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TOP NEWS Analysis Federal Highway Guidance No Power Line Project Panacea
The Biden
administration's push for power lines to be built alongside highways may help
address the siting issues and local opposition that frequently bedevil such
projects, but experts say guidance recently issued by federal transportation
officials is far from a silver bullet. Analysis CFPB May Fill Enforcement Gap After FTC's High Court
Loss As the
Federal Trade Commission looks for a way forward after its bruising encounter
with the U.S. Supreme Court last month, fintech firms and other non-banks
could see the Consumer Financial Protection Bureau step in to pick up
enforcement slack. Analysis FTC, DOJ Show No Sign Of Resuming Early Merger OKs
The U.S.
Department of Justice and the Federal Trade Commission said their suspension
of early ends to merger reviews wouldn't last long, but three months later,
the agencies have given no sign they'll soon restore the early terminations
granted to huge numbers of transactions.
3 Cos. Will Pay $4.4M Over Cribbed Net Neutrality
Comments Three
marketing companies will pay a combined total of $4.4 million to settle
claims that they flooded the Federal Communications Commission's net
neutrality docket with comments that used stolen identities, New York's
attorney general announced Thursday.
GOP Sens. Want Cuomo Probed Over Nursing Home Deaths
A group of
Republican U.S. senators on Wednesday called for a congressional probe of
embattled New York Gov. Andrew Cuomo over his alleged undercounting of
nursing home deaths due to the COVID-19 pandemic.
Trump Doc Subpoena Should Be Upheld, House Panel Says
A U.S.
House committee seeking former President Donald Trump's personal and business
financial records should be able to obtain the information now that he is no
longer in office, the panel told a D.C. federal court.
Florida's New Vote-By-Mail Restrictions Hit With
Multiple Suits Minutes
after Florida Gov. Ron DeSantis signed a bill Thursday that curbs mail-in
voting and increases voter identification requirements, the state drew legal
challenges from the NAACP, the League of Women Voters and others who claim
the new law disproportionately impacts Black, Latino and disabled voters'
ability to cast a ballot.
BANKING &
SECURITIES 5 Takeaways From Gensler's Debut In Congress As SEC
Chair Gary
Gensler made his first official appearance before Congress as the top U.S.
securities cop at a Thursday hearing, ostensibly geared toward so-called meme
stock trading, that lawmakers used as a temperature check for the regulatory
hawk's policy agenda. ENERGY &
ENVIRONMENTAL 9th Circ. Says National Forest Cattle Grazing Permits
Lawful The Ninth
Circuit reversed a lower court's decision Thursday and held that the U.S.
Forest Service rightfully imposed restrictions on cattle grazing operations
in Montana's largest national forest to protect streams and vegetation.
Biden Admin. Proposes Revoking Trump Migratory Bird
Rule The U.S.
Department of the Interior on Thursday proposed a rule to undo the Trump
administration's effort to curtail the federal government's power to
prosecute companies that kill federally protected migratory birds.
Orcas Threatened By Alaska Commercial Fishing, Group
Says The
federal government's approval of commercial fishing off the coast of Alaska
has put an endangered killer whale community at risk, and efforts to mitigate
that fact may be more of a hindrance than a help, an environmental group told
a Washington federal court Wednesday.
Texas Backs Florida's Bid To Overturn CDC Cruise Ban
In a move
to support the cruise industry during the COVID-19 pandemic, Texas has filed
a motion to intervene in Florida's suit seeking to block the federal
government from enforcing its now yearlong ban on cruises, following Alaska's
lead in looking to join the case.
HEALTH Embattled NJ Jail Agrees To Review Of COVID-19
Conditions A New
Jersey federal judge signed off Thursday on appointing a special master to
review conditions at the Cumberland County Jail under an agreement between
county officials and pretrial detainees in the inmates' proposed class action
over claims the facility has failed to adequately protect them against the
spread of the coronavirus. INTELLECTUAL
PROPERTY USPTO Eyes $1.17B In Unreleased Funds For Fee Relief
The U.S.
Patent and Trademark Office wants to get its hands on $1.17 billion collected
before the America Invents Act, in the hopes of expanding services and
limiting fee increases, the agency's chief financial officer said Thursday. SPORTS & BETTING Ohio Lawmakers Lob Sports Betting Legalization In New
Bill Online and
mobile sports betting could be coming to the Buckeye State as part of a
comprehensive gaming bill introduced by a group of Republican lawmakers
Thursday, which calls for as many as 40 licenses for online, mobile and
brick-and-mortar sportsbooks.
TRANSPORTATION &
INFRASTRUCTURE Judge Eyes Standing In Clash Over FAA's Flight Paths
Project A petition
to undo federal aviation regulators' decision to redraw flight paths in and
out of Denver International Airport and nearby airports faced skepticism
from a D.C. Circuit judge Thursday, who said the challengers have not
shown that they have Article III standing by demonstrating how the project
injured them.
