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Public Policy
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June 06, 2023
Merck Brings Jones Day Brawler & Punchy Tone To HHS Fight
Pharmaceutical giant Merck picked the first legal fight over landmark legislation letting Medicare negotiate drug prices, and the company showed up with bare-knuckle rhetoric and a Jones Day partner who told Law360 on Tuesday that the litigation "fits perfectly" into his mission of battling Uncle Sam's excesses.
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June 06, 2023
Coinbase's Court Fight With SEC May Be Crypto's Main Event
The U.S. Securities and Exchange Commission's lawsuit against Coinbase is poised to be the crypto industry's landmark case over whether digital asset exchange activity runs afoul of securities laws, and it could become the industry's full-court press to reach the high court.
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June 06, 2023
Regulators Take Aim At Bank Partner Risk In New Guidance
Federal banking regulators on Tuesday unveiled a newly unified set of risk management guidance for the increasingly complex and varied business arrangements banks have with technology partners, professional services providers and other outside firms.
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June 06, 2023
NEPA Amendments In Debt Limit Act Bring Modest Changes
Legislation that raised the U.S. debt limit also tweaked one of the nation's cornerstone environmental laws in an effort to speed up reviews and approvals for projects such as oil and gas pipelines and other infrastructure, and while experts said there may be some modest efficiency improvements, things aren't likely to change dramatically.
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June 06, 2023
PTAB's Proposed Changes Draw Fire From Ex-Officials, Attys
A package of proposed rule changes for the Patent Trial and Appeal Board includes many suggestions that appear to overstep the patent office's authority and could have a wide array of unintended effects, former officials and attorneys said at an event Tuesday.
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June 06, 2023
Justices Might Mind The Gap, Decide Fate Of Derivative Suits
The U.S. Supreme Court will almost certainly be asked to weigh in on a lawsuit accusing retailer The Gap Inc. of deceiving investors about its commitment to diversity, and how the justices react could determine whether public companies can use forum selection clauses to opt out of federal derivative lawsuits, experts told Law360.
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June 06, 2023
Conn. Athletes Ask 2nd Circ. To Restore Trans Inclusion Suit
The full Second Circuit appellate court has taken a challenge to Connecticut's trans-inclusive high school athletics policy under advisement after hearing oral arguments Tuesday about whether cisgender girls have the right to recover damages under Title IX and force the alteration of athletic records to remove the achievements of two trans girls.
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June 06, 2023
5th Circ. Eyes Limited Stay In ACA Preventive Coverage Fight
The Fifth Circuit on Tuesday indicated openness to a partial stay of a Texas federal court's wide-ranging injunction blocking an Affordable Care Act provision requiring insurers to cover a broad range of preventive treatments, at least while the court debates the merits of the U.S. government's appeal.
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June 06, 2023
NC Law Backs Child Sex Abuse Suits, Appeals Court Told
Attorneys for child sex abuse accusers urged a North Carolina appeals court on Tuesday to revive suits seeking to hold a church, a Catholic group and a school district liable for alleged assaults by a church worker and a wrestling coach, arguing that lower courts wrongly refused to apply a state law extending the time limit to file such suits.
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June 06, 2023
Biz Owner Paid Bribes In Bid For Lawmakers' Help, Jury Hears
A sweepstakes machine business owner bribed two Illinois lawmakers with checks to secure their influence in passing industry-related legislation and then lied about it to the FBI, a federal jury heard Tuesday.
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June 06, 2023
Lawmakers Not Fans Of Pulling AM Radios From Electric Cars
Lawmakers on both sides of the aisle seemed adamant Tuesday that pulling AM radios from electric cars was a bad idea from a public safety standpoint, though one legislator at the subcommittee hearing wondered whether the medium was destined to go the way of "8-track tapes, cigarette lighters and manual windows."
