EFTA00032633.pdf

From: Public Policy Law360
To: [REDACTED]
Subject: Supreme Court Leads At 1st Trump-Biden Debate
Date: Wed, 30 Sep 2020 08:47:01 +0000

Law360 Public Policy

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Wednesday, September 30, 2020

TOP NEWS

Supreme Court Leads At 1st Trump-Biden Debate
President Donald Trump and Democratic nominee Joe Biden jousted over the U.S. Supreme Court at their unruly first debate Tuesday, disagreeing over when to fill a vacant seat and whether Biden should address liberal proposals to add more justices.
1 document attached | Read full article »

Trump, Biden Fight Over Climate Change In Heated 1st Debate
President Donald Trump and former Vice President Joe Biden fought over energy and environmental policies during the first presidential debate Tuesday, with Trump defending his push to relax emissions rules in an effort to make cars more affordable and Biden vowing to reenter the Paris accord as president.
Read full article »

Flynn Atty Invokes Executive Privilege Over Trump Meeting
A D.C. federal judge forced Michael Flynn's lead defense attorney to admit Tuesday she has personally discussed the former national security adviser's criminal case with President Donald Trump recently, just moments after she invoked executive privilege to avoid speaking about the nature of her conversations.
Read full article »

Analysis
Will Barrett Deliver Pivotal Vote To Strike Down The ACA?
Democrats are understandably scared that Judge Amy Coney Barrett will vote to vaporize the Affordable Care Act if she joins the U.S. Supreme Court. But whether she'll actually do so, much less deliver a decisive fifth vote against the landmark law, is far from clear.
1 document attached | Read full article »

Analysis
What Employers Should Know About New NY Sick Leave Law
As New York employers adapt to the state's new paid sick leave law, which goes into effect Wednesday, they should note the legislation's wide scope and its overlap with existing paid leave laws, attorneys say.

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Calif. Judge Blocks Upcoming Immigration Fee Hikes
A California federal judge on Tuesday barred the federal government from raising immigration application fees just days before the changes were set to take effect, finding that acting Homeland Security chief Chad Wolf was likely improperly appointed.
Opinion attached | Read full article »

Ga. Told To Back Up Voting Machines With Paper Ballots
Georgia must provide paper backups of updated voter information for the Nov. 3 election to reassure electors its malfunction-plagued digital system can be easily bypassed if necessary, an Atlanta federal judge ruled Monday.
Order attached | Read full article »

BANKING & SECURITIES

Analysis
Barrett May Reinforce High Court Trends For Banking Industry
Seventh Circuit Judge Amy Coney Barrett's elevation to the U.S. Supreme Court would position her to weigh in on fintech regulation, agency independence and other legal issues affecting the banking industry. But with the high court already showing a tilt toward business, her addition to the bench may not yield a sea change from a financial services perspective.
Read full article »

ENERGY & ENVIRONMENTAL

Analysis
FERC To Take On Carbon Pricing's Place In Power Markets
The Federal Energy Regulatory Commission is trying to figure out how state efforts to charge polluters for carbon emissions can mesh with the agency's mandate to level the playing field in its wholesale power markets and keep prices reasonable for consumers.
Read full article »

EPA Tells DC Circ. There's No Harm In Methane Regs Rollback
The U.S. Environmental Protection Agency has asked the D.C. Circuit not to pause the Trump administration's less restrictive policy on methane emissions from new and modified oil and gas infrastructure, arguing the challengers are exaggerating any harm the changes will bring.
2 documents attached | Read full article »

EPA Waves Caution Flag On Calif.'s Zero-Emission Car Plan
The head of the U.S. Environmental Protection Agency is looking to short-circuit the California governor's plan to ban the sale of gas-powered automobiles by 2035, saying the state is currently having trouble meeting its electricity needs and may need EPA approval.
Letter attached | Read full article »

HEALTH & LIFE SCIENCES

Health Care Clashes Dominate 1st Trump-Biden Debate
In the first of three debates, President Donald Trump and former Vice President Joe Biden on Tuesday waged a bitter battle that saw wide-ranging domestic policy topics repeatedly distilled down to the coronavirus pandemic, the Affordable Care Act and abortion rights.
Read full article »

Catalyst Loses Fight Against FDA Approval Of Rival's Drug
A Florida federal judge axed Catalyst Pharmaceuticals Inc.'s suit claiming the U.S. Food and Drug Administration unlawfully approved a lower-cost version of a drug that treats a rare autoimmune disease, rejecting Catalyst's challenge against a magistrate judge's ruling.
Opinion attached | Read full article »

