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Public Policy
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October 29, 2024
NYC Mayoral Straw Donor Scheme Sees Another Guilty Plea
A bookkeeper enmeshed in a straw donor scheme to benefit New York City Mayor Eric Adams' 2021 campaign copped to a violation on Tuesday as part of a deal with the Manhattan District Attorney's Office, effectively closing out the case.
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October 29, 2024
Fla. Banker Agrees To Change Plea In Money Laundering Case
A Miami banker who is the son of Ecuador's ex-comptroller on Tuesday agreed to change his plea to guilty in a federal case alleging that he helped launder money for his father, who was convicted for his role in a corruption scandal that involved canceling fines for a hydroelectric dam in exchange for millions in bribes.
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October 29, 2024
FCC, Calif. Agency To Team Up To Protect Privacy
The Federal Communications Commission is going to be teaming up with one of California's consumer protection agencies to enforce privacy rights in the Golden State, the pair announced Tuesday.
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October 29, 2024
Mining Regs Have World Effect On Tribes, High Court Told
A chief of an Indigenous Brazilian community is backing an Arizona tribe in its bid to overturn a decision that allows a copper mining company to discharge treated wastewater into a local waterway, telling the Supreme Court that pollution from such operations impacts more than just health around the world.
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October 29, 2024
ByteDance's Sanctions Bid Against Ex-Worker Delays Trial
A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.
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October 29, 2024
Merger Guides In Fashion As Court Pauses Handbag Deal
The Federal Trade Commission scored a major win last week with a court order pausing the planned $8.5 billion merger between the owners of Coach and Michael Kors, but the ruling stopped short of fully embracing enforcers' recent attempts to influence merger law.
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October 29, 2024
Fla. Health Agency's All-Out Battle Against Abortion Measure
Florida's health agencies are testing the limits of their power — and generating plenty of controversy in and outside of court — for their role in an aggressive effort to defeat a ballot measure that would enshrine abortion rights in the state constitution.
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October 29, 2024
US Finalizes Investment Ban On Chinese Emerging Tech
The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign.
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October 29, 2024
Epic Urges 9th Circ. Not To Pause Google Play Store Fixes
Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.
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October 29, 2024
Developer Can't Revive COVID-19 App Suit Against Apple
A California federal judge declined to revive an antitrust suit against Apple for not distributing a COVID-19 tracking app on its app store, saying a Ninth Circuit denial of the app maker's appeal after the case was dismissed in district court "is the law" of the case.
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October 29, 2024
NJ Researcher Wants DNA Test On Lindbergh Baby Evidence
A New Jersey woman pleaded with a state appellate panel on Tuesday to allow her to test evidence in the 1932 kidnapping and murder of the toddler son of aviator Charles Lindbergh, contending that new technology can determine whether anyone besides the man put to death for the crime was involved.
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October 29, 2024
Lawmakers Want Update On Copyright Office's AI Reports
The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.
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October 29, 2024
Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'
A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him.
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October 29, 2024
Philly Cops Lose Free Speech Suit Over Facebook Posts
A group of active and former Philadelphia Police Department officers disciplined for inflammatory Facebook activity have lost their First Amendment lawsuit against the city, with a Pennsylvania federal judge ruling Tuesday that the city had the right to terminate officers for making racist, violent and otherwise offensive posts.
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October 29, 2024
Republic First Bank Discriminated Before It Failed, NJ Says
New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.
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October 29, 2024
4th Circ. Quizzes Drugmaker Challenging W.Va. Abortion Law
An attorney arguing that West Virginia is preempted by federal law from restricting access to an abortion medication faced skeptical questions Tuesday from two judges who suggested it's entirely normal for states to regulate the practice of medicine.
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October 29, 2024
6th Circ. Judge Rejects Flint Comparison In Benton Harbor
A Sixth Circuit judge asked during oral arguments Tuesday if Michigan's government could have done more to monitor the response to lead contamination in a city's water supply, as another judge seemed to doubt that the allegations against the state rose to the level of constitutional violations.
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October 29, 2024
Ga. Court Says Apt. Must Face Shooting Death Suit
The Georgia Court of Appeals affirmed a trial court ruling holding that an apartment complex company's attempt to waive its liability for third-party crimes in a lease agreement with a tenant who was shot and killed is void and unenforceable under Peach State law.
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October 29, 2024
Ex-Cleveland Councilman Can't Cut 6-Year Fraud Sentence
An Ohio federal judge will not allow a former Cleveland city councilman to get out of jail on compassionate release, ruling the ex-politician "has never demonstrated any remorse for his criminal conduct" and should serve the remainder of his six-year fraud sentence.
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October 29, 2024
NBCU Wants Trump's Immunity Arguments Broadcast
NBCUniversal is asking the D.C. federal court to provide a live feed of the "historic oral argument" over whether Donald Trump is immune from prosecution on charges that he conspired to overturn the results of the 2020 election.
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October 29, 2024
ND Riverbed Fight Has Been Festering For 50 Years, Court Told
A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.
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October 29, 2024
Beyond Abortion, 7 Ballot Questions Set To Shape Care
While reproductive rights have led the healthcare debate this election season, voters across the country will shape state policies on a number of other hot issues, including a Medicaid work requirement and coverage for IVF. Law360 Healthcare Authority looks at seven ballot measures that go beyond abortion.
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October 29, 2024
BOEM Holds Gulf Of Maine Wind Lease Sale
An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.
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October 29, 2024
FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told
The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.
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October 29, 2024
FCC Denies Another Bid To Shelve Prison Phone Rate Caps
The Federal Communications Commission has rejected another bid to delay new prison phone rate caps, this time from a company that sought a narrow hold while the FCC weighs its request to reconsider certain limitations on provider revenue.
Expert Analysis
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Opinion
FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos
A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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Staying Off The CFPB's Financial Services Offender Registry
The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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New HHS Research Misconduct Rules Bring Seismic Changes
The U.S. Department of Health and Human Services' new rule regarding research misconduct investigations brings significant changes that focus on remediation, appeals and confidentiality, while other changes could result in institutions causing undue harm to scientists accused of such misconduct, say attorneys at Cohen Seglias.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.