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Public Policy
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June 10, 2024
New 'Access DOJ' Aims To Nix Barriers, Boost Accessibility
The U.S. Department of Justice has announced the launch of an initiative to improve access to its programs and services, including an upcoming project to make it easier to report tips about crime or other violations of law.
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June 10, 2024
Co. Says 16 Intervenors Will Drag Out Alaska Mine Dispute
A company seeking relief from a U.S. Environmental Protection Agency decision to block a mining proposal for a stretch of pristine salmon habitat on Alaska's Bristol Bay asked a federal judge to exclude more than a dozen environmental groups from joining the case.
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June 10, 2024
Pa. Bridge Collapse Victim Can Only Get $5K, Court Told
Pittsburgh Regional Transit wants to trim claims brought by a passenger aboard a bus that was on the Fern Hollow Bridge when it collapsed in 2022, telling a Pennsylvania court that as a self-insured state agency, the most it would owe her is $5,000 for medical expenses.
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June 10, 2024
Catching Up With Delaware's Chancery Court
Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.
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June 10, 2024
Senate Judiciary Panel Urged To Investigate High Court Ethics
The Leadership Conference on Civil and Human Rights sent a letter on Monday urging the "full power" of the Senate Judiciary Committee be used to investigate the latest "ethics crisis" at the U.S. Supreme Court.
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June 10, 2024
Justices Want Feds To Weigh In On ND Voting Dispute
The U.S. Supreme Court on Monday invited the federal government to weigh in on a voting rights dispute in which two local North Dakota Republican officials seek to block newly created voting subdistricts for Native Americans after Secretary of State Michael Howe reversed course in the litigation.
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June 10, 2024
High Court To Review HHS Hospital Pay Formula
The U.S. Supreme Court on Monday agreed to review a D.C. Circuit decision siding with the Department of Health and Human Services over how the agency applies a formula for calculating disproportionate share hospital payments for Supplemental Security Income benefits.
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June 10, 2024
High Court Won't Review FCC's Universal Service Fund
The U.S. Supreme Court declined Monday to review whether the country's fee-based telecom subsidy system unlawfully delegates taxing powers from Congress to the Federal Communications Commission and a privately run administrator.
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June 07, 2024
Fla. Urges Judge To Reconsider Block Of Immigration Law
Florida has urged a federal judge to reconsider an order blocking a state law that criminalizes the transportation of unauthorized immigrants, saying its argument that opposing parties failed to state the law is federally preempted was never addressed by the court.
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June 07, 2024
Ex-Prosecutors Join Effort To Free Imprisoned Binance Exec
More than 100 former federal prosecutors and law enforcement agents have called on the U.S. State Department to ramp up efforts to free Tigran Gambaryan, a Binance compliance executive and former IRS agent, from Nigerian custody over what they call false charges tied to money laundering and tax evasion.
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June 07, 2024
Split 9th Circ. Revives LA Schools Vaccine Policy Row
A split Ninth Circuit panel on Friday reversed a California federal court's dismissal of a proposed class action challenging a recently rescinded Los Angeles Unified School District policy requiring employees to get the COVID-19 vaccine to keep their jobs, ruling that the district still has the potential to reinstate it.
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June 07, 2024
CFPB Urges 5th Circ. To Holster 'Weapon' In Late Fee Fight
The Consumer Financial Protection Bureau has urged the Fifth Circuit to refrain from using one of its "most potent weapons" to shoot down a Texas federal judge's order sending an industry challenge to the agency's credit card late fee rule to Washington, D.C.
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June 07, 2024
Split 5th Circ. Panel Calls Texas County 'True Library Police'
A Texas public library will have to reshelve several books that deal with issues such as racism and sexuality after a contentious majority ruling by a Fifth Circuit panel called the public officials and residents behind the book bans "the true library police."
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June 07, 2024
Conn. Judge Pushes State For Proof In $11M Kickback Case
The Connecticut state judge presiding over an $11 million false claims and kickbacks case against a compounding pharmacy appeared unconvinced Friday that the defendants submitted false claims for payment, peppering the government's counsel with requests to support assertions with case law and evidence that was put on at trial.
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June 07, 2024
DC Circ. Undoes Library Of Congress Win In Fair Use Fight
The D.C. Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
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June 07, 2024
Trump Can Bring Atty To Presentence Interview
A New York judge ruled Friday that Donald Trump can bring his attorney with him when he sits down with a New York City probation officer for a presentence interview, granting an unusual accommodation to the former president before he is sentenced for his criminal conviction next month.
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June 07, 2024
Don't Delay In-House Handbags Case For Fed. Court, FTC Told
Federal Trade Commission staffers are urging the commission not to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing that a separate New York federal court fight won't automatically determine the deal's fate.
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June 07, 2024
'Why Are You Even Here?' Judge Prods Big Tobacco
A Washington state appellate panel on Friday criticized Philip Morris USA Inc. and other tobacco companies for attempting to pay the state less under a 1998 master settlement agreement, with one judge asking a Big Tobacco attorney why they were in court in the first place.
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June 07, 2024
Trade Commission Votes To Advance Solar Cell Investigations
The four heads of the U.S. International Trade Commission voted unanimously Friday to continue anti-dumping and countervailing duty investigations into solar cell imports from Cambodia, Malaysia, Thailand and Vietnam, finding evidence that the imports harmed domestic solar manufacturers.
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June 07, 2024
Cities, Cable Cos. Seek Reg Changes As FCC Studies Markets
Cities want the Federal Communications Commission to jettison rules that they say unduly restrict cable franchise fees, while the cable business says the FCC needs to back off on regulation, as the agency scrutinizes the competitive landscape across multiple industries.
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
3 IPEF Agreements Done, But Still No Sign Of Trade Pillar
Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar
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June 07, 2024
FCC Asks 6th Circ. To Transfer Net Neutrality Cases To DC
The Federal Communications Commission on Friday urged the Sixth Circuit to transfer a set of challenges to the FCC's recently passed net neutrality rules to the D.C. Circuit, where similar suits have previously played out.
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June 07, 2024
US Auto Regulator Finalizes New Fuel Economy Standards
The U.S. Department of Transportation on Friday finalized highly anticipated new fuel economy standards for passenger cars and light trucks that envision boosting average efficiency to 50.4 miles per gallon by 2031, marking the Biden administration's latest climate-focused endeavor to curb emissions in the transportation sector.
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June 07, 2024
NetChoice Challenges 'Onerous' Ga. E-Commerce Law
NetChoice LLC, an industry group representing some of America's largest e-commerce platforms, filed suit hoping to block a new Georgia law they say "jumps the tracks" from reasonable oversight and monitoring requirements to laying down "impermissible investigation mandates."
Expert Analysis
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Opinion
Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill
After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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What's New In Kentucky's Financial Services Overhaul
Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.