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| TOP NEWS Dem. State AGs Call For DOJ Backtrack On Election Probes Most of the nation's Democratic state attorneys general urged U.S. Attorney General William Barr on Friday to reverse a recent directive allowing federal prosecutors to investigate any "substantial" allegations of voting irregularities before results are certified.
Trump Nominates Judge For 1st Circ. Vacancy President Donald Trump on Friday proposed elevating a Puerto Rico federal judge to the First Circuit, asking the Senate to confirm an appellate judge in a lame-duck session for the first time since 1980.
Pa. Judges Deny Trump's Bid To Throw Out 8,900 Ballots Judges in Philadelphia and Montgomery County, Pennsylvania, have denied requests by President Donald Trump's reelection campaign to throw out about 8,900 mail-in ballots that had incomplete information on their outer envelopes, ruling Friday that instructions to "fill out" the declaration were ambiguous.
Porter Wright Bails On Trump's Pa. Election Challenge In the face of rising public protest, Porter Wright Morris & Arthur LLP has withdrawn its attorneys from representing President Donald Trump's reelection campaign in a lawsuit claiming that Pennsylvania conducted an unconstitutional "two-track" election that favored Democrats.
Analysis 3 Open Benefits Questions Under California's Prop 22 California's recently approved Proposition 22 classifies transportation and delivery app workers as independent contractors while offering them some benefits, opening the door to debate about whether drivers and couriers are better off, how this model will work under federal benefits laws and whether more states will adopt the same framework. Biden May Face Hurdles In Normalizing US-EU Trade Relations As Joe Biden was declared the next president of the United States on Saturday following days of uncertainty about the election's results, thoughts in Europe turned to what impact his presidency would have on strained cross-Atlantic diplomatic and trade relations. Anti-Trump Protesters Target Jones Day, King & Spalding Protesters chanted and held signs outside Jones Day in Manhattan and King & Spalding in Washington, D.C., on Friday as they blasted the law firms' involvement in "frivolous" election lawsuits on behalf of Republicans, including some designed to benefit President Donald Trump. 3rd Circ. Won't Ax Pa. Mail-In Ballot Deadline Extension The Third Circuit on Friday shot down a legal challenge from a Republican congressional candidate and four voters aimed at striking down a three-day extension for mail-in ballots that was ordered by the Pennsylvania Supreme Court in September.
DHS Chief's Invalid Appointment Sinks Effort To Curb DACA A New York federal judge on Saturday struck down the Trump administration's latest bid to roll back DACA, finding that acting Homeland Security chief Chad Wolf was improperly appointed and lacked the authority to limit the Obama-era immigration program.
Analysis 5 Questions Energy Attorneys Are Hearing About Hydrogen Hydrogen's potential for widespread use as a zero-carbon energy resource has led several BigLaw firms to launch practice groups focused on the still-nascent technology and the tough policy and financial concerns that accompany such projects. Here are five questions lawyers say they're getting from clients interested in hydrogen development. W.Va. Loses Bid To End Mine Reclamation Fund Suit A West Virginia federal judge on Friday rejected a bid from state regulators to escape allegations that the state abdicated its responsibility to inform federal regulators a state fund may be unequipped to handle reclamation costs due to a slew of mine insolvencies.
Philly's Flavored Tobacco Ban Snuffed Out By Cigar Group A Pennsylvania federal judge extinguished Philadelphia's ban on flavored tobacco sales Friday, granting the Cigar Association of America's bid to preliminarily enjoin enforcement of the ban and writing that while youth access to tobacco is concerning, the ordinance is preempted by state law.
FDA Can't Fully Ditch Challenge To Menthol Ban 'Delay' A California federal judge on Thursday kept alive the African American Tobacco Control Leadership Council and the American Medical Association's lawsuit alleging the U.S. Food and Drug Administration has unlawfully delayed a ban on menthol cigarettes, but trimmed claims that the FDA's lack of action was arbitrary and capricious.
