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Public Policy
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June 04, 2024
NJ Pitches Rule To Clarify Disparate Impact Bias Ban
New Jersey's civil rights agency proposed a rule laying out the standards for the state's prohibitions on workplace policies that have a disproportionate impact on people in protected classes.
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June 04, 2024
Sens. Offer Stark Takes On Abortion Two Years Post-Dobbs
Republican and Democratic members of the Senate health committee on Tuesday offered two different views of abortion in America two years after the Dobbs Decision overturned the federal right to the procedure.
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June 04, 2024
Biden Halts Noncitizens' Entry At Southern Border
President Joe Biden announced executive measures on Tuesday to temporarily suspend the entry of noncitizens at the southern border and bar asylum claims from those crossing illegally — measures that the American Civil Liberties Union immediately vowed to challenge in court.
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June 04, 2024
11th Circ. Affirms Nix Of IRS Easement Disclosure Guidance
The Eleventh Circuit affirmed Tuesday that an Internal Revenue Service notice imposing reporting requirements on potentially abusive conservation easements was invalid because the agency failed to solicit the public feedback required by administrative law.
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June 04, 2024
MLB Player Banned For Life For Betting Violations
Major League Baseball has permanently banned San Diego Padres infielder Tucupita Marcano, and handed down a one-year ban to Oakland Athletics pitcher Michael Kelly and three minor leaguers, for betting on baseball, according to a Tuesday statement.
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June 03, 2024
MLB Says Padres Star May Have Breached Betting Rules
San Diego Padres infielder Tucupita Marcano is being investigated for allegedly placing bets on baseball games last season while he was playing for the Pittsburgh Pirates, a Major League Baseball spokesperson confirmed Monday.
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June 03, 2024
Hooters Can't Yet Ditch Ex-Workers' Sex Harassment Claims
A California appellate court has refused to undo a lower court's decision finding that Hooters of America must continue to fight former servers' allegations that they were harassed and abused at work, ruling that Hooters hasn't met its burden of showing that it was entitled to summary adjudication.
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June 03, 2024
11th Circ. Backs Freeze Of Grants For Black Women Only
In a split decision Monday, the Eleventh Circuit said that a Georgia federal judge should have blocked a Black-led venture capital firm from awarding grants to businesses owned only by Black women, opining that the practice was "substantially likely" to violate federal law barring racial discrimination in the writing of contracts.
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June 03, 2024
Substitute Teacher Co. Says Colo. Classification Rule Illegal
An independent platform said that an upcoming Colorado rule requiring it to consider employees the substitute teachers it helps schools find will hurt its business, urging a Colorado state court to halt the new policy going into effect on July 1.
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June 03, 2024
Ft. Lauderdale Sued Over Police Response To Floyd Protests
Several people who participated in the 2020 George Floyd protests have brought a proposed class action in Florida federal court against Fort Lauderdale officials, alleging their civil rights were violated by the police department's violent response to the peaceful demonstrations.
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June 03, 2024
USDA Proposes Another Rule To Protect Chicken Farmers
The U.S. Department of Agriculture proposed a rule Monday to make changes to the way poultry farmers are compensated, as the agency looks to address alleged abuses by the large processing companies that also supply the chickens.
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June 03, 2024
Enviro Groups Ask 9th Circ. To Affirm Blocked Logging Plan
Several environmental groups have urged the Ninth Circuit to uphold a Montana federal judge's decision halting a large logging operation in the Kootenai National Forest over concerns about the project's effect on grizzly bears and old-growth trees.
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June 03, 2024
Colo. Gov Signs Compromise Bill Raising Damages Caps
Colorado Gov. Jared Polis on Monday signed a law that will increase statutory caps on noneconomic damages for wrongful death and injury claims, as part of a deal to avoid a ballot-box fight between medical providers and personal injury lawyers.
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June 03, 2024
Justices Won't Review Contempt Sanctions Against Drug Co.
The U.S. Supreme Court won't hear Hi-Tech Pharmaceuticals' challenge to the Federal Trade Commission's $40 million judgment against it for misrepresenting weight-loss drugs and violating an injunction.