Dillon McCandless Seeks $136K Fee From Pa. For Virus Fight
Dillon McCandless King Coulter & Graham LLP, which represented a group of Pennsylvania counties, businesses and lawmakers in a suit that overturned Gov. Tom Wolf's pandemic-related closure orders and crowd limits, is now asking the federal court to make the state pay their $136,000 in legal fees.
2 documents attached | Read full article »

Coronavirus Regulations: A State-By-State Week In Review
President Donald Trump's reelection campaign continued to lock horns with governors fighting the COVID-19 pandemic this week, with New Jersey defending lawsuits over the state's remote-voting plan and Pennsylvania seething over a crowded rally the president held there recently.
Read full article »

IP & TECHNOLOGY

PureShield Says Allied Bio Coronavirus Disinfectant Infringes
Chemical company PureShield Inc. claimed in a lawsuit filed Monday in Texas federal court that Allied BioScience Inc.'s SurfaceWise 2 surface disinfectant, which advertises protection against COVID-19 for up to seven days, infringes on 10 of PureShield's patents.
Complaint attached | Read full article »

MEDIA & ENTERTAINMENT

Snowden Ordered To Pay $5M For Revealing Classified Info
A Virginia federal court on Tuesday ordered former U.S. intelligence contractor Edward Snowden to hand over more than $5 million that he allegedly earned from book sales and speaking engagements in which he revealed classified information without permission.
Order attached | Read full article »

INSURANCE

LA Nightclub Says Virus Triggers 'Physical Loss' Insurance
A Los Angeles nightclub is asking a California federal court not to throw out its proposed class action alleging its insurer wrongly denied it coverage for losses stemming from the COVID-19 pandemic, saying the virus caused a physical loss by curtailing its business.
Response attached | Read full article »

REAL ESTATE

Analysis
Opportunity Zone Order May Not Attract Private Investment
President Donald Trump's executive order directing the government to prioritize opportunity zones when building and leasing properties shows a desire to attract investment in the areas but may do little to lure private capital on its own.
1 document attached | Read full article »

Latham Reps COVID-19 Mall Closure Suit Against LA County
Latham & Watkins LLP is leading the charge representing plaintiffs in a putative class action filed Monday accusing Los Angeles County of violating the constitutional rights of hundreds of indoor mall businesses that were forced to close amid the coronavirus pandemic, costing them millions in lost wages and revenue.
Complaint attached | Read full article »

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EMPLOYMENT & BENEFITS

III. Union Tells 7th Circ. It Shouldn't Have To Rep Nonmembers
A Seventh Circuit judge on Tuesday said he was concerned that an Illinois engineering union arguing that it should be exempted from exclusively representing nonmembers in grievance proceedings was simply asking the court to issue "an advisory opinion," in the absence of a more detailed claim.
Read full article »

Workers And Advocates Fight NLRB Union Contact Proposal
Withholding employees' email addresses and cellphone numbers from unions deprives workers of information and tips the organizing scales in employers' favor, workers, unions and others said ahead of a Monday deadline for comments on a proposed National Labor Relations Board rule change.
Read full article »

Heeding Dem Subpoena Would Hurt NLRB, Agency Atty Says
Making the National Labor Relations Board release records of its "joint employer" policy development would undermine its candor in future deliberations, the board's top legal adviser said Tuesday in answer to a U.S. House of Representatives subpoena seeking the inside scoop on the agency's regulatory pivot.
Letter attached | Read full article »

COMPETITION

Peabody, Arch Drop Merger Plans After Judge Sides With FTC
Arch Resources and Peabody Energy Corp. on Tuesday abandoned a proposed joint venture after a Missouri federal court said the companies couldn't rebut the Federal Trade Commission's claim their combination would result in the loss of "meaningful coal-on-coal competition."
Read full article »

CYBERSECURITY & PRIVACY

Calif. Gov. Vetoes Genetic Testing Privacy Bill
California Gov. Gavin Newsom vetoed a proposed state law that would establish privacy protections over the data collected by genetic testing companies like Ancestry.com and 23andMe, saying that it could interfere with laboratories' mandate to report COVID-19 test results.
Letter attached | Read full article »

CONSUMER PROTECTION

Series
AGs In A Pandemic: Grewal Talks NJ Price-Gouging
New Jersey Attorney General Gurbir Grewal explains how his office adapted its enforcement playbook to unexpected challenges in order to crack down on unconscionable pricing amid the pandemic.
Read full article »

TCPA's Autodialer Ban Fails Constitutional Test, Court Told
Real estate portal Homes.com is mounting a constitutional challenge to the Telephone Consumer Protection Act's broad prohibition on using autodialers to contact consumers without consent, arguing that numerous deficient exemptions to that prohibition and widespread uncertainty over what constitutes an autodialer warrant striking down the litigation-fueling provision.
2 documents attached | Read full article »