'Grim Reaper' Atty Can't Revive Beach Suit, Faces Sanctions A Florida attorney who has made waves appearing as the Grim Reaper across the state during the COVID-19 pandemic lost his appeal, and could face sanctions, over his suit that asked the courts to impose beach closures and a statewide stay-at-home order, a state appellate court said Friday.
States Urge Justices To Overturn Biofuel Exemptions Ruling A Tenth Circuit ruling upholding the Trump administration's decision to rescind renewable fuel standard exemptions for small refineries could devastate rural communities across the country, a group of refiners and seven states have told the U.S. Supreme Court.
NJ Turnpike Dept. Must Face Attys' 'Partisan Purge' Claims A New Jersey federal judge on Friday preserved most of a lawsuit by three former state turnpike agency attorneys who claim they were fired for their perceived ties to the Republican Party, reasoning that the lawyers weren't involved in policymaking tasks for the state's Democratic administration.
High Court To Review Unions' Access To Calif. Farms The U.S. Supreme Court may limit unions' on-the-job access to agricultural workers in California after taking up two growers' challenge to a Ninth Circuit ruling that upheld a state regulation making them allow organizers onto their property.
7th Circ. Signals Doubt On Union Bargaining Law Challenge A Seventh Circuit panel appeared skeptical Friday of a challenge to a Wisconsin law that changed how public-sector unions operate, with one judge telling a union's attorney it wasn't clear how the law restricted members' speech. COVID-19 Layoff Didn't Flout Labor Law, NLRB Memo Says A construction company doesn't have to face claims that it violated federal labor law when it laid off a worker amid a pandemic-related downturn in business and didn't bring the worker back at a later date, a National Labor Relations Board lawyer said in one of three guidance memos unveiled Thursday.
DOJ's Antitrust Division Issues Guidance On Arbitration Use The U.S. Department of Justice's Antitrust Division has released new guidance that outlines when and how arbitration should be used in future merger challenges, after the division used the process for the first time in aluminum supplier Novelis' acquisition of Aleris.
FTC Says $350M Memphis Hospital Manager Will Hurt Service The Federal Trade Commission moved Friday to challenge a Memphis health care system's $350 million bid for a pair of hospitals, filing an administrative complaint and promising a federal court lawsuit that'll likely decide the fate of a deal that would reduce the number of area hospital systems from four to three. Another Dem Raises Concerns Over $1B Virus Fund Spending Sen. Michael Bennet, D-Colo., on Friday joined a chorus of Democrats who have voiced concerns over reports about the U.S. Department of Defense using $1 billion in COVID-19 funding for the military amid mask shortages.
US Hints At Security Defense Against Hong Kong's WTO Case The Trump administration has told the World Trade Organization that it imposed new import labeling requirements on Hong Kong in the name of national security, reiterating its long-held position that the WTO has no authority to adjudicate those measures.
Top WTO Official Wants Tariffs On Medical Supplies Dropped A top official at the World Trade Organization said the world should do more to eliminate tariffs on medical supplies and pharmaceuticals as countries gear up for another wave of COVID-19 cases. Analysis Trump Could Further Rattle Immigration Law Before His Exit With fewer than three months left in office, President Donald Trump is expected to rush efforts to finalize policies restricting legal immigration, paving the way for more visa limits and asylum cuts that could take months for the incoming Biden administration to reverse. Feds' Expedited Deportation Defense Faces Wary DC Judge A D.C. federal judge on Friday appeared sympathetic to immigration advocacy groups' claim that the Trump administration's expedited removal policy should be struck down because then-acting secretary of the U.S. Department of Homeland Security Kevin McAleenan lacked legal authority to issue the rule. ACLU Sues For Data About 'Disproportionate' Asylum Denials The Maine chapter of the American Civil Liberties Union sued U.S. Citizenship and Immigration Services on Thursday for the agency's alleged failure to turn over asylum materials relating to applications that the advocacy group suspects are being unfairly denied.