REAL ESTATE Landlords, Trade Group Sue To Stop NY Eviction
Protections A group of
small New York landlords and a major trade association are seeking to stop
statewide eviction protections recently extended through August, claiming
Thursday that legislation signed by Gov. Andrew Cuomo this week is
unconstitutional.
EMPLOYMENT &
BENEFITS CalSavers Defeats ERISA Preemption Challenge In 9th
Circ. A Ninth
Circuit panel handed a victory to California's state-run retirement program
Thursday in a suit that had challenged its right to exist, ruling that the
state law that created CalSavers isn't canceled out by the federal Employee
Retirement Income Security Act.
NLRB Health Unit Closure Didn't Break CBA, Labor Panel
Says The
federal agency that administers labor relations for government
workers said the National Labor Relations Board did not violate its
collective bargaining agreement with the NLRB Union by closing its in-house
health facilities, but ordered the NLRB to reopen the units.
EEOC Commissioner Urges Industry-Specific COVID
Guidance EEOC
Commissioner Keith Sonderling said Thursday that the agency should consider
issuing guidance that addresses COVID-19 issues that are unique to specific
industries, saying it would help employers make decisions without wondering
if their actions are lawful. CYBERSECURITY &
PRIVACY Microsoft Says It Will Let EU Customers Keep Data
Inside Bloc Microsoft
committed Thursday to allowing businesses and government entities that use
its cloud services in the European Union to store all of their data locally,
amid lingering uncertainties about how to legally transfer data outside the
bloc. NY AG Aims To Join Suit Over Calls Targeting Black
Voters New York
Attorney General Letitia James on Thursday asked to join a federal lawsuit
against conservative conspiracy theorists Jacob Wohl and Jack Burkman for
allegedly sending "threatening" robocalls aimed at suppressing
Black voters ahead of last year's presidential election.
TAX Online Taxes Hurt Small Digital Cos., Industry Rep Says
Taxes on
online revenue will hurt small and medium-size digital businesses, even if
they're not directly affected, a representative of small technology companies
said Thursday at hearings held by the U.S. Trade Representative's office. BANKRUPTCY 11th Circ. Says Use Of Biz Account Bars Ch. 7 Debt
Discharge A man who
used his company's business account to "get by financially" after
being hit with a $20 million judgment and more than $300,000 in back taxes
can't get those debts discharged in bankruptcy, the Eleventh Circuit has
ruled.
IMMIGRATION Baltimore Presses Biden For Essential Worker
Citizenship The
Baltimore City Council unanimously passed a resolution asking President Joe
Biden to create a pathway to citizenship for immigrant essential workers as
part of a federal economic recovery program. WHITE COLLAR Ex-Fla. Rep. Gets New Trial After Removal Of Faith-Led
Juror The
Eleventh Circuit ordered a new trial Thursday for former U.S. Rep. Corrine
Brown, ruling that the trial court had improperly removed a juror who
believed the Holy Spirit had told him the ex-Florida congresswoman was
innocent of corruption charges.
Ex-Mayor's Fraud, Bribery Case Nears End As Defense
Rests A
Massachusetts federal jury could begin deliberations as soon as Monday in the
fraud and corruption trial of the former mayor of Fall River, after the
ex-politician presented a brief defense against claims he drained investor
cash from his startup and extracted bribes from cannabis entrepreneurs looking
to open in the city. NATIVE AMERICAN Tribes Drop Keystone XL Fight In Light Of Biden Veto Two
tribes, the developer of the Keystone XL pipeline and the Biden
administration joined together to inform a Montana federal court they all
agree an executive order canceling the presidential permit for the project
brings about the end of litigation over the approval.
TELECOMMUNICATIONS FCC Can't Trump California Net Neutrality Law, 9th
Circ. Told California's
top legal officer has urged the Ninth Circuit to swat down an industry
challenge to the state's net neutrality rules, saying the Federal
Communications Commission's repeal of a similar regime does not prevent
states from pursuing their own open-internet laws.
