• May 16, 2024

    Treasury Provides Extra Relief For Bonus Energy Tax Credits

    The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.

  • May 15, 2024

    Arizona AG Lobs Suits Over 'Deceptive' Amazon Practices

    Arizona Attorney General Kris Mayes on Wednesday filed a pair of suits claiming that Amazon Prime's cancellation process and other features are deceptive, misleading and have led to higher prices for consumers.

  • May 15, 2024

    SolarWinds Says SEC's Cyber Breach Suit Goes Too Far

    SolarWinds Corp. on Wednesday asked a Manhattan federal judge to throw out the U.S. Securities and Exchange Commission's suit accusing the enterprise software company of deceiving investors about its lax cybersecurity, which left it open to a Russian hacking campaign.

  • May 15, 2024

    3 Things To Know About CFTC's Election Betting Proposal

    The U.S. Commodity Futures Trading Commission has proposed to ban the trading of event contracts tied to things like election outcomes, sporting events and the Academy Awards. Here are three things to know about a proposal that is likely to be closely watched by industry insiders, some of whom are already wrapped up in litigation with the agency over this very issue. 

  • May 15, 2024

    Water Co. To Pay $8.5M Criminal Fine Over Accounting Claims

    Wastewater treatment company Evoqua Water Technologies Corp. has reached an $8.5 million agreement with federal prosecutors allowing the company to avoid criminal charges for allegedly inflating the company's revenue by $36 million.

  • May 15, 2024

    'Pissed Off,' 'You Need To Go': Reps Rip FDIC's Gruenberg

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg took withering, bipartisan criticism over his agency's workplace misconduct scandal at a House hearing on Wednesday, although no new Democrats joined their Republican colleagues in directly calling for his resignation.

  • May 15, 2024

    Two Firms To Lead GrafTech Suit Over Environmental Issues

    An Ohio federal judge on Wednesday appointed Abraham Fruchter & Twersky LLP and Robbins Geller Rudman & Dowd LLP to lead a shareholder class action against GrafTech International, accusing the electrode-maker of covering up its environmental contamination in Monterrey, Mexico, in the run-up to its initial public offering.

  • May 15, 2024

    Georgia Justices Weigh State Immunity In Trooper's Wage Suit

    Georgia's Department of Public Safety urged the state's highest court on Wednesday to undo a Georgia Court of Appeals decision that revived a state trooper's suit alleging that the department failed to pay him owed overtime for time spent in training, arguing that the state never waived its sovereign immunity privilege.

  • May 15, 2024

    Flexibility In Info Security Policy May Add Compliance Burden

    New federal guidance for contractors handling sensitive, but unclassified information could introduce confusion and compliance burdens if agencies implement security controls without consulting contractors. 

  • May 15, 2024

    Noncompete Rule Challenge Gets More Backing

    A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.

  • May 15, 2024

    House Reauthorizes NTIA, But Agency Takes Heat From GOP

    The U.S. House voted late Wednesday to reauthorize the National Telecommunications and Information Administration, hours after Republicans on a key oversight committee blasted the agency for its handling of the government's $42.5 billion broadband deployment effort.

  • May 15, 2024

    WWE Says $3M Deal Sends McMahon Sex Suit To Arbitration

    World Wrestling Entertainment Inc. is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause.

  • May 15, 2024

    Don't Make Network Outage Reporting Mandatory, FCC Told

    Telecommunications industry groups are telling the Federal Communications Commission that rules requiring mandatory broadband outage reporting would burden small and rural providers and potentially distract from outage response.

  • May 15, 2024

    Arrested Ga. Lawmakers Say 'Disruption Statute' Is Overbroad

    Attorneys for U.S. Rep. Nikema Williams, state Rep. Park Cannon and several Georgia residents who were arrested for protesting in the rotunda of the Georgia State Capitol in 2018 and 2021 told the Georgia Supreme Court on Wednesday that the law used to justify their arrests is unconstitutionally overbroad.