Watchdog Scolds DHS For Denying Migrants At 7 Entry Ports The inspector general for the U.S. Department of Homeland Security called on the agency to process undocumented migrants at seven ports of entry that the watchdog discovered were virtually closed to them in 2018, "without prior public notice."
Lawmakers Urge ICE To Halt Deportations In Ga. Facility Probe Democratic House leaders urged U.S. Immigration and Customs Enforcement to stop deporting witnesses in an investigation over alleged forced hysterectomies and other medical mistreatments at Irwin County Detention Center in Georgia, saying deporting witnesses goes against the agency's own policies.
FCC Urged To Reject Fax Broadcaster Liability Challenge Akin Gump has urged the Federal Communications Commission to turn down an auto company's request to take a closer look at a September ruling that only broadcasters of junk faxes, not unknowing advertisers, are liable under the Telephone Consumer Protection Act.
Google Says FCC Should Expand 6 GHz Sharing Google has asked the Federal Communications Commission to allow unlicensed devices like Wi-Fi routers in the 6 GHz band to operate at higher power levels, saying doing so would not disrupt other transmissions from utilities and broadcasters that are already in the band.
Criminal Charges Should Delay Hemp Dispute, Calif. Says California's Department of Fish and Wildlife has asked a federal judge to delay a lawsuit against it over claims that officers unnecessarily destroyed a $1 billion hemp crop, after the farm's CEO was allegedly hit with criminal drug charges.
Ill. Floats Rule Clarifying Tax On Cannabis Concentrates The Illinois Department of Revenue seeks to clarify that the definition of cannabis-infused products does not include cannabis concentrates, according to a proposed rule published in the state register Friday.
LA Pot Regulator Faces Fresh Suits Over Licensing Glitches Los Angeles' Department of Cannabis Regulation was hit with two more lawsuits over last year's social equity license application submission process, each claiming glitches in the program's online portal prevented would-be cannabis operators from competing fairly for a license.
Former Senate Chief Investigative Counsel Returns To Venable The former chief investigative counsel to the U.S. Senate Commerce Committee returned to Venable LLP as a partner in Washington, D.C., focusing on e-commerce, privacy and cybersecurity. Opinion Why Attacks On Trump's Election Lawyers Are Problematic The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker. Advancing The Democratic Tax Agenda In 2021 Even with a divided government starting next year, Democrats will have a major effect on tax policy, pursuing legislative compromises and regulatory changes in service of President-elect Joe Biden's tax plan, and potentially reversing many Trump administration initiatives, say Russell Sullivan and Radha Mohan at Brownstein Hyatt. How Calif. Employers Can Prepare For Virus Reporting Rules In January, California's new COVID-19 reporting requirements will create stricter health and safety rules while giving the state expanded enforcement powers, meaning that employers should prepare for significantly reduced time frames to respond to outbreaks and notify intended parties, say Thu Do and Diana Tsudik at Gilson Daub. Final BEAT Regs Still Contain Pitfalls For Taxpayers Recently finalized U.S. Department of the Treasury regulations retain a taxpayer-friendly election allowing corporations to waive deductions to avoid the base erosion and anti-abuse tax, but neglect to include recourse for companies that waive more deductions than necessary, say attorneys at Ropes & Gray. Calif. Privacy Law Resembles, Transcends EU Data Regulation Companies preparing for future enforcement of the newly passed California Privacy Rights Act can look to the EU General Data Protection Regulation for guidance while understanding key differences, including the CPRA's incentive options for consumers and mandate that regulations be updated to reflect technological changes, say attorneys at Akin Gump. Key Takeaways From SEC's Fixed Income Trading Proposal Attorneys at Sidley explain what the U.S. Securities and Exchange Commission's recently proposed rules for venues trading government securities will mean for broker-dealers operating fixed income platforms and investors that trade fixed income securities.
