Public Policy

Expert Analysis

• How SEC's Climate Proposal Could Affect Litigation Risk

  

  The U.S. Securities and Exchange Commission's proposed rule on climate-related disclosures could increase companies' risk of being targeted by litigation — but there are also a number of legal obstacles that could limit plaintiffs' ability to prove their claims and establish damages, say attorneys at Cleary.

• The Pros And Cons Of US-China Auditing Oversight Deal

  

  A recent agreement between the Public Company Accounting Oversight Board and Chinese securities regulators opens the door for U.S.-listed companies audited by China-based accounting firms to continue trading on U.S. exchanges, but may also increase companies' enforcement risk, say attorneys at Morgan Lewis.

• Anticipating Expansion Of FTC's Section 5 Antitrust Authority

  

  The Federal Trade Commission is considering implementing rulemaking to clarify the conduct that it will consider an antitrust violation under Section 5, a move that could expand the agency's reach with consequential results for businesses and individuals, say attorneys at Duane Morris.

• Key Adaptations For Law Firms Amid Quiet Quitting Movement

  

  While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

• What New Colo. Noncompete Law Means For Employers

  

  Mary Will and Jill Zender at Faegre Drinker discuss key elements of a newly effective Colorado law that adds further restrictions to the use of worker noncompete agreements, explain what types of contracts are still permissible in the state, and share employer compliance tips.

• Opinion

  Cannabis Legalization Must Address Monopoly Dangers

  

  As lawmakers consider federal cannabis legalization, they must beware the potential dangers to public health and social equity posed by large marijuana conglomerates — and prioritize anti-monopoly principles, say Shaleen Title at Parabola Center for Law and Policy and Matt Stoller at the American Economic Liberties Project.

• The Potential Fallout Of Changing FCC's Broadband Definition

  

  Federal Communications Commission Chairwoman Jessica Rosenworcel's recent proposal would be the first update to FCC broadband standards in many years, and could have a significant effect on FCC internet policies, including whether it will reinstate its network neutrality rules, say J.G. Harrington and Henry Wendel at Cooley.

• How EU Plan Would Cut Red Tape To Boost Green Hydrogen

  

  A recent proposal from the European Parliament would greatly simplify the requirements for production of renewable fuels including green hydrogen and green ammonia — indicating that Europe is moving toward a more flexible and business-friendly regulatory environment for the green hydrogen sector, say attorneys at Shearman.

• Creating A Hybrid Work Policy? Be Intentional And Inclusive

  

  The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

• Opinion

  2 Legislative Reforms Would Address Many Immigration Woes

  

  Congress should pass currently pending legislation to create an Article I immigration court and update the registry process — reforms that would shield immigration courts from political pressure, enable many longtime residents to cure their immigration status, and alleviate case backlogs, says retired immigration judge Dana Leigh Marks.

• Physician Noncompetes May Get Federal Antitrust Treatment

  

  While interpretation and enforcement of health care noncompete agreements have traditionally been viewed as state law matters, the agreements are increasingly facing scrutiny of their anticompetitive effects at a national level, say John Zen Jackson and Jessica Carroll at Greenbaum Rowe.

• How Cos. Can Adhere To New Calif. Kids Online Privacy Law

  

  In order to comply with a new California law aimed at protecting the well-being, data and privacy of children online, businesses must take steps to estimate the age of young users, configure default privacy settings to a higher level, and design products to mitigate risk, says Charlotte Lunday at Hintze Law.

• Biden Order Renews Spotlight On Advancement Of US Biotech

  

  Last week's executive order on sustainability and innovation in biotechnology and biomanufacturing is a hopeful first step toward identifying areas of regulatory ambiguity and developing a coordinated portal for guidance, with multiple avenues for industry involvement in shaping future policy, say Jacqueline Berman and Kathleen Sanzo at Morgan Lewis.

• OFAC's Tornado Cash Sanctions Create Legal Uncertainty

  

  The Office of Foreign Assets Control’s recent sanctioning of digital currency mixing service Tornado Cash may have exceeded the agency’s authority, and has created uncertainty for potential developers of decentralized crypto mixing and privacy enhancing applications about whether such conduct is lawful, say Michael Bresnick and Christopher Boone at Venable.

• Unpacking The Shift In DOJ Corporate Enforcement Policy

  

  Attorneys at Paul Hastings provide takeaways for companies seeking to mitigate increased enforcement risks from the U.S. Department of Justice's recent corporate prosecution policy changes, including greater focus on individuals, requirements for cooperation credits, evaluations of prior misconduct, expectations for compliance programs and factors for determining whether to impose a monitor.