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TOP NEWS 10th Circ. Says Court Abused Discretion With Clean
Water Act 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.
Feature New Copyright Boss Talks Small Claims Court, DMCA
Reforms 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. After J&J-Merck Deal, Biden Vows Vaccines For All
By May 31 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.
Justices Mull If Minority Impact Dooms Ariz. Voting
Laws 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. Senate Confirms Raimondo To Lead Commerce Dept. 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.
Texas Reopening Won't Curb Courts' COVID-19
Restrictions 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.
Pittsburgh Judge Sued For Lack Of Virtual Court Access
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 GameStop, Diversity Policies Dominate Gensler's SEC
Hearing 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 Explores Allowing Blank-Check Listings
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 Dems Unveil Plans For Net-Zero Emissions By 2050 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. John Kerry Tells Oil Cos. To Go Green Or Be Left Behind
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. EPA Hits Chem Co. With Fine For Toxic Substances
Violations 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.
NY, Calif. Lead 16-State Push For Stronger Ozone
Protections 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.
States, Greens Slam Stay Bid In Auto Emissions
Challenge 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 Says Michigan's PFAS Suit Belongs In Federal Court
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's Rush To Pass COVID-19 Liability Shield May
Backfire 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.
Hospital Groups Want To Join Fight Over Drug Discount
Rule 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.
Coronavirus Regulations: A State-By-State Week In
Review 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 Justices Told Fed. Circ. 'Crying Out' For Patent
Eligibility Help 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 Texas Court Yanks Dentist's $1.2M Win For Bad Yelp
Review 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.
REAL ESTATE Gibson Dunn Gets $600K Fee Award In HomeAway-NYC Spat
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 DOL Delays Trump's Last-Minute Independent
Contractor Rule 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.
NLRB Nixes Challenge To Ohr's Appointment As Premature
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.
OFCCP Strikes Trump-Era 'Focused Reviews' 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. $81.2B Rescue For Union Pensions Greenlit For COVID-19
Bill 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.
Union Says Philadelphia Firefighters' Test Too
Subjective 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 Watchdog Says US Gov't Cybersecurity 'Regressed' Since
'19 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. Va. Becomes 2nd State To Enact Consumer Privacy Law
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. Urges Gov't To Declassify Russian Bounty
Assessment 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.
INTERNATIONAL TRADE US Imposes Sanctions On Russia Over Navalny Poisoning
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. TAX SG Flips High Court Stance On Scrutiny In Donor Privacy
Row 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.
IMMIGRATION TPS Green Card Case Draws Flood Of Support At
High Court 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.
EB-5 Biz Groups Sue Feds Over New Investment
Restrictions 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.
GOP Senator Seeks More H-2B Visas Under Proposal 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.
NJ County Asks 3rd Circ. To Ax Immigrant Info-Sharing
Curbs 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.
Co. Slams CFPB's 'Hyberbolic' Immigration Bond Suit
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."
WHITE COLLAR Jones Day Creates Practice Focusing On State AG Probes
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.
Texas Appeals Court Stops Paxton Whistleblower Hearing
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.
NATIVE AMERICAN Feds Back Mille Lacs Tribe In Reservation Boundary
Fight 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.
NM Tribal Health Clinic Opens Amid Fight To Save
Hospital 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. TELECOMMUNICATIONS Expect Net Neutrality Bill To Resurface Soon, Markey
Says 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. CANNABIS Va. Legislature Approves Recreational Cannabis, Tax On
Sales 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.
Fla. Sens. Introduce Cannabis Legalization, Taxing
Proposals 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.
LA's Flavored Vape Ban Unconstitutional, 9th Circ.
Hears 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.
EXPERT ANALYSIS Inside The Immigration Reform Bill's Business
Provisions 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.
3 Degrees Of Legalization Show True Prevalence Of
Cannabis 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. Remote Working Tips For Lawyer Trainees And Their Firms
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. LEGAL INDUSTRY Law Student Activism Heats Up: Is BigLaw Listening?
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. NYC Bar Supports Giuliani Probe Over Work For Trump
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. Attys' Rates Disclosure Doesn't Help Client Win Fee Bid
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. DOJ Official Who Led Google Antitrust Probe Joins
Shearman 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 Hiring Spree Continues With Blackstone
GC 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. NHL's Vegas Golden Knights Score Ex-Qdoba Atty For CLO
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.
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