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June 03, 2024
Kroger, Albertsons Can't Get More Info On FTC Markets
An Oregon federal judge denied Kroger and Albertsons' requests for more information on the markets at issue in the Federal Trade Commission's ongoing attempt to block their merger, saying the companies' request is premature and excessively broad.
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June 03, 2024
Defense Cos. Seek Looser Export Controls In AUKUS Rule
Defense companies and industry groups have urged the State Department to expand export licensing exemptions included in a proposed rule intended to help implement the AUKUS agreement or risk undermining the intent of the trilateral defense cooperation deal.
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June 03, 2024
FTC Gets Backing Against Noncompete Rule Challenge
The Federal Trade Commission has received backing against a challenge of its new rule banning noncompete clauses, with a labor group, local lawmakers and others urging a Texas federal court not to prevent the rule from taking effect in September.
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June 03, 2024
Exxon Fights Activist Investor's 'Toothless' Dismissal Bid
Exxon Mobil Corp. is not backing away from a Texas lawsuit accusing investment adviser Arjuna Capital of improperly meddling in its business affairs by backing a proposal to reduce the company's greenhouse gas emissions, calling promises not to resubmit similar proposals in the future "toothless" in the wake of activist shareholder pressure to change the company's climate policy.
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June 03, 2024
Clear Rate Faces 4 New FCC Complaints Over 'Slamming'
Michigan-based Clear Rate Communications is yet again in the Federal Communications Commission's crosshairs over allegations of "slamming," with the commission ordering the company to wipe new customers' charges for the third time this year.
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June 03, 2024
Ex-Official Says Menendez Sparked Fear Of Ag Industry 'Harm'
A former U.S. Department of Agriculture official conceded under cross-examination Monday that a phone call he received from U.S. Sen. Robert Menendez about an acquaintance's certification business for meat exported to Egypt was like dozens he received from lawmakers advocating for their constituents, but he said it still left him worried for the industry.
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June 03, 2024
Improper DHS Appointment Voids Asylum Rule, Groups Argue
Two immigrant advocacy groups suing the federal government over a Trump-era rule that narrowed asylum eligibility have told a D.C. federal judge that the changes must be vacated, arguing that former acting U.S. Department of Homeland Security chief Chad Wolf was improperly appointed, making the changes void.
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June 03, 2024
Congress' Crypto Votes Lay Groundwork For Next Session
Congress' sudden and surprisingly bipartisan momentum on crypto policy is unlikely to result in a signed law this year, but the agreements set the stage for proposals that could go the distance next session.
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June 03, 2024
Attys Raise Safety Concerns In Feds' Bid To End Flores Deal
Attorneys for human rights organizations in the long-running Flores litigation are opposing the Biden administration's bid to partially terminate an agreement in the case mandating safety standards for minors in immigration detention, saying it could weaken existing protections.
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June 03, 2024
DC Judge Axes Ariz. Tribe's $2.6M Veteran Care Claims
A D.C. federal court judge dismissed an Arizona tribe's bid to recoup nearly $2.6 million in Native American veteran care reimbursements from the federal government, saying the tribe has not plausibly alleged that the Indian Health Services' actions in withholding the funding caused any injury.
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June 03, 2024
Software Group Says IP Quality, Not Quantity, Is The Goal
Making sure patent standards are up to snuff, using artificial intelligence when looking into whether patents are viable and having the Patent Trial and Appeal Board maintain high standards when reviewing patents are goals federal patent officials should focus on, according to a trade collective of software businesses.
Expert Analysis
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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Ohio Tax Talk: The Legislative Push For Property Tax Relief
As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Aviation Watch: Mostly Smooth Landing For New FAA Law
The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.
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Series
In The CFPB Playbook: Regulatory Aims Get High Court Assist
Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.
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National Security And The Commercial Space Sector: Part 2
Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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FTC Hearing On Fake Review Rule Stressed Compliance Costs
The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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Opinion
Exec Liability Bill For Failed Banks Is Unnecessary, Unwise
A bill before the U.S. Senate, which would effectively empower the Federal Deposit Insurance Corp. to hold senior bank executives strictly liable for reasonable business decisions that lead to bank failures, needlessly overwrites the existing negligence standard and rewards counterproductive caution in management, say attorneys at Davis Polk.
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National Security And The Commercial Space Sector: Part 1
The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.