The Tenth Circuit slammed a Colorado federal court Tuesday for abusing its discretion by halting implementation of the Trump administration's narrowed Clean Water Act in Colorado, since the state did not show it would "suffer irreparable injury" without the preliminary injunction.
Four months into her new job as the register of copyrights, Shira Perlmutter sat down with Law360 to chat — about building a small claims court from scratch, possible changes to the Digital Millennium Copyright Act and the need to never stop modernizing.
President Joe Biden said Tuesday that a manufacturing partnership between Johnson & Johnson and Merck, arranged by activating the Defense Production Act, will boost coronavirus vaccine supplies enough by the end of May to jab every U.S. adult.
The U.S. Supreme Court grilled Democratic and Republican advocates Tuesday on how much weight to give the impact of two Arizona voting laws on minority voters, trying to find a coherent approach to applying two awkward provisions of the Voting Rights Act.
The Senate easily confirmed Gina Raimondo as Commerce secretary on Tuesday despite some Republican opposition over the Biden administration's stance on China and the technology company Huawei.
The Texas judiciary's COVID-19 restrictions will remain unaffected even after Texas Gov. Greg Abbott announced Tuesday that "it's now time to open Texas 100%" and rescind the state's mask mandate and 75% capacity on businesses.
A civil rights watchdog group filed a federal lawsuit Tuesday against an Allegheny County, Pennsylvania, judge, claiming he has violated the Constitution by not allowing it virtual access to observe proceedings in his Pittsburgh courtroom despite directives from court administration to do as much as possible via phone and videoconference.
BANKING & SECURITIES
President Joe Biden's nominee to lead the U.S. Securities and Exchange Commission, Gary Gensler, vowed Tuesday to take a closer look at the GameStop trading frenzy, climate disclosures and board diversity during a relatively tame Senate hearing on his confirmation.
Hong Kong's securities watchdog and stock exchange have been advised to develop rules that would allow the listing of blank-check companies, which are shell entities that raise money for acquisitions, potentially enabling overseas expansion of a market that has boomed in the U.S.
ENERGY & ENVIRONMENTAL
House Democrats on Tuesday unveiled a sweeping climate change plan, proposing to eliminate the nation's greenhouse gas emissions by 2050, relying in part on a dramatic transition to 100% clean energy in the power sector in just 15 years.
Oil and gas companies will need to pivot hard and quick toward clean energy if they want any hope of surviving the seismic shift that the energy industry is heading toward, White House climate envoy John Kerry said Tuesday.
Chemicals distributor Brenntag Pacific Inc. has agreed to pay a $128,265 fine as part of a settlement for failing to produce accurate reports regarding the import of nine different chemicals, the U.S. Environmental Protection Agency announced Tuesday.
A group of 16 state attorneys general say the Trump administration ignored relevant evidence and science when it decided not to strengthen ozone air quality standards last year, and has asked the Biden administration to rethink those policies.
The Biden administration should not be allowed to pause litigation over Trump-era vehicle emissions standards because the harm caused by the regulations must be addressed as soon as possible, environmental groups and a coalition of states and local governments told the D.C. Circuit Monday.
3M Co. told a Michigan federal court that a lawsuit filed by Michigan's attorney general against manufacturers and sellers of polyfluoroalkyl substances called PFAS touches on work done at the behest of the federal government and the matter should therefore be heard in federal court.
HEALTH & LIFE SCIENCES
Florida seems poised to quickly pass a COVID-19 liability shield as its legislative session starts this week, despite critics' concerns the current proposals go too far or might even produce unintended consequences that could end up hurting the businesses and health care providers they're intended to protect.
A bevy of hospital trade groups asked a New Jersey federal court Tuesday if they can intervene in lawsuits brought by Sanofi-Aventis and Novo Nordisk challenging the U.S. Department of Health and Human Services' view that drugmakers must give discounts to pharmacies serving low-income areas.
State leaders enhanced their vaccination efforts this past week as cases and hospitalizations declined, leading to additional sites in Florida and Illinois and initiatives to reach underserved communities in Massachusetts and New York.
IP & TECHNOLOGY
The deep divide among the full Federal Circuit about whether an American Axle driveshaft patent should have been invalidated for claiming a natural law is proof the circuit is "crying out" for help, attorneys said in one of many amicus briefs asking the U.S. Supreme Court to take up patent eligibility law.
MEDIA & ENTERTAINMENT
An appellate court in Dallas has vacated a $1.2 million award won by a dentist who claimed his bottom line was hurt by a Yelp post shaming him for not paying a marketing company he hired, ruling a deal to end the contract dispute also nipped the Yelp review claims in the bud.
A New York federal judge awarded Gibson Dunn & Crutcher LLP lawyers roughly $600,000 in attorney fees and costs Monday for their representation of a vacation rental company in its successful fight against a New York City rental ordinance law.
EMPLOYMENT & BENEFITS
The U.S. Department of Labor announced Tuesday that it is delaying the effective date of an independent contractor classification test it rolled out near the end of former President Donald Trump's term, pushing the date back from March 8 to May 7.
The National Labor Relations Board has weighed in for the first time on a challenge to the legality of the appointment of the board's acting general counsel, dodging a ruling on the substance of the issue by saying a shipping company made its arguments prematurely.
The U.S. Department of Labor's federal contractor watchdog on Tuesday canceled a Trump administration directive that allowed the agency to evaluate contractors for compliance with specific legal authorities governing anti-discrimination practices.