  • May 15, 2024

    Feds, Pesticide Cos. Seek More Time To Find Mediator

    The Federal Trade Commission and agricultural chemical companies Syngenta and Corteva are seeking extra time to select a mediator as they litigate claims that the manufacturers leverage loyalty programs to suppress competition from cheaper generic pesticides.

  • May 15, 2024

    House Panel Weighs Baltimore Bridge Rebuilding Costs

    Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.

  • May 15, 2024

    Lawmakers Move To Kill DOL's ERISA Fiduciary Regs

    A group of 16 mostly Republican senators introduced a resolution Wednesday to overturn the U.S. Department of Labor's new rule broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, saying the regulations threaten Americans' ability to save for retirement.

  • May 15, 2024

    FTC Chair Khan Defends Request For 25% Budget Increase

    Federal Trade Commission Chair Lina M. Khan defended a 25% budget increase request during a House appropriations hearing Wednesday, calling it "healthy" that aggressive Biden administration merger enforcement has made antitrust considerations top of mind for companies mulling transactions.

  • May 15, 2024

    DoorDash Inks Deal To End NY AG's Conviction Bias Claims

    DoorDash has reached a settlement with New York Attorney General Letitia James to resolve allegations that the food delivery platform regularly rejected applicants with criminal histories without considering factors such as the nature of the conviction and its bearing on the job sought, the law enforcement official's office announced Wednesday.

  • May 15, 2024

    EPA Urges La. Court Not To Broadly Block Civil Rights Regs

    The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.

  • May 15, 2024

    House-Passed FAA Reauthorization Bill Now Heads To Biden

    The U.S. House of Representatives on Wednesday approved multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, sending to President Joe Biden a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.

  • May 15, 2024

    Buchalter Starts Fintech And AI Practice With New Seattle Hire

    Buchalter PC announced that it hired the former chief legal officer at mortgage-focused fintech company Sagent as a Seattle-based shareholder and chair of its newly launched fintech and artificial intelligence practice group.

  • May 15, 2024

    Cahill Gordon Adds Crypto Attys, Launches Delaware Office

    Cahill Gordon & Reindel LLP announced Wednesday that it has added three attorneys to its rebranded digital assets and emerging technology practice, including a former Delaware deputy attorney general who will lead its newly launched office in the state.

  • May 15, 2024

    Hunton Taps Energy Regulatory Chair As Austin, Dallas Head

    Hunton Andrews Kurth LLP has selected its national energy regulatory practice chair to lead two of its Texas offices, the firm announced Wednesday.

  • May 15, 2024

    Ex-FTX Exec Seeks Leniency, Saying He Was Kept In The Dark

    A former top FTX official has asked a Manhattan federal judge for a lenient 18-month sentence, saying he was not part of company co-founder Sam Bankman-Fried's inner circle and was as shocked as everyone else to learn that the crypto exchange was operating a fraud that siphoned billions in customer funds.

Expert Analysis

  • 5 Takeaways From FDA's Biosimilars Promotion Guidance

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    New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.

  • The Legal Issues Raised In Minn. Rate Exportation Opt-Out Bill

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    A recent Minnesota House bill would amend state law by opting out of the federal interest rate preemption and introduce several legal gray areas if passed, including issues regarding loan location, rates on credit card loans and values of state charters, says Karen Grandstrand at Fredrikson & Byron.

  • Are Concessions In FDA's Lab-Developed Tests Rule Enough?

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    Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • 8 Questions To Ask Before Final CISA Breach Reporting Rule

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    The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

  • Is The Digital Accessibility Storm Almost Over?

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    Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

  • PE In The Crosshairs Of Public And Private Antitrust Enforcers

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    A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Mid-2024 FCA Enforcement And Litigation Trends To Watch

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    Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.

  • Key Priorities In FDIC Report On Resolving Big Bank Failures

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    The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • 8 Fla. Statutes That Construction Cos. Should Prepare For

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    In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.

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