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Public Policy
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March 18, 2024
NYC Mayor Accused Of Sexually Assaulting Former Colleague
A woman sued New York City Mayor Eric Adams on Monday under the state's Adult Survivors Act, alleging he demanded quid pro quo sexual favors and sexually assaulted her after she sought career advice from him in 1993.
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March 18, 2024
Judge Irked, Pols Riled In 9-Hour NJ Ballot Design Fight
A bid by New Jersey Congressional candidates to strike the state's controversial "county line" ballot design unfolded Monday during a nine-hour courtroom showdown highlighted by a judge's impatience with the proceeding's pace and his irritation with the attorney general's willingness to criticize the layout while refusing the join the case.
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March 18, 2024
Trump Can't Use Quasi-Advice Of Counsel Defense In NY Trial
Donald Trump cannot use an informal "presence of counsel" defense in the Manhattan district attorney's hush money case against him, a New York judge ruled Monday, rejecting a strategy that would have allowed the former president to blame his ex-attorneys without having to divulge details about the purported legal advice.
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March 18, 2024
Philly Nonprofit Execs Lived Large On Co. Money, Jury Told
Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday.
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March 18, 2024
Atty For Ex-Overstock CEO Admits Dominion Discovery Leaks
A lawyer representing former Overstock.com CEO Patrick Byrne against a defamation lawsuit from Dominion Voting Systems admitted to a D.C. federal judge on Monday that she shared Dominion's discovery documents with law enforcement as Dominion's attorneys decried the leak as a flagrant violation of a court protective order.
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March 18, 2024
Meta Wants Emergency Stop Of FTC Privacy Tweaks
Meta is seeking an immediate injunction to halt the Federal Trade Commission's changes to its 2020 settlement with the company, asking the D.C. Circuit to hear its appeal before the social media giant must respond to a show cause order on why the deal shouldn't be modified.
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March 18, 2024
Senate Dems Press Congress On Broadband Subsidy Renewal
Nearly three dozen Senate Democrats urged the leadership of both chambers to restore funding for the Federal Communications Commission's broadband program as time runs short to continue paying consumer discounts for internet service.
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March 18, 2024
2nd Circ. Rejects 'New Standard' Of Patent Monopolies
A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent and Trademark Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.
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March 18, 2024
Attys Says Haitians Must Be Protected From Deportation
The White House must extend temporary protected status for Haitians currently living in the United States well before that protection expires in August due to spiraling violence in the Caribbean country, the American Immigration Lawyers Association has told the Biden administration.
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March 18, 2024
FCC Fines Ga. Radio Broadcaster Over Station Silences
The former owner of a Georgia sports radio station has been slapped with a $16,200 fine by the FCC for repeatedly suspending operations, allowing the station to change hands without permission and not answering the agency's inquiries about any of it.
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March 18, 2024
SEC's Grewal Defends 'Shadow Trading' Case Ahead Of Trial
The enforcement director of the U.S. Securities and Exchange Commission on Monday defended the agency's stance in a novel "shadow trading" case one week before it's set to go to trial, saying that while it's the first case of its kind, the underlying allegations aren't new.
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March 18, 2024
GOP Rep. Calls For Crackdown On EV Threats From China
Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.
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March 18, 2024
Feds Try To Shake Off Youths' Constitutional Climate Suit
The government has asked a California federal judge to dismiss a group of children's lawsuit alleging the Constitution guarantees "a life-sustaining climate system" and the U.S. Environmental Protection Agency allows unsafe levels of climate pollution.
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March 18, 2024
Provider To Pay $100K Fine For 'Downselling' Broadband
A fiber broadband provider in Texas and Louisiana has agreed to pay a $100,000 fine to the Federal Communications Commission for selling only its slowest service plan to customers in the Affordable Connectivity Program.