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June 06, 2023
Trump Challenges Carroll's $10M Defamation Amendment
E. Jean Carroll shouldn't be allowed to amend her defamation suit over Donald Trump's denials of her decades-old dressing room rape accusation, the former president told a Manhattan federal judge Monday, arguing that she's trying to improperly retrofit her complaint to leverage a jury's recent verdict finding him liable for sexually abusing her.
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June 06, 2023
Ga. Judge Sends Energy Dept. Bias Suit To South Carolina
A Georgia federal judge on Tuesday transferred a former employee's race bias and discrimination case against the U.S. Department of Energy and its secretary, Jennifer Granholm, to South Carolina district court, saying that is the proper venue for the dispute.
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June 06, 2023
SEC Moves For Emergency Freeze Of Binance Assets
The U.S. Securities and Exchange Commission moved Tuesday evening to freeze the U.S. assets of Binance post-haste in what it says is an effort to protect customer assets while it pursues a lawsuit claiming that the world's largest crypto platform mishandled customer funds and deceived regulators.
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June 06, 2023
Dems Blast DHS Watchdog's 'Flawed' Burnout Report
Democratic lawmakers skewered a recent report by the U.S. Department of Homeland Security's inspector general on Tuesday, challenging its methods and conclusions about immigration agents' work conditions and questioning the integrity of the man who conducted it.
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June 06, 2023
NYC Says Garden Construction Review Passes Muster
Counsel for New York City and a nonprofit group dedicated to preserving a Manhattan garden that's slated to become affordable housing for seniors battled over the adequacy of an environmental review of the project Tuesday, as a New York appellate panel looked on.
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June 06, 2023
Dallas Strip Club Rule Reduces Crime, City Tells 5th Circ.
An ordinance forcing sexually oriented businesses to close down during early morning hours helps Dallas reduce crime near those shops and clubs, the city told a Fifth Circuit panel on Tuesday.
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June 06, 2023
Conn. US Atty On The Value Of Corporate Self-Disclosure
As a former litigation attorney in private practice, U.S. Attorney Vanessa Roberts Avery understands the value of a new U.S. Department of Justice carrot-and-stick approach that rewards corporations for confessing their legal sins with a measure of leniency, she told Law360 in a recent wide-ranging interview.
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June 06, 2023
United Airlines, Others Protest Info Share In JetBlue-Spirit Suit
United Airlines, Delta Air Lines and Southwest Airlines told a Massachusetts federal judge that they object to their confidential information gathered in the U.S. Department of Justice's suit over the JetBlue-Spirit Airlines merger from being shared with outside parties in a private antitrust suit over the merger.
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June 06, 2023
GOP Senators Back Tech Union Opposing STEM Visa Program
Republican senators backed a domestic tech worker union's efforts to unwind an Obama-era program allowing foreign STEM graduates to work temporarily in the U.S., urging the U.S. Supreme Court to review the program's legality.
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June 06, 2023
NY Panel Wary Of Trump's Bid To Toss AG's $250M Fraud Suit
A New York state appellate panel expressed skepticism Tuesday about Donald Trump's core argument that Attorney General Letitia James lacks the authority to sue him for defrauding banks and insurers that have not complained, even as it indicated that it might let his daughter Ivanka slip away.
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June 06, 2023
CFTC Approves First Margin Trades On Crypto Futures
Cboe Exchange Inc. announced Tuesday that, by the end of the year, it will be the first ever derivatives clearing house to allow for the trading of bitcoin and ether futures on margin after the U.S. Commodity Futures Trading Commission green lit the project on the promise of enhanced cybersecurity protections.
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June 06, 2023
TRIPS Vaccine Waiver Was A Bad Call, GOP Reps. Say
Republicans on the U.S. House of Representatives' intellectual property subcommittee on Tuesday took issue with the Biden administration's endorsement of a deal two years ago at the World Trade Organization that created an emergency COVID-19-related carve-out for patent rights, raising complaints that China would eventually take advantage of it.
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June 06, 2023
Illumina Tells 5th Circ. Grail Case 'Flagrant' Overreach
Illumina told the Fifth Circuit that the Federal Trade Commission's case challenging its $8 billion repurchase of cancer testing company Grail is "flagrant" overreach that is costing lives and highlights constitutional problems with the agency.
