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Public Policy
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December 20, 2024
Legislators Key To Court Fee Relief, Chief Justices Say
Two state high court chief justices and a top judicial administrator have told the National Center for State Courts that while they've been able to make significant progress in abolishing unfair court fines and fees, lawmakers have been vital in enacting these changes.
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December 20, 2024
Amazon Touted Efforts To Curb Price-Gouging, Shoppers Say
A group of online shoppers said Thursday that Amazon can't dodge litigation alleging price-gouging during the pandemic, arguing that the retail giant's efforts to toss the case are contradicted by earlier public statements "trumpeting" the company's work with Washington's attorney general to enforce the state's consumer protection law against price-gougers.
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December 20, 2024
Senate Passes 3-Month Funding Bill, Avoiding Shutdown
The U.S. Senate on Saturday passed a three-month temporary government funding deal after the removal of a contentious proposal to suspend the federal debt ceiling, staving off a government shutdown.
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December 20, 2024
Court Opens Window For Patient To Pierce COVID Immunity
A Michigan appellate court said Wednesday medical malpractice claims from a patient seeking help for pandemic-related stress were barred because her hospital admittance and alleged injuries had a connection to the COVID-19 pandemic, but the court directed a lower court to consider letting the patient plead a gross negligence exception to the state's pandemic response immunity.
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December 20, 2024
No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge
A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.
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December 20, 2024
Feds Rip Atty For NYC Mayor Over Press Statements
Prosecutors told a Manhattan federal judge Friday that New York City Mayor Eric Adams' lawyer has violated local court rules by making comments to the press that deride their bribery and corruption case against the mayor as a "contrived" effort to tarnish his reputation.
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December 20, 2024
The Top Cases Of 2024 In Texas: Year In Review
Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.
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December 20, 2024
Biden Exceeds Trump's Record On Judges By One
The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.
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December 20, 2024
USCIS Pressed To Unveil How It Uses AI In Asylum Cases
Refugees International fired off a lawsuit in D.C. federal court on Friday to pry loose records from U.S. Citizenship and Immigration Services about its use of artificial intelligence to process asylum applications, saying the agency has stonewalled its request for nearly two years.
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December 20, 2024
The Biggest Climate Change Rulings Of 2024: Year In Review
Federal courts delivered several rulings this year that are expected to significantly impact future climate change litigation and policy development, including Supreme Court decisions reshaping administrative law and D.C. Circuit findings on project development and automotive emissions controls. Here are the four biggest climate change decisions of 2024.
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December 20, 2024
DC Circ. Says Toxic Subtances Rule Threatens Trade Secrets
A D.C. Circuit panel on Friday threw out a facet of new Toxic Substances Control Act regulations that the judges said could lead to the unwanted disclosure of chemical manufacturers' trade secrets.
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December 20, 2024
NC Lawmaker Chosen To Lead House Communications Panel
Rep. Richard Hudson, R-N.C., has been selected as the next chair of the House Energy and Commerce panel with telecom jurisdiction.
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December 20, 2024
The Biggest Immigration Policies Of 2024: Year In Review
The Biden administration implemented some of the harshest and most heavily criticized asylum restrictions yet in 2024 but also implemented measures to revamp temporary foreign worker programs and expand avenues for immigrants to change their status. Here, Law360 looks back at four of the biggest immigration policy developments of the year.
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December 20, 2024
The Telecom Developments That Defined 2024
The end of 2024 portends a sea change in telecom policy, as voters usher in a second Donald Trump term and with it a newly named GOP chief of the Federal Communications Commission who has pushed for a 180-degree turn at the agency.
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December 20, 2024
Trump Tells EU To Buy US Oil In Bulk Or Face Higher Tariffs
President-elect Donald Trump used social media early Friday morning to threaten the European Union with "tariffs all the way" if it refuses to buy large amounts of U.S. oil and gas.
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December 20, 2024
FTA Proposes Buy America Waiver For Electric Minibuses
The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.
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December 20, 2024
EPA Releases Recommendations For PFAS In Bodies Of Water
The U.S. Environmental Protection Agency on Thursday released draft recommendations for the amounts of per- and polyfluoroalkyl substances, or PFAS, for bodies of water that, when finalized, can be used by states and tribes.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
'Dreamers' Urge 8th Circ. To Uphold Health Coverage Rule
Recipients of Deferred Action for Childhood Arrivals have urged the Eighth Circuit to pause a district court order halting a Biden administration regulation qualifying them for Affordable Care Act coverage, saying the lower court relied on "strained speculation" to find standing.
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December 20, 2024
Utah Judge Pauses Challenge To Corporate Transparency Act
A Utah federal judge has stayed a case seeking to block the Corporate Transparency Act to see how the new administration of President-elect Donald Trump handles the law after a kindred case in Texas won a preliminary injunction on it.
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December 20, 2024
Ky. Man Drops Suit Against Virtual Casino Creators
A Kentucky resident has dismissed a lawsuit he brought against the producers of online gaming apps he described as "social casinos" that constitute illegal wagering and cause the same problems as real-life gambling.
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December 20, 2024
Top Privacy & Cybersecurity Developments Of 2024
The state data privacy law patchwork continued to add new and varied pieces in 2024, while major hacks shook up the healthcare industry and other critical sectors, and the first U.S. laws setting guardrails for the use of artificial intelligence technologies emerged.
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December 20, 2024
Biggest Illinois Decisions Of 2024
A U.S. Supreme Court decision narrowing the federal bribery statute caused waves in several high-profile Chicago public corruption cases at every litigation stage, almost instantly making a former Indiana mayor's high court win one of the biggest Illinois cases of the year.
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December 20, 2024
Biggest Colorado Decisions Of 2024
The Colorado Supreme Court shocked legal experts in 2024 when it walked back a landmark tenants rights ruling based on a technicality. In another case, three justices called for the elimination of peremptory challenges in order to address racial bias in jury selection. Here's a look at some of the biggest Colorado decisions of the year.
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December 20, 2024
Lambda Legal Adds Attorney In NY Focused On Trans Rights
LGBTQ+ advocacy group Lambda Legal has hired a new senior attorney focused on the organization's work defending the transgender community.
Expert Analysis
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A View Into NY's New Business Interruption Insurance Law
In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Unpacking Arguments From High Court's Rural Hospital Case
During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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3 Changes Community Banks Should Expect Under Trump
A second Trump administration promises a sea change for regional and community banks, including shifts in the regulatory environment, Community Reinvestment Act rules and the M&A landscape, say attorneys at Manatt.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.