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March 18, 2024
How A Car Crash And 20 Years Of Litigation Ended With $25M
A $25.5 million verdict returned by a Georgia jury for the family of a woman killed in a 2003 taxi crash was the result of decades of litigation perseverance, with more work ahead to help ensure that a similar tragedy does not occur, her family's lawyer told Law360.
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March 18, 2024
Justice Roberts Denies Ex-Trump Aide's Bid To Avoid Prison
Former Trump White House adviser Peter Navarro is headed for federal prison.
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March 18, 2024
DHS To Test AI For Immigration Officer Training, Investigations
The U.S. Department of Homeland Security on Monday rolled out pilot projects to test the use of artificial intelligence this year, including one to train immigration officers, which the agency said could support more accurate immigration outcomes.
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March 18, 2024
BNSF, Ports Lose Bid To Narrow Wash. Stormwater Regs
Washington state appellate judges sided with a water quality watchdog Monday in a dispute over the scope of state-issued industrial stormwater permit terms, agreeing with the environmental group's broader reading of how the rules cover "transportation facilities" run by operators such as ports and railroads.
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March 18, 2024
5 Moments That Swayed Ga. Judge In the Trump Case DQ Bid
After days of testimony about the romantic and financial relationship between Fulton County District Attorney Fani T. Willis and the lawyer she appointed to lead the election interference case against Donald Trump, a Georgia judge last week ordered Willis to shuffle the prosecution team. How did he reach that ruling? Here are five moments that swayed the judge.
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March 18, 2024
North Dakota Tribes Urge 8th Circ. To Uphold VRA Ruling
Two North Dakota tribes are urging the Eighth Circuit to uphold a ruling that the state's new legislative redistricting map violated the Voting Rights Act, arguing that state lawmakers' claims that a provision of the Civil Rights Act doesn't apply to the "most significant Reconstruction amendment enforcement statute — the VRA — is unprecedented and meritless."
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March 18, 2024
Feds Say CBP Isn't Responsible For Kids At Outdoor Border Sites
The Biden administration says a California federal court can't hear claims that U.S. Customs and Border Protection is violating a 1997 settlement mandating safety standards for minors in immigration detention, saying children staying in alleged open-air detention sites aren't in CBP's custody.
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March 18, 2024
Justice Alito Blocks Texas' Migrant Arrest Law Indefinitely
U.S. Supreme Court Justice Samuel Alito on Monday once again prevented Texas from implementing a new law allowing state officials to arrest and deport migrants, issuing an order that will keep the law on ice until the court rules further.
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March 18, 2024
Food Industry Group Urges 9th Circ. To Keep GMO Labeling Rule
A trade group representing corporate giants including Coca-Cola and General Mills has urged the Ninth Circuit to keep a federal labeling rule allowing disclosure of genetic modifications to foods to be done digitally, claiming that upsetting the rule would present "significant disruption for industry and consumers alike."
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March 18, 2024
Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program
A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.
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March 18, 2024
NY Gov. Audits Pot Regulator After Troubled Rollout
New York Gov. Kathy Hochul on Monday announced an audit of the Empire State's embattled cannabis regulator to address the rocky implementation of the adult-use marijuana market, which has been plagued by delays, litigation and an explosion of unlicensed sellers.
Expert Analysis
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What The NIL Negotiation Rules Injunction Means For NCAA
A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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Takeaways From EPA's New Methane Emission Rules
Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.
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Uncertainty Surrounds Patent Eligibility Restoration Bill
A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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How AI May Be Used In Fintech Fraud — And Fraud Detection
Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.
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Antitrust Enforcers' Views On Info Exchanges Are Evolving
As antitrust enforcers' views on information exchanges between competing companies have matured in response to technological advances, companies would do well to reconsider whether the exchanges in which they participate meet the most recent compliance benchmarks, say attorneys at Norton Rose.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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Takeaways From NLRB Advice On 'Outside' Employment
Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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How The FAA Is Embracing Simplified Flight Controls
The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.