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Public Policy
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May 28, 2024
EEX, Nasdaq Power Offer EU Fixes For Deal
European Energy Exchange AG and Nasdaq have offered fixes for potential competition concerns raised by the planned sale of Nasdaq's European power trading and clearing business after enforcers in several European member states referred the deal for a review.
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May 28, 2024
FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.
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May 28, 2024
Workplace Civil Rights Suit Gets Full Mich. High Court Hearing
The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case.
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May 28, 2024
Exxon Investor Broadens Promise To Nix Climate Proxy Bid
An activist investor sued by Exxon Mobil Corp. over a now-withdrawn shareholder proposal concerning climate change has again called on the oil giant to withdraw its suit after broadening its previous promise not to resubmit the proposal in the future.
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May 28, 2024
Immigration Programs' Survival Justifies $3.7M Fee, Attys Say
The attorneys who challenged Trump-era orders ending immigration protections for people from countries in crisis are seeking a $3.7 million fee award, telling a California federal judge that the Biden administration's rescission of the orders showed their lawsuit was successful.
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May 28, 2024
Colo. Justices Say Actual Bias Not Needed To Recuse Judges
Colorado justices on Tuesday said that litigants don't need to prove actual bias to disqualify a judge but still need to get pretty close to that standard, finding a judge who was shot at in her car did not need to step down from a road rage case.
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May 28, 2024
Ex-Ill. Prosecutor Arrested, Charged For Woodchipper Threat
A former assistant state's attorney in suburban Chicago's DuPage County has been arrested and charged with threatening the children of two Illinois state representatives in an online post in which he allegedly suggested he would put them into a woodchipper.
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May 28, 2024
Coverage Recap: Day 17 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day 17.
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May 28, 2024
Mich. Atty Can't Have Dominion Info, Pa. Court Told
Dominion Voting Systems told a Pennsylvania state court Tuesday that information copied from election machines as part of a county's fraud probe was "fruit of the poisonous tree" and can't be shared with a Michigan attorney who has been in hot water for allegedly accessing other states' machine data and releasing the privileged information.
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May 28, 2024
Head Of Judicial 'Progressive Powerhouse' To Step Down
Russ Feingold will step down next year as president of the American Constitution Society, which is a liberal counterpart to the Federalist Society.
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May 28, 2024
Edwards Urges Full Fed. Circ. To Limit FDA Safe Harbor
Edwards Lifesciences has petitioned the full Federal Circuit to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development, arguing that if Congress wanted the statute to be interpreted broadly, "it would have said exactly that."
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May 28, 2024
Trump's Florida Prosecutors Scolded For Gag Order Filing
The Florida federal judge overseeing Donald Trump's classified documents case on Tuesday temporarily rejected the government's request for a limited gag order and admonished prosecutors for what she said was a lack of "substance and professional courtesy" in their conferral with defense attorneys before filing the motion.
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May 28, 2024
High Court Urged To Review NY Rent Law Challenge
Four interested third parties have urged the U.S. Supreme Court to review a suit challenging two 2019 changes to New York rental laws, arguing that high court intervention is needed to protect property rights across the country.
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May 28, 2024
Feds Push Back At Hunter Biden's 2nd Bid To Ditch Gun Case
Special counsel for the government urged the Third Circuit to deny Hunter Biden's second attempt to appeal a Delaware federal judge's refusal to dismiss his felony firearm charges, stating Biden's interpretation of guiding precedent would "swallow the final judgment rule whole."
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May 28, 2024
Industry Lines Up Behind Net Neutrality Repeal Measure
Broadband service providers lined up Tuesday to support a Republican-backed U.S. House bill to repeal the Federal Communications Commission's recently passed net neutrality rules, but the measure faces a chilly reception in the Democrat-controlled Senate.
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May 28, 2024
Gorsuch Unhappy Court Won't Rethink Jury Size Precedent
In a strongly worded dissent Tuesday, Justice Neil Gorsuch said the U.S. Supreme Court needs to rethink precedent that "made the unthinkable a reality" by permitting juries of fewer than 12 people to decide cases involving serious criminal offenses.
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May 28, 2024
Serial Numbers Tie Gold Bars To Menendez, Jury Hears
The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.
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May 28, 2024
Colo. Creates Tax Credits For Agricultural Stewardship
Colorado farms and ranches that use certain agricultural stewardship practices will be eligible for tax credits of up to $300,000 under legislation signed into law by Gov. Jared Polis.
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May 28, 2024
Insurers Sue To Invalidate DOL ERISA Investment Advice Rule
The American Council of Life Insurers and other insurance groups accused the U.S. Department of Labor's recently finalized retirement investment advice regulations of exceeding DOL authority and violating federal administrative procedure laws in the second such suit filed in Texas court.
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May 28, 2024
FTX Exec Who Acted As Bankman-Fried 'Tool' Gets 7½ Years
A Manhattan federal judge hit cryptocurrency finance expert and former FTX executive Ryan Salame with a 7½-year sentence Tuesday for duping a bank to authorize $1.5 billion of illegal transfers and making fraudulent campaign contributions for the exchange's convicted founder, Sam Bankman-Fried.
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May 28, 2024
Justices Pass On Fight Over FERC Power Market Cap Rule
The U.S. Supreme Court on Tuesday declined to review a D.C. Circuit decision backing the Federal Energy Regulatory Commission's change of bidding practices for electricity capacity auctions run by PJM Interconnection, the nation's largest regional grid operator.
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May 28, 2024
High Court Won't Hear Pilot HOA's Rail Easement Case
The U.S. Supreme Court has declined to hear a request from an Alaska homeowners association made up of pilots to review a Ninth Circuit decision giving a railroad control of an easement cutting into an airstrip for an airplane-centric subdivision.
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May 28, 2024
Justices Will Review EPA's 'Vague' SF Water Pollution Regs
The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.
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May 24, 2024
Live Nation Ticket Buyers Follow Feds With Antitrust Suit
Live Nation and Ticketmaster were hit with a consumer antitrust proposed class action Thursday accusing them of monopolizing concert promotion and ticketing for major concert venues following their 2010 merger, which comes on the heels of the U.S. Department of Justice's own lawsuit.
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May 24, 2024
5 Themes That Could Determine Trump's NY Criminal Trial
With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.
Expert Analysis
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Key Priorities In FDIC Report On Resolving Big Bank Failures
The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.
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Opinion
SEC Doesn't Have Legal Authority For Climate Disclosure Rule
Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.
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A Look At Subchapter V As Debt Limit Expiration Looms
If proposed legislation to extend Subchapter V’s debt eligibility ceiling sunset date in June is passed, bankruptcy professionals can seek ways to work with their local jurisdictions to advocate for code changes and guidance that bring more efficiencies and clarity to the process, say Matthew Brash at Newpoint Advisors and Melinda Bennett at Stretto.
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Opinion
SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
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8 Fla. Statutes That Construction Cos. Should Prepare For
In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.
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Game-Changing Decisions Call For New Rules At The NCAA
From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.
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End Of Acquitted Conduct Sentencing Can Spark More Reform
The U.S. Sentencing Commission’s recent end to factoring acquitted conduct into federal sentences could signal the start of a more constitutionally sound advisory scheme, but Congress and the Supreme Court must first authorize the commission to resolve two constitutional errors baked into its guidelines, say Mark Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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Opinion
Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.