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Public Policy
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April 24, 2024
Chamber Of Commerce Sues FTC Over New Noncompete Rule
The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.
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April 24, 2024
Reggie Bush Scores Heisman Back After Nearly 15 Years
Nearly 15 years after being stripped of his records and awards, former University of Southern California running back and football legend Reggie Bush is getting his 2005 Heisman Trophy back, with the Heisman Trophy Trust citing "enormous changes" in the college football environment.
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April 24, 2024
Trump Considered 'Co-Conspirator' In Mich. Elector Probe
Donald Trump and his former lawyers Rudy Giuliani and Jenna Ellis are considered unindicted co-conspirators in an alleged plot to cast Michigan's electoral votes for the former president following the 2020 election, a witness revealed Wednesday in criminal proceedings against the so-called false electors.
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April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker
The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.
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April 24, 2024
Senate OKs Testimony And Evidence For Menendez Trial
U.S. senators and current and former staff members have received approval to testify at the bribery trial of Sen. Robert Menendez of New Jersey, which begins in federal court in New York on May 13.
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April 24, 2024
EPA Floats $1B In School Bus, Truck Electrification Grants
The U.S. Environmental Protection Agency on Wednesday said it would offer approximately $1 billion in grants to fund the electrification of school buses, garbage trucks and other heavy-duty commercial vehicles, another part of the Biden administration's efforts to decarbonize the U.S. transportation sector.
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April 24, 2024
Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration
A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.
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April 24, 2024
Landlords Bring NY Rent Law Challenge To High Court Again
Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.
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April 24, 2024
Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says
The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.
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April 24, 2024
Trump Says 1890s Ruling Nixes Ga. False Filing Charges
Former President Donald Trump on Wednesday told a Georgia court a 134-year-old U.S. Supreme Court case requires the court to dismiss state charges that he made false filings in federal court in an alleged attempt to overturn the results of the last presidential election.
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April 24, 2024
Trump Can't Subpoena Daniels For Alleged Bias In NY Trial
A New York state judge rejected Donald Trump's "overbroad" subpoena seeking records that the former president said would show bias by adult film star Stormy Daniels ahead of her testimony about an alleged hush money payment in 2016.
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April 24, 2024
EU Keeps Gibraltar, Panama, UAE On AML Blacklist
Gibraltar, Panama and the United Arab Emirates should remain on the European Union's blacklist of high-risk countries for money laundering, the European Parliament said, stopping the EU from following the lead of a global organization promoting standards for countries to fight those crimes.
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April 24, 2024
Biden's Latest Judge Picks Include Blocked US Atty Nom
President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.
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April 23, 2024
Ex-Auditor, County Prosecutor Win Pennsylvania AG Primary
The race for Pennsylvania's next attorney general will pit an academic who was the state's fiscal watchdog against a Navy veteran serving as a county's top prosecutor, early primary election results showed Tuesday evening.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
AGs Urged To Probe Anti-Abortion Centers' Privacy Claims
A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data.
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April 23, 2024
Maine Gov. Signs Bill Expanding Tribal Courts' Rights
Maine Democratic Gov. Janet Mills on Monday signed into law a bill that, so far, imposes the most significant change to the state's controversial Indian Claims Settlement Act since its passage more than two decades ago.
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April 23, 2024
New Ga. Law Restricts Social Media Use For Youth Under 16
A bill signed into law Tuesday by Georgia Gov. Brian Kemp imposes new restrictions on minors' internet usage, including requiring social media companies to verify that users are 16 or older unless they receive approval from an individual's parents to use the service.
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April 23, 2024
TikTok Divestment Bill Heads To Biden's Desk
The Senate voted 79-18 on Tuesday night to pass a bill requiring ByteDance Ltd. to divest the popular social media app TikTok or face a ban in the U.S., which now goes to the president's desk.
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April 23, 2024
HHS Formalizes Flores Protections For Immigrating Minors
The U.S. Department of Health and Human Services will increase oversight of the treatment of children in immigration custody and fund the minors' legal costs, according to a final regulation released Tuesday that adopts congressional recommendations and the bedrock Flores agreement.
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April 23, 2024
Globetrotters Say SBA's 'Bureaucratic Hell' Cost COVID Grant
The Harlem Globetrotters on Monday renewed their yearslong fight with the U.S. Small Business Administration over a $10 million COVID-19 relief grant, filing a new suit in D.C. federal court accusing the SBA of leaving the team in "bureaucratic hell" rather than forking over the money it's entitled to.
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April 23, 2024
SEC Critics Preview Future Challenges To Agency Action
The U.S. Securities and Exchange Commission may face new challenges to its enforcement authority from the way it imposes industry bars to the burden of proof needed to bring its civil cases, two frequent legal opponents of the agency said Tuesday.
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April 23, 2024
CFTC Formalizes Policy On Uncleared Swaps Recordkeeping
The U.S. Commodity Futures Trading Commission adopted a rule Tuesday that codifies its longstanding practice of not requiring swap execution facilities to maintain written copies of every uncleared swap agreement, a move some commissioners argued was long overdue.
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April 23, 2024
Small Providers Can't Meet 'Vague' Title II Rules, FCC Hears
Small broadband providers will need at least a six-month buffer before they have to start complying with certain net neutrality mandates, should the Federal Communications Commission vote to restore open internet rules on Thursday, according to a communications industry trade group.
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April 23, 2024
ACLU Backs States' Power To Preempt Feds' Net Neutrality
The ACLU is a supporter of the Federal Communications Commission's plans to usher in a new era of net neutrality later this month, but the civil rights organization is also pressing the agency to make sure that states are free to enact stricter open internet protections if they see fit.
Expert Analysis
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Making The Pitch For A Civil Resolution In A Criminal Case
Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.
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Del. Dispatch: How Moelis Upends Stockholder Agreements
The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Takeaways From USPTO's AI-Assisted Invention Guidance
Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.
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A New Push To Clear Up Marijuana's Foggy Legal Status
A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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Under The Hood Of The SEC Securitization Conflict Rule
Elanit Snow and Julia Vitter of Proskauer consider the U.S. Securities and Exchange Commission's recently finalized rule that prohibits conflicts of interest in certain securitization transactions, uncovering what the new regulation does and doesn’t entail, why it was adopted, and how commenters' remarks affected the process.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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The Road Ahead For Florida's Drug Importation Program
Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.