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June 06, 2023
Power Cos. Tell 6th Circ. FERC Can't Justify Market Price Redo
Two independent power producer groups told the Sixth Circuit that the Federal Energy Regulatory Commission has failed to justify its about-face on raising the price ceiling for an electricity market run by the country's largest grid operator.
Expert Analysis
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Cost To Gov't Means Justices Must Review NC Sales Tax Case
The U.S. Supreme Court should review and overrule the North Carolina high court’s decision in Quad Graphics v. North Carolina Department of Revenue — an anticipatory overruling of precedent that expands the state sales tax base and imposes a stealth tax on the federal government, says Richard Pomp at the University of Connecticut Law School.
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How GHG Protocol Revisions Will Affect Climate Disclosures
The Greenhouse Gas Protocol's pending revisions to several of its standards, which are widely used by organizations to measure and report GHG emissions, will have major implications for a global economy increasingly focused on the importance of climate change efforts, say attorneys at Orrick.
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How The Fla. AG Is Impeding Recreational Marijuana
Florida Attorney General Ashley Moody has again vowed to stand in the way of a measure on a ballot proposal to legalize the adult use of recreational marijuana, which followed guidance from a previous Florida Supreme Court decision — and if the court sides with her, proponents will be left at an impasse, say Daniel Russell and Daniel McGinn at Dean Mead.
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Fla. Foreign Real Estate Law Brings Broad Investment Risks
Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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What Cos. Should Know About Minn. Noncompete Statute
Companies with operations or employees in Minnesota should reassess their restrictive covenant agreements and practices, including in the context of pending sales and acquisitions, in order to comply with a new statute that bans most noncompetes starting July 1, says Kevin Passerini at Blank Rome.
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Opinion
AUSA Jobs Don't Pay Enough To Keep Staff, Attract Diversity
Assistant U.S. attorneys earn significantly less than their U.S. Department of Justice counterparts, resulting in urgent recruitment and retention issues that hurt the federal administration of justice, and must be addressed by fairly compensating AUSAs, says Steven Wasserman, president of the National Association of U.S. Attorneys.
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A Look At Health Care Providers' Workplace Safety Duties
Recent state legislation and Occupational Safety and Health Administration enforcement actions highlight the uniquely high amount of violence that health care workers face, and the difficulty of adequately protecting employees and patients, say Victor Moldovan and Dan Silverboard at Holland & Knight.
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Compliance Considerations For Potential Texas Privacy Law
The possible approval of the Texas Data Privacy and Security Act, a comprehensive regime for how consumers and companies interact with personal data, means businesses should prepare for the substantial operational changes it will require, say Laura Ferguson and Caitríona Pagni at Locke Lord.
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SEC's Redefinition Of 'Exchange' Would Mean More Confusion
The U.S. Securities and Exchange Commission's proposed amendments to Rule 3b-16 would classify more platforms as exchanges or broker-dealers — including many cryptocurrency and decentralized finance systems — but the amendments' vagueness would create unnecessary regulatory risk and increased operational confusion, say attorneys at Morrison Foerster.
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How REITs Can Prep For SEC's Repurchase Disclosure Rules
With real estate investment trusts' share repurchase activity on the rise, REITs should beware the potential enforcement risks that may arise from the U.S. Securities and Exchange Commission's new rules requiring additional disclosures regarding such repurchases, says Zach Swartz at Vinson & Elkins.
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Opinion
Federal Law Should Recognize And Protect Stateless People
The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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State Laws Could Complicate Employer Pandemic Protocols
If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.
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SBA Program Changes Could Make Loans More Accessible
With recent rule changes to 7(a) and 504 loan programs, the U.S. Small Business Administration has the ambitious goal to increase the availability of loans, especially to underserved markets and minority communities, and attorneys who handle SBA loans may see more loans of this kind, says Allison Lane at DarrowEverett.