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Public Policy
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June 24, 2024
High Court Won't Take Up Michigan Tribal Tag Dispute
The U.S. Supreme Court on Monday declined to take up a petition by a Native American man seeking to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions stemming from a dispute over tribal-licensed tags.
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June 24, 2024
AT&T Must Keep Basic Services Intact, Calif. Regulators Say
California regulators have required AT&T to maintain its commitment to basic phone service by denying its bid to withdraw as a "carrier of last resort," a decision that has prompted the company to pursue legislation that would maintain the designation only for rural communities that have limited options for telecom service.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
GOP Rep. Seeks To Revive 'Inherent Contempt' For Garland
Rep. Anna Paulina Luna, R-Fla., plans to bring up a resolution this week to hold Attorney General Merrick Garland in inherent contempt of Congress, a "long dormant" procedure as Republicans continue their investigations of the president.
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June 24, 2024
US DOT Final Rule Ups Freight Rail Hazmat Disclosures
Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.
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June 24, 2024
Justices' Removal Notice Decision Unwinds 3 Migrants' Wins
The U.S. Supreme Court's recent endorsement of multipart removal notices resulted in the Monday vacatur of three circuit court decisions offering migrants another chance at fighting deportation after receiving notices that initially omitted important information about their removal hearings.
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June 24, 2024
DOL Still Mulling Changes To Pension De-Risking Guidance
The U.S. Department of Labor told Congress in a new report Monday it hasn't ruled out changing guidance used by retirement plan managers when selecting an annuity provider for pension de-risking transactions, which involve the exchange of defined benefit pension plan liabilities for annuity insurance contracts.
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June 24, 2024
Landlord Says Insurer Botched Coverage For $1M State Deal
A Colorado landlord accused an insurance broker and carrier of secretly adding an endorsement to its policy to bar coverage for a $1 million settlement the landlord entered into to resolve a state investigation over alleged misuse of tenant funds.
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June 24, 2024
Google's Brin, Pichai Must Face Texas Ad Tech Depos
Google CEO Sundar Pichai is bound for the deposition chair for 4 hours of testimony while company co-founder Sergey Brin is facing 2.5 hours after a Texas federal judge refused Friday to spare the executives from a state enforcer antitrust lawsuit targeting the search giant's digital advertising placement technology.
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June 24, 2024
Trump Mar-A-Lago Case Is Unlawfully Funded, Fla. Judge Told
An attorney defending Donald Trump against the federal government's accusation that he illegally retained classified documents at Mar-a-Lago after leaving the White House in 2021 told a Florida judge Monday the criminal indictment should be dismissed against the former president, saying that the case isn't lawfully funded.
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June 24, 2024
NM Sued Over Sustainable Building Credit Award Process
A New Mexico apartment complex alleges that the state violated its due process rights after it was denied sustainable building tax credits for most of its units, according to a complaint filed in federal court.
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June 24, 2024
Justices Pass On Conn. School Vaccine Mandate Fight
The U.S. Supreme Court on Monday declined to review a Second Circuit decision that largely upheld the dismissal of a suit challenging a Connecticut law passed during the COVID-19 pandemic that revoked religious exemptions to student vaccine mandates.
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June 24, 2024
Construction Super Says Name Was Secretly Used On Permits
A unit of construction engineering firm Structural Group Inc. improperly used the name of a licensed construction supervisor on at least half a dozen Massachusetts projects in which he was not involved, according to a lawsuit filed Monday in Norfolk County Superior Court.
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June 24, 2024
GOP States Can't Freeze PWFA Regs During 8th Circ. Appeal
A coalition of Republican attorneys general can't pause implementation of the U.S. Equal Employment Opportunity Commission's fresh Pregnant Workers Fairness Act regulations while they appeal the dismissal of their suit, an Arkansas federal judge ruled, saying the states hadn't presented any new arguments to justify the respite.
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June 24, 2024
Paper Bag Imports Found To Have Harmed US Industry
The U.S. International Trade Commission ruled that paper shopping bags from eight countries harmed the domestic industry, providing the final green light for the U.S. Department of Commerce to enact countervailing and anti-dumping duties on the products.
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June 24, 2024
Justices Affirm 6th Circ. Decision Allowing Bump Stocks
The U.S. Supreme Court on Monday rejected the government's appeal of a Sixth Circuit decision blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives' ban on so-called bump stocks, after finding in a separate case that the ATF rule went beyond the agency's authority.
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June 24, 2024
Justices Pass On Rutgers COVID-19 Vax Mandate Case
The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.
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June 24, 2024
Blumenauer Predicts Cannabis Rescheduling Before Year-End
U.S. Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who is retiring this year, told cannabis attorneys on Monday that he was optimistic marijuana would be moved to Schedule III under the federal Controlled Substances Act before the end of the year.
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June 24, 2024
High Court To Review State Gender Care Bans
The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.
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June 24, 2024
Justices Will Review Request To Rein In NEPA Requirements
The U.S. Supreme Court on Monday granted seven Utah counties' request that it review a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah.
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June 22, 2024
Disciplinary Judge Hesitant To Oust Embattled Colo. DA
A Colorado attorney disciplinary judge said Friday he was uncomfortable removing an elected local prosecutor facing various misconduct charges, telling the parties after closing arguments that voters' choices should carry some weight.
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June 21, 2024
Kaspersky Hit With Sanctions In Wake Of US Software Ban
The U.S. Department of the Treasury on Friday sanctioned a dozen AO Kaspersky Lab executives, just a day after the U.S. Department of Commerce prohibited the sale of the Russia-based company's antivirus software and cybersecurity products in the United States.
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June 21, 2024
DOL Says Union's Farm Wage Challenge Too Late
The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.
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June 21, 2024
Lawmakers Visit Imprisoned Ex-IRS Agent And Binance Exec
Rep. French Hill, R.-Ark., and Rep. Chrissy Houlahan, D.-Pa., reiterated their calls for the release of Binance executive and former IRS agent Tigran Gambaryan after visiting with him in the Nigerian prison where he's being detained on money laundering charges levied against his employer.
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June 21, 2024
4 Big Banks Cited For 'Living Will' Weaknesses By Fed, FDIC
Federal regulators said Friday that half of the nation's largest U.S. banks will need to shore up weaknesses identified in their most recent "living wills," plans that detail how they could be resolved quickly and safely in the event of severe distress or failure.
Expert Analysis
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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What DOL Fiduciary Rule Means For Private Fund Managers
Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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High Court's Abortion Pill Ruling Shuts Out Future Challenges
The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.