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Public Policy
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January 02, 2025
Mich. Judge Revives U-Visa Seekers' Suit Over Delays
Courts can't compel U.S. Citizenship and Immigration Services to issue work authorizations, but can consider the reasonableness of its processing delays, a Michigan federal judge said Thursday, reversing her dismissal of a proposed class action brought by U-visa petitioners.
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January 02, 2025
IRS, Treasury Float Regs On Excise Taxes For Drugmakers
The IRS and Treasury proposed rules for charging excise taxes to drugmakers that refuse to negotiate drug prices with Medicare under requirements of the 2022 tax and climate law, saying the tax only would apply to manufacturers and importers that initially sell the drugs.
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January 02, 2025
Hoboken Pot Dispensary Was Rightly Approved, Panel Finds
A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.
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January 02, 2025
Feds Want 6 Years For Ex-FBI Informant Who Smeared Bidens
Prosecutors told a California federal judge that a former FBI informant who falsely told agents that a Ukrainian energy company had paid off President Joe Biden and his son Hunter should be sentenced to six years in prison, saying he betrayed the United States by trying to influence the 2020 election even after being granted citizenship.
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January 02, 2025
Trump Transition Underway At Key Environmental Agencies
President-elect Donald Trump's landing team — tasked with aiding the upcoming transition in the White House — is busy gathering information to set the new administration on course to implement its priorities on day one.
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January 02, 2025
How Jimmy Carter Transformed The Federal Bench
Former President Jimmy Carter, who died Sunday, presided over the country's largest judicial expansion, an opportunity he seized to fill seats on the federal bench with more women and people of color than ever before.
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January 02, 2025
6th Circ. Overturns FCC Net Neutrality Rules
The Sixth Circuit upended the Federal Communications Commission's net neutrality rules Thursday, holding that commercial broadband providers cannot be regulated as telecommunications common carriers.
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January 01, 2025
US International Tax Issues to Watch In 2025
As President-elect Donald Trump and Republicans take control of the U.S. government in 2025, policymakers are expected to address changing international provisions in the Internal Revenue Code and reevaluate the country's role in global tax talks. Here, Law360 examines key U.S. international tax policy issues to watch in the new year.
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January 01, 2025
5 Big Questions For White Collar Enforcement In 2025
White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
The Top Sports & Betting Cases To Keep An Eye On In 2025
The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.
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January 01, 2025
Trump Begins 2nd Term With At Least 45 Judge Seats To Fill
Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.
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January 01, 2025
Personal Injury, Medical Malpractice Cases To Watch In 2025
A pending U.S. Supreme Court ruling over the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule on so-called ghost guns and Pennsylvania's top court's possible invalidation of a government injury damages cap are among the cases injury and malpractice attorneys will be following in 2025.
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January 01, 2025
Bankruptcy Issues To Watch In 2025
Bankruptcy professionals are seeing uncertainty in 2025, with a mix of opinions on whether filings will trend up or down, but certainty that there won't be a final word on the claims release questions bankruptcy plans faced in 2024.
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January 01, 2025
Copyright & Trademark Policy And Trends To Watch In 2025
Congress has its sights set on cracking down on deepfakes this year with a pair of proposals aimed at establishing uniform protections for individuals nationally, and intellectual property attorneys are watching Illinois, which has become a go-to place to pursue online counterfeiters. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 01, 2025
Google, Meta In The Antitrust Crosshairs For 2025
The U.S. Department of Justice and the Federal Trade Commission enter 2025 with an unusual distinction on the horizon: Both will spend April in D.C. federal court against technology giants as the DOJ seeks to break up Google and the FTC kick-starts a monopolization trial against Meta Platforms.
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January 01, 2025
Healthcare And Life Science Policies To Watch In 2025
Healthcare and life sciences attorneys will have their eyes on Washington, D.C., in the next few months. They will be keen to understand how a new presidential administration and a new Congress with razor-thin GOP control will approach a bevy of fraught issues.
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January 01, 2025
What Banking Attorneys Are Watching In The Courts In 2025
Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap.
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January 01, 2025
5 Energy Transactional Trends To Watch In 2025
A second Donald Trump presidency and a resulting shift in federal policy away from clean energy and toward fossil fuels will cloud the dealmaking environment for the energy industry, but attorneys believe the deal pace will remain brisk across the sector. Here are five transactional trends that are worth watching closely this year.
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January 01, 2025
Georgia Cases To Watch In 2025
The fate of a prosecution of President-elect Donald Trump, Ford's ongoing fight over claims it hid the rollover dangers of its Super Duty trucks, and a feeding frenzy of class actions after a major metro Atlanta industrial fire are among the cases that will take center stage in Georgia's courts this year.
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January 01, 2025
Product Liability Cases To Watch In 2025
Cases that attorneys will be keeping an eye on in the coming year involve Monsanto and a circuit rift over preemption regarding Roundup cancer claims, as well as mass torts over claims that social media harm minors' mental health.
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January 01, 2025
'Profound Shift' Forecast For Crypto Enforcement In 2025
The crypto industry is heading into 2025 with hopes that new leadership at federal agencies under President-elect Donald Trump will ease off an enforcement agenda that has pressed issues of where regulatory authority lies and return to a focus on fraud, while federal appeals courts have a chance to establish keystone rulings for the sector.
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January 01, 2025
Crypto Heads Into 2025 Hoping Regulatory Clouds Will Clear
The digital asset industry may be on the verge of a political and regulatory landscape it has long sought as a crypto-friendly executive branch and Congress take their seats in the new year and potentially work to create favorable guardrails for crypto markets and stablecoins.
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January 01, 2025
On Tap In NY: Diddy, Trump And A New Manhattan Top Cop
The coming year's main event in New York courts is an expected sex-trafficking trial for hip-hop icon Sean "Diddy" Combs, while the political reascendancy of Donald Trump will echo in halls of the judiciary as the president-elect litigates to quash his own conviction.
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January 01, 2025
The Top Telecom Developments To Watch In 2025
As Donald Trump prepares for his second stint in the White House and a new Republican chair prepares to take over the Federal Communications Commission, telecom policy could change dramatically and quickly. Rules passed during the Biden administration face stiff court challenges and even the venerable Universal Service Fund's future remains in doubt.
Expert Analysis
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The Future Of GLP-1 Policy After Drug Shortage Ends
If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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2024 Regulatory Developments For Bank-Fintech Partnerships
Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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The Implications Of 2024's AI Rules And Regs For Patent Attys
Christina Huang, John Smith and Devin Stein at Faegre Drinker review this year's new rules and regulations on the development and use of artificial intelligence — from the Biden administration, the U.S. Patent and Trademark Office, the American Bar Association and various states — as they apply to patent attorneys.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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The State Of USPTO Rulemaking At The End Of Vidal's Term
As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.
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How New Merger Filing Rules Will Affect Economic Advocacy
New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.