INTERNATIONAL TRADE

Blueberry Imports Could Be Next On Trump's Tariff List
The Trump administration called for an investigation of imported blueberries on Tuesday, setting the stage for potential new tariffs as part of a broader White House strategy to address surging imports of perishable food.
Letter attached | Read full article »

TAX

Biden Vows To Undo Tax Cuts, Trump Touts Record In Debate
Former Vice President Joe Biden promised to repeal the 2017 tax law during Tuesday night's debate with President Donald Trump, who touted his economic record without directly saying whether he paid only $750 in federal income taxes in 2016 and 2017.
2 documents attached | Read full article »

Manhattan DA Says 2nd Circ. Stayed Trump Tax Subpoena
The Manhattan district attorney told the Second Circuit on Tuesday that it cannot enforce a subpoena against President Donald Trump's accounting firm for years of tax and business records until an appeal has concluded.
2 documents attached | Read full article »

Think Tank Says UK Tax Base Shaky From Pandemic, Brexit
The economic effects of both the coronavirus pandemic and the decision to leave the European Union means that the United Kingdom's tax base is now more uncertain than ever, the leading nonpartisan British fiscal think tank said Tuesday.
1 document attached | Read full article »

BANKRUPTCY

House Panel Advances Bill To Limit Exec Bonuses In Ch. 11
The House Judiciary Committee advanced a Democrat-backed bill to the full chamber Tuesday that would limit the bonuses doled out to senior executives of companies in Chapter 11 while improving protections for the benefits of rank-and-file workers in bankruptcy, a measure touted as a necessary remedy for inequalities in the restructuring process.
Bill attached | Read full article »

6 Law Firms Vie To Head FirstEnergy Shareholder Suit
Six law firms have put their hats in the ring to be selected as lead counsel in a proposed consolidated class action against utility company FirstEnergy over allegations that news the company paid Ohio lawmakers $60 million to arrange a $1 billion bailout sent stock plummeting.
Motion attached | Read full article »

IMMIGRATION

Judges Reject DOJ's 'Frivolous' Bid To Pause Census Ruling
A trio of federal judges on Tuesday refused to temporarily lift their ruling barring the Trump administration from excluding unauthorized immigrants from the census count, slamming the government's request for reprieve as "frivolous" and "meritless."
Order attached | Read full article »

DOJ May Allow Attys To Help Pro Se Immigrants With Docs
The U.S. Department of Justice may soon allow immigration attorneys to help people facing deportation fill out briefs and forms without representing the immigrants for the rest of the proceedings, a change that could increase access to counsel in immigration court.
Notice attached | Read full article »

Salvadoran Couple Fit For Residency, Despite Illegal Entry
A Salvadoran couple living in the U.S. under the Temporary Protected Status program may obtain green cards after a Minnesota federal judge rejected the government's arguments that their initial illegal entry left them ineligible for permanent residency.
Opinion attached | Read full article »

Census-Takers Say Gov't Ending Count, Defying Court Order
The U.S. Census Bureau has said it intends to complete its decennial count by Oct. 5, after a whistleblower warned a California federal judge that the agency was disregarding her order to not end data collection by Sept. 30.
2 documents attached | Read full article »

Cities, Feds Spar Over Constitution's Language In Census Suit
Lawyers for the Trump administration and a group of cities and nonprofit organizations tussled over the language of the 14th Amendment before a three-judge panel in D.C. federal court Tuesday, in a lawsuit over the president's effort to exclude unauthorized immigrants from the final census count.
Read full article »

WHITE COLLAR

Ex-ComEd Exec Cops To Bribery Scheme Tied To Ill. Speaker
A former Commonwealth Edison Co. executive pled guilty in Illinois federal court Tuesday to participating in a bribery conspiracy in which he paid off a powerful Illinois legislator in exchange for the lawmaker's influence on legislation that affected the electric company's business.
1 document attached | Read full article »

TELECOMMUNICATIONS

FCC Forecasts 4 Spectrum Auctions Over Next Year
The Federal Communications Commission is tentatively planning on holding at least three other spectrum auctions in the next fiscal year on top of the long-awaited C-Band auction slated for December, the agency has announced.
Notice attached | Read full article »

House Passes Bill To Block Home Number Switch After Crisis
The U.S. House of Representatives approved a bill Tuesday to ensure that people whose houses are destroyed in emergencies such as fires and hurricanes won't lose their assigned home phone numbers.
Read full article »