House Hearing Deepens Divide Over Broadband Subsidies
House
Democrats and Republicans further deepened their split over the best way to
expand broadband access on Thursday, as liberal members called for local
government partnerships and consumer price limits while conservatives pushed
to preserve the current private-sector subsidy model. CANNABIS Ex-Mass. Pot Regulator Joins Vicente Sederberg
One of
Massachusetts' first cannabis regulators has taken a position at
cannabis-focused law firm Vicente Sederberg LLP as its first director of
regulatory policy, the firm recently announced. EXPERT ANALYSIS Rethinking Investment Treaties As Latin America Goes
Green As Latin
America pivots toward renewable energy, governments should reshape bilateral
investment treaties to allow incentives for new technologies and improve
dispute settlement mechanisms, while also providing both new and established
energy companies with certainty and fair treatment, say attorneys at GST. The Biden Administration Is Sharpening The TSCA's Sword
The Trump
administration implemented the 2016 amendments to the Toxic Substances
Control Act in a way that critics felt benefited chemical companies, but the
Biden administration can be expected to use the amendments to broaden risk
reviews and impose new requirements on the regulated community, say attorneys
at Kilpatrick. CFPB's First 100 Days Lay Foundation To Maximize
Authority Former
Consumer Financial Protection Bureau general counsel Quyen Truong, now at
Stroock, analyzes how developments in the first 100 days under new CFPB
leadership reclaim the agency's activist mission and authority, redirect
resources toward forceful action, and open the door to change the regulatory
framework. Bid Protest Spotlight: Scope, Evaluation Criterion,
Privity In this
month's bid protest roundup, Sandeep Nandivada and Markus Speidel at MoFo
look at April U.S. Government Accountability Office and U.S. Court of Federal
Claims decisions concerning proposed labor categories outside the scope of
vendor schedule contracts, use of unstated evaluation criterion, and whether
co-prime contractor privity supports standing to protest.
4 Trends In Discoverability Of Litigation Funding
Documents Recent
rulings shed light on how courts and international arbitration tribunals
decide if litigation funding materials are discoverable and reaffirm best
practices that attorneys should follow when communicating with funders, say
Justin Maleson at Longford Capital and Michele Slachetka and Christian
Plummer at Jenner & Block.
LEGAL INDUSTRY Alex Oh Lawyers Up In Exxon Case After Brief SEC Stint
Alex Oh,
the corporate defense attorney who resigned as head of the U.S. Securities
and Exchange Commission's enforcement division less than one week after
achieving the coveted post, has hired the president of the D.C. Bar to back
her in the ongoing Exxon Mobil Corp. human rights case that is seen as the
likely impetus for her abrupt SEC departure. Reed Smith Eyes Fully Reopening Offices In September
Reed Smith
LLP said Thursday that it would gradually begin encouraging more of its
lawyers to go into the office in the coming months, as it eyes fully
reopening all of its 17 U.S. locations by September. Rimon Grows Further In Texas With Austin Launch
Rimon PC
is the latest law firm to plant a flag in Austin, Texas, announcing Thursday
that it has hired a former Reed Smith LLP partner to spearhead its growth in
the fast-growing Texas technology hub. Holland & Knight Adds Former NBCUniversal Privacy
Chief BigLaw
firm Holland & Knight announced on Tuesday the hiring of NBCUniversal's
former chief privacy officer to boost its data strategy, security and privacy
practice. Adtalem GC Who Led Diverse Staff On $1.5B Deal Resigns
Adtalem
Global Education Inc.'s general counsel, who had received widespread acclaim
among his peers last year for staffing a team entirely with African American
and female corporate lawyers for the educator's $1.5 billion acquisition of
Walden University, has left the company, according to a recent filing with
the U.S. Securities and Exchange Commission. GoDaddy Taps McKesson Corp. Atty For CLO Slot
GoDaddy
Inc. has announced that McKesson Corp. attorney Michele Lau will join the
company to serve as its new chief legal officer starting in July. Ex-NFL Team GC Wants His Docs Sealed In Wilkinson Suit
The
Washington Football Team's former general counsel has urged a Virginia
federal court to seal arguments he has made in litigation over a sexual
harassment probe so that details over confidential deals don't come into
public view. Carter's Wants Out Of Legal Affairs Manager's Bias Case
The legal
and corporate affairs manager for the parent company of Carter's and OshKosh
B'gosh children's clothing waited too long to claim she was not promoted
because of her age and gender, the retailer has told a Georgia federal court.
Lin Wood Says Judge 'Abused' Power By Taking Him Off
Case Controversial
attorney L. Lin Wood told the Delaware Supreme Court on Wednesday that a
state trial court "abused its discretion" by revoking his temporary
admission in a First State defamation case involving onetime Trump
administration adviser Carter Page. 17 New Immigration Judges Largely Held Prior Gov't
Roles The first
group of 17 immigration judges to begin working under the Biden
administration includes eight former prosecutors, seven attorneys who
counseled U.S. Immigration and Customs Enforcement and two who were most
recently private practitioners, according to a Thursday announcement. Coronavirus Litigation: The Week In Review A D.C.
federal judge has vacated the U.S. Centers for Disease Control and
Prevention's nationwide eviction ban, Pfizer and BioNTech must face claims
they poached research technology while testing their COVID-19 vaccine, and
Kentucky's attorney general has a green light from the Sixth Circuit to
continue price-gouging probes into Amazon sellers. Podcast The Term: Goodbye Arguments, Opinion Season Is Upon Us
The
Supreme Court heard its final oral argument of the term this week in a
criminal case involving sentencing relief for low-level crack offenders that
saw some tough questions for the Biden administration. Law360's The Term
dives into the case, then looks ahead to some of the biggest decisions that
are expected to come by the end of June.
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