M&A Poised For Growth In The Biden Era The M&A market is well positioned for recovery and growth under a Biden administration and divided Congress, which will likely gain control over the coronavirus pandemic, pass a stimulus package, and provide greater transparency in antitrust enforcement, say attorneys at Debevoise. Opinion Vaccine Developers Must Put Cure Before Patent Profits Pfizer and its competitors fighting to become the first entity to safely and effectively defend against COVID-19 need to do so while preserving consumer trust, ethical reputation and fiscal profitability — including by making patent rights available to the public for limited purposes, says Michael O'Shaughnessy at Womble Bond.
Exclusive Sanford Heisler's Turbulent Summer Sanford Heisler Sharp is known for representing clients who have been discriminated against, but leaders there struggled to address complaints from legal assistants who alleged widespread sexist and racist comments and behavior at the firm, current and former employees told Law360. Reed Smith Apologizes For Past Harassment Response Reed Smith LLP issued a statement Friday saying its handling of an attorney's sexual harassment allegations against a former partner 15 years ago "fell short," following an internal review into how it dealt with the matter. Despite Generational Shift, Women Still Want To Make Partner The gender imbalance in law firm partnerships across the globe cannot be blamed on a lack of desire on the part of women to advance their careers, even as millennials' views on partnership are shifting, according to panelists at an International Bar Association conference Friday. Federal Law Clerk Hiring Plan Gets 2-Year Extension The Federal Law Clerk Hiring Plan, a pilot program meant to make the process of hiring law clerks for judges more transparent and streamlined, has been extended until June 2022, the Administrative Office of the U.S. Courts announced Thursday. NY To Halt New Jury Trials, Grand Juries Amid COVID-19 Spike New York state court officials plan to postpone new jury trials and grand jury proceedings starting Monday, as a surge in new COVID-19 cases slams the Empire State. Ill. Court's Civil Matters To Go Remote As Virus Grips State All civil case matters in the Northern District of Illinois will have to proceed virtually and district clerk's offices will be closed to the public through mid-January, as COVID-19 cases in the district and state continue to surge, the court's chief judge said Thursday. More EDTX Trial Participants Test Positive For Virus At least seven people involved in an Eastern District of Texas breach of contract trial have now tested positive for the coronavirus, prompting the judge to postpone the case for two weeks to allow for further testing of participants and a deep cleaning of the courthouse. Judge Recuses Self From Virus Suit Amid Ties With Insured A Pennsylvania federal judge recused himself Friday from a suit filed by Pittsburgh's Heinz History Center against Chubb Ltd. seeking COVID-19 business loss coverage after disclosing he has personal ties with the center's board members. Fired King & Spalding Atty Drops Jury Bid For One Claim King & Spalding LLP and a former associate suing the firm over his firing have received a New York federal judge's approval to forgo a jury on one claim in the suit. Texas AG Accused Of Forcing Out Whistleblowers Texas Attorney General Ken Paxton has been accused of "flagrantly" violating the law by four former top aides who filed suit against him Thursday under the Texas Whistleblower Act, alleging they were fired or placed on leave in retaliation for reporting wrongdoing by their boss. Convict Wants Execution Paused While Attys Fight COVID-19 A death row inmate who strangled a pregnant woman and cut out her unborn child asked the D.C. federal court to delay her scheduled Dec. 8 execution after her two longtime attorneys contracted the coronavirus following prison visits with her, forcing them to lose valuable time on a request for mercy due Monday. BetMGM Taps Resorts Counsel As Chief Legal Officer Online sportsbook BetMGM has announced that the chief corporate counsel of MGM Resorts International will be joining the company's executive team as its chief legal officer. GC Cheat Sheet: The Hottest Corporate News Of The Week A top Republican senator wants the Federal Reserve's coronavirus emergency lending facilities to come to an end, and Del Monte Foods is accused of violating workers' biometric privacy rights by requiring face scans. These are some of the stories in corporate legal news you may have missed in the past week. In Case You Missed It: Hottest Firms And Stories On Law360 For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Podcast Law360's Pro Say: All The President's Lawsuits President Donald Trump has filed a slew of lawsuits aimed at challenging his election loss to President-elect Joe Biden, but the cases are supported by little evidence and don't contest enough votes to change the outcome.
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