Senate Pair Floats Section 230 Limits For Illegal Online Posts
A bipartisan pair of senators added to the pile of nearly a half-dozen bills seeking to narrow Section 230 of the Communications Decency Act, saying Tuesday that they want websites to be held more accountable for reporting potentially illegal activity.
Bill attached | Read full article »

CANNABIS

Oklahoma Supreme Court Kills Legal Pot Ballot Initiative
The Oklahoma Supreme Court has removed a recreational marijuana legalization initiative from the November ballot, saying the gist of the measure that would have been presented to voters didn't convey the actual proposal.
Petition attached | Read full article »

Mich. AG Probing Marijuana Bait-And-Switch In Petition Push
Michigan's attorney general said a group gathering petition signatures to strip the governor's emergency powers may have misled voters by telling them the push was related to a medical marijuana initiative, among other issues.
Read full article »

NJ Podiatrist Loses Fight Over Medical Pot Prescriptions
A New Jersey podiatrist who was banned from prescribing medical marijuana lost his bid to sue state regulators on Monday after a judge said his claims of discrimination fail because podiatrists can't actually prescribe pot in the state.
Opinion attached | Read full article »

EXPERT ANALYSIS

Opinion
Digital Platform Agency Would Imperil Internet Commerce
Rather than help consumers, former Federal Communications Commission Chairman Tom Wheeler's recent proposal for a Digital Platform Agency to regulate internet business practices would cement dominant platforms' market power, adversely affect investment, and risk the most innovative U.S. sector's health, says Thomas Lenard at the Technology Policy Institute.
Read full article »

NY Gendered Pricing Law May Have Limited Effect
The New York gendered pricing law, effective Wednesday, may not achieve its aim of preventing price discrimination in goods and services based on the gender of their intended consumer due to potential loopholes in the law's definitions, a broad safe harbor for businesses, and the lack of a private right of action, say Mark Ciani and Sean Akchin at Katten.
Read full article »

FERC Order Could Open Electric Grid To Diverse Resources
The Federal Energy Regulatory Commission's recent order addressing distributed energy resources' participation in electric power markets could transform the power grid by integrating everything from small solar installations to smart water heaters and electric vehicles, say Levi McAllister and Arjun Ramadevanahalli at Morgan Lewis.
Read full article »

Law Firm Social Responsibility Strategies In The New Normal
Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.
Read full article »

LEGAL INDUSTRY

Analysis
In JPMorgan Deal, DOJ Puts Spotlight On Compliance Tech
In the deferred prosecution deal with JPMorgan Chase & Co. announced Tuesday, federal prosecutors made clear that they now expect companies and their in-house counsel to bring data analysis into corporate compliance.
Read full article »

DLA Piper Escapes Tech Co.'s Malpractice Suit
A technology company has dropped DLA Piper's Canadian arm and two individual attorneys from a malpractice suit over a patent application process that went sour, effectively ending the case in Florida federal court.
Read full article »

Jones Day Fights Atty's Bid To Revive Equal Pay Claim
Jones Day has told a D.C. federal judge to stick with his decision to toss a former associate's Equal Pay Act claim, insisting the attorney hasn't shown she tackled the same workload as her higher-paid male peers.
Read full article »

Exclusive
JPMorgan, Goldman GCs Up The Ante On Diversity Promises
Amid civil unrest over racial injustices in the U.S., top in-house lawyers from JPMorgan Chase & Co., Goldman Sachs, Bank of America and nine other global financial institutions have pledged to further their commitment to diversity efforts in the legal profession, outlining a list of goals for themselves and their peers in an open letter shared Tuesday with Law360.
Read full article »

Bryan Cave Snags High Court Practice Co-Chair From Sidley
Sidley Austin LLP's West Coast head of the firm's appellate and supreme court group has moved to Bryan Cave Leighton Paisner LLP, his new firm announced Tuesday.
Read full article »

Jay-Z's Files Unsealed In Perfume Case As Secrecy Bid Fails
A New York state judge declined to seal a large cache of documents belonging to Jay-Z on Tuesday in a lawsuit that claims the rap icon didn't promote a perfume as promised, only letting him redact information like his phone number from a personal schedule.
Read full article »

The Top In-House Hires Of September
Legal department hires during September included high-profile appointments at Zoom, AAA and BroadwayHD. Here, Law360 looks at some of the top in-house announcements from the past few weeks.
Read full article »

Northern District Of Ga. Says No Jury Trials Until 2021
As coronavirus levels stay high in Georgia, the federal district that includes Atlanta said Tuesday it will hold no jury trials before next year, including high-profile showdowns like the $400 million kickbacks case against two former Tenet Healthcare Corp. executives.
Read full article »

JOBS
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Earthjustice
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Director of Strategic Legal Advocacy
Earthjustice
Washington, DC or San Francisco

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