigence Spurs 2nd Xanthan Gum Remand

    The U.S. Department of Commerce's continued refusal to provide a Chinese xanthan gum producer a chance to correct its customs data before issuing penalties called for a second remand in the case, a U.S. Court of International Trade judge ruled Thursday.

  • February 22, 2024

    Wash. AG Seeks $1.2M In Damages For Debt Collector's Errors

    A debt collection company should pay more than $1.2 million after it "didn't even come close to complying with the law" while recovering medical debt payments for a hospital in Washington, the state attorney general's office told a judge during a bench trial Thursday.

  • February 22, 2024

    Lawmakers Press Big Banks On Muslim Discrimination Claims

    A group of five Democratic lawmakers on Thursday pressured the leaders of JPMorgan Chase, Bank of America, Wells Fargo and Citibank for information on how they work to prevent discrimination in banking, pointing to media reports of "de-risking" practices that target Muslim Americans.

  • February 22, 2024

    Feds Back Fed. Circ. Deference To Trump Solar Duty Change

    The Biden administration urged the full Federal Circuit not to rehear energy companies' challenge to modified safeguard duties on solar goods, disagreeing with the importers' contention that a panel gave former President Donald Trump too much deference when allowing the safeguards.

  • February 22, 2024

    FTC Lands $16.5M Privacy Deal Over Avast's 'Bait-And-Switch'

    Cybersecurity software provider Avast LLC will pay $16.5 million and be banned from selling web browsing data for advertising purposes to resolve the Federal Trade Commission's claims that the company sold this information to more than 100 third parties despite promising to protect consumers from online tracking, the agency announced Thursday.

  • February 22, 2024

    Feds Can't Keep Depositions In Family Separation Suit Private

    A California federal judge ruled Thursday that the U.S. government can't keep deposition transcripts private in a lawsuit by families separated at the border during the Trump administration, saying no harm would come from making them public.

  • February 22, 2024

    Exxon Wants To Press Forward With Activist Investor Case

    ExxonMobil Corp. says it should be allowed to move forward with a lawsuit against a pair of activist investors who proposed that the company speed up the pace of its greenhouse gas emission reductions, arguing that the investors' decision to withdraw the proposal will not prevent a similar one from being filed in the future.

  • February 22, 2024

    NY Offshore Wind Project Gets Final Green Light From Feds

    The Biden administration said Thursday it has approved the Empire Wind offshore wind energy project's construction and operations plan, clearing the way for construction of two wind facilities off the coast of Long Island, New York.

  • February 22, 2024

    Wildlife Group Sinks USDA Agricultural Wetlands Rule

    A D.C. federal judge on Thursday ruled that the U.S. Department of Agriculture inappropriately altered its program designed to stop the development of wetlands on farmland and struck down those regulations.

  • February 22, 2024

    Justices Urged To Affirm Limits On Mifepristone Access

    The Alliance for Hippocratic Medicine filed a brief in its U.S. Supreme Court case over the abortion medication mifepristone on Thursday, saying the U.S. Food and Drug Administration unlawfully rolled back various safeguards for accessing the pill, such as an in-person doctor's visit requirement.

  • February 22, 2024

    'Gullible' Lender Wins $2.8M Judgment Against Cannabis Co.

    A businessman who pitched opening a "lucrative cannabis operation" to a lender must pay back the $2.8 million borrowed, a Los Angeles County judge ruled, saying the entrepreneur took "advantage of" the financier's "lack of business sophistication."

  • February 22, 2024

    EPA Puts $5.8B On Tap For Water Infrastructure Projects

    The Biden administration said it's making $5.8 billion available to help pay for water projects around the U.S., steering millions of dollars to states and territories to help overhaul drinking water infrastructure, and wastewater and stormwater systems.

  • February 22, 2024

    Harris County Cites 'Major Flaw' In Agency's Concrete Permits

    Harris County on Thursday announced it was suing the Texas Commission on Environmental Quality over January amendments to permitting requirements for concrete plants, writing that while the regulations could improve air quality for Houston residents, the agency added a "major flaw" by giving plants up to 10 years to comply.

  • February 22, 2024

    ISP Liaison Must Monitor Digital Equity Compliance, FCC Told

    Civil rights advocates are urging the Federal Communications Commission to adopt a rule requiring that internet service providers appoint liaisons to serve as contact points for communities and file annual reports detailing compliance with digital non-discrimination rules.

  • February 22, 2024

    NLRB Joint Employer Rule Delayed Again Amid Biz Challenge

    A Texas federal judge on Thursday delayed until March an imminent National Labor Relations Board rule change that will make it tougher for employers to show they are not joint employers while the court mulls a business coalition's challenge.

  • February 22, 2024

    Conn. AG Defends $10M Remedy Bid Against Nursing School

    The state of Connecticut on Thursday defended its request to collect a $10 million litigation placeholder from a shuttered nursing school, arguing state regulators were correct to take action against the troubled institution despite the school's strenuous assertions that the attorney general's office is wrong on many facts.

  • February 22, 2024

    Mass. Medical Regulator Seeks Pregnancy Center Records

    A group of pregnancy crisis centers in Massachusetts and their medical director have been hit with a civil investigative demand by the state's medical board, which says it is looking into allegations the clinics "may be engaging in deceptive practices" and allowing unlicensed employees to perform ultrasounds and other procedures.

  • February 22, 2024

    Comerica Brass Sued Over Benefit Cards Contract Oversight

    Executives and directors of financial services company Comerica were hit with a shareholder derivative suit alleging they failed to disclose the company was mismanaging a lucrative government benefits card program by allowing sensitive data to be handled at an international vendor's office.

  • February 22, 2024

    Charter Argues For Tough IoT Security Authentication

    As the Federal Communications Commission prepares to vote next month on a "U.S. Cyber Trust Mark" for Internet of Things devices, cable giant Charter said the FCC should require that eligible devices maintain secure access controls.

  • February 22, 2024

    Biz Group Urges OECD Candidates To Back Digital Duties Ban

    The U.S. Council for International Business urged countries vying to be members of the Organisation for Economic Co-operation and Development to support a global moratorium on digital tariffs that is set to expire in a week.

Expert Analysis

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • US-Chile Tax Treaty May Encourage Cross-Border Investors

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    Provisions in the recently effective U.S.-Chile bilateral income tax treaty should encourage business between the two countries, as they reduce U.S. withholding tax on investment income for Chilean taxpayers, exempt certain U.S. taxpayers from Chilean capital gains tax, and clarify U.S. foreign tax credit rules, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

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