Current Legal News for Attorneys

Antitrust & Competition

TOP STORY: Justice Department files suit to stop merger of defense contractors
The proposed acquisition would allegedly threaten imminent competition for a government contract to provide operational modeling and simulation services. Management and information technology consulting firm Booz Allen Hamilton Holding Corporation’s proposed acquisition of defense company EverWatch Corp. (EverWatch), a subsidiary of EC Defense Holdings LLC, would harm competition in the market for operational modeling and simulation services to t...

Banking & Consumer Finance

TOP STORY—CFPB details prohibition on ‘convenience fees’ charged by debt collectors
The Fair Debt Collection Practices Act prohibits collectors from charging unauthorized, unlawful interest and expenses. Federal law often prohibits debt collectors from charging “pay-to-pay” fees, according to an advisory opinion from the Consumer Financial Protection Bureau. Debt collectors may only collect amounts expressly authorized by the underlying agreement or otherwise affirmatively permitted by law, according to the CFPB’s advisory opini...

COVID-19 Resources

TOP STORY—7th Cir.: Pediatric physician denied reinstatement claiming COVID-19 vaccine religious exemption
By Brian Craig, J.D. The physician failed to show irreparable harm for a preliminary injunction by claiming deterioration in professional skills or a difficult job search. A pediatric ICU physician who was terminated for failing to comply with an Indiana hospital’s COVID-19 vaccine mandate has failed to show that he would suffer irreparable harm without a preliminary injunction, the U.S. Court of Appeals for the Seventh Circuit has held. In affir...

Cybersecurity & Privacy

Starks Aims to Expand FCC’s Work on Cybersecurity
The FCC’s efforts to revoke the operating authority of telecom carriers beholden to adversarial foreign governments is “an important first step,” but the Commission should also look at the threat posed by those carriers when they provide U.S.-based data storage and private services, according to Commissioner Geoffrey Starks. In a speech yesterday at the Rural Wireless Association’s Rural Wireless Infrastructure Summit, Commissioner Starks recalle...

Healthcare

TOP STORY—U.S.: Court invokes major questions doctrine to invalidate EPA regulations
Three dissenting Justices claimed that the Court’s “advisory opinion” stripped the EPA “of the power Congress gave it to respond to ‘the most pressing environmental challenge of our time.’” The U.S. Supreme Court invoked the major questions doctrine to invalidate EPA regulations that regulated greenhouse gas emissions from power plants. The Court ruled that by arguing that section 111(d) of the Clean Air Act “empowers it to substantially restruct...

Intellectual Property

TOP STORY—3d Cir.: Digital messages to ignite pyrotechnics system lacked ‘even a spark of creativity’
The digital codes were created for functional purposes and were put together under purely mechanical rules. The digital codes sent by a pyrotechnics control system were not entitled to protection under the Copyright Act because they were no more than “an inevitable system dictated by the logic” of the setup, the U.S. Court of Appeals for the Third Circuit has held. The court, reversing a preliminary injunction in favor of the fireworks company an...

Labor & Employment Law

TOP STORY—NLRB: Employer unlawfully refused to bargain with incumbent union at hospital following acquisition
The employer did not discharge its Section 8(d) duty to bargain by conditioning an in-person meeting upon the submission of written proposals. An employer, an admitted successor employer, unlawfully withdrew recognition from a union representing five bargaining units of employees before any negotiations had taken place, ruled a divided three-member panel of the NLRB, in a 2-1 decision. Instead of bargaining with the union, the employer required t...

Products Liability & Insurance

TOP STORY—CHEMICAL PRODUCTS—D. Maine: Maine suit against paper mills for PFAS contamination to proceed
Maine has determined that it is unsafe for a well to be contaminated with per- and polyfluoroalkyl substances and their constituents in amounts greater than 20 parts per trillion. The wells owned by the landowners in this case contained over six times the limit. A federal district court in Maine found that a group of Maine landowners plausibly pleaded that per- and polyfluoroalkyl substances and their constituents (PFAS) disposed of by six local ...

Securities

TOP STORY—U.S.: Justices curb EPA climate authorities; will SEC disclosure proposal survive major questions doctrine?
The SEC, if it adopts its proposed climate-related disclosure regulation, may face a legal challenge premised on the major questions doctrine but the SEC’s proposal floats some preemptive arguments against applying that doctrine. The U.S. Supreme Court invoked the major questions doctrine to invalidate EPA regulations that regulated greenhouse gas emissions from power plants. The Court ruled that by arguing that Section 111(d) of the Clean Air Ac...