A Senate official has confirmed that Congress can include a fix for the $81.2 billion union pension funding crisis in its coronavirus relief bill, which is moving through Congress via a special fast-tracked process reserved for budget-related legislation.
Philadelphia's test for firefighter applicants violates city law because it is not relevant to the job and not capable of providing a competitive ranking of prospective candidates, a city firefighters' union alleged in a lawsuit filed in Pennsylvania court.
CYBERSECURITY & PRIVACY
The federal government's level of cybersecurity has "regressed" since 2019 due in part to the White House failing to appoint a single leader responsible for rolling out its national cybersecurity program, a congressional watchdog said Tuesday.
Virginia Gov. Ralph Northam on Tuesday signed into law a sweeping consumer privacy bill that will restrict how businesses handle and share personal data beginning in 2023, making the state the second behind California to put in place such protections.
AEROSPACE & DEFENSE
Sen. Tammy Duckworth, D-Ill., has urged the Biden administration to release a declassified intelligence assessment looking into whether Russia offered bounties for killing U.S. troops in Afghanistan, saying the public needed to know the truth of the claims.
The U.S. has sanctioned Russian officials and institutions over the 2020 poisoning and subsequent imprisonment of opposition leader Alexei Navalny, the Biden administration said Tuesday.
In a distinct reversal of position, the acting U.S. solicitor general told the U.S. Supreme Court the federal government no longer believes a California law requiring charitable organizations to disclose tax information about their largest donors is outright unconstitutional.
Advocates inundated the docket this week in a U.S. Supreme Court case concerning green cards for certain temporary protected status holders, with groups including Harvard University and the Service Employees International Union backing permanent residency for all TPS recipients.
A group of businesses that raise money from foreign investors seeking visas through the EB-5 program sued the government in D.C. federal court Tuesday in a bid to block a new policy that restricts the redeployment of EB-5 investment funds to certain preapproved geographic areas.
Senator John Thune, R-S.D., reintroduced legislation that would free up to thousands of extra H-2B guest worker visas separate from the annual 66,000 visa cap for states with low unemployment rates.
A New Jersey county urged the Third Circuit to nix a state policy restricting the information it can share with U.S. Immigration and Customs Enforcement, saying the directive illegally "frustrates" local officials' compliance with federal immigration enforcement actions.
A bond services company that caters to individuals leaving immigration detention asked a Virginia federal court to nix a suit alleging predatory business practices, calling the Consumer Financial Protection Bureau and state claims "hyperbolic, inaccurate, and flat-out false."
Jones Day has announced that it has launched a new practice that will focus on representing clients facing investigations, litigation and general enforcement by state attorneys general.
A Texas appeals court late Monday night put a stop to what was supposed to be a two-day hearing where former high-ranking attorneys at the Texas Attorney General's Office argued for reinstatement to their positions while they pursue claims they were fired for reporting their boss' alleged abuse of office.
The federal government has backed a Minnesota tribe seeking to empower its police officers on tribal lands, saying the Mille Lacs Band of Ojibwe's reservation, established through an 1885 treaty, has never been diminished.
The Pueblo of Laguna tribe on Tuesday opened a new community health center in central New Mexico, the proposal for which prompted the Indian Health Service to seek to downsize a local hospital, a plan currently stalled in federal court.
Sen. Ed Markey, D-Mass., signaled Tuesday that he'll soon reintroduce his net neutrality legislation that would bar internet service providers from slowing, blocking or charging extra for access to web content.
Virginia would legalize adult-use recreational cannabis sales and impose a 21% statewide excise tax to help support state programs and communities historically affected by drug enforcement and criminalization under a bill passed by the state legislature.
Three bills to legalize and tax cannabis were introduced in the Florida Senate, days after similar measures were introduced in the state's House of Representatives.
A group of tobacco companies has told the Ninth Circuit that Los Angeles County's ban on flavored vapes was preempted by the federal Tobacco Control Act, urging the court to reverse a lower court's decision to toss their suit against the county.
Provisions in the recently introduced U.S. Citizenship Act that aim to reduce the employment-based green card backlog and attract STEM students are welcome business immigration reforms, but the business community is skeptical of its more restrictive provisions, say attorneys at Akin Gump.
The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.
The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.
More than 200 law students have pledged to boycott Seward & Kissel LLP over what they called the "unethical private" prosecution of attorney Steven Donziger, the latest salvo in a growing movement from students and activists to place pressure on corporate law firms over their representation and internal policies.
The New York City Bar Association supports investigating whether Rudy Giuliani should be sanctioned and potentially lose his legal license for allegedly promoting false voter fraud claims while he headed former President Donald Trump's efforts to overturn the 2020 election results, the organization announced Tuesday.
An auto parts supplier that successfully defended against a suit by a nurse claiming she co-invented its seatbelt patent had its attorney fee motion rejected last week by a federal court, despite the auto company's lawyers at Nelson Mullins disclosing the rates they billed in the case.
The U.S. Department of Justice official who led a landmark enforcement action accusing Google of stifling competition in order to maintain a monopoly in search and search advertising is joining Shearman & Sterling LLP as an antitrust partner.
Simpson Thacher & Bartlett LLP is bringing on Blackstone's Europe, Middle East and Africa general counsel as a partner in its London office, the firm announced Tuesday, the latest high-profile addition in a string of transactional hires the firm has made in recent months.
The NHL's Vegas Golden Knights on Monday said the team had tapped a former in-house attorney for Qdoba and the parent company of Hardee's as its chief legal officer.
Wednesday, March 3, 2021
Public Policy Law 360. March 3, 2021
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