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Public Policy
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November 18, 2024
Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
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November 18, 2024
Dems Probe Treasury On Effects Of Crypto Mixer Sanctions
A group of House Democrats pressed the U.S. Department of the Treasury on Monday to provide information on how effective its sanctions regime against cryptocurrency mixing services has been at detecting and curbing illicit finance.
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November 18, 2024
FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech
Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.
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November 18, 2024
Judge Surprised Circle K Fired Clerk Who Touched Robber
A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.
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November 18, 2024
Texas Appeals Court Finds Telecom Laws Violate Gift Rules
A state appellate court handed dozens of Texas cities a clean-sweep victory in their fight against statewide bargains for telecommunications providers, finding Friday a state law dealing with the fees municipalities can charge telecom companies runs counter to the Texas Constitution.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
Mich. Justices Spurn Restaurant Group's COVID Appeal
The Michigan Supreme Court has turned down an appeal from a bar and restaurant association seeking to recoup its members' lost profits from the state's enforcement of COVID-19 public health measures, after tossing individual restaurants' claims earlier this year.
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November 18, 2024
Justices Urged To Review Landlords' COVID Eviction Ban Suit
A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.
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November 18, 2024
Asylum-Seekers Say Updated DHS Border Directive Is Still Illegal
Immigrant rights groups and asylum-seekers challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the superseding rule the administration issued in September is just as illegal as its June predecessor.
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November 18, 2024
EPA Has No Choice But To Rethink Smog Rule, DC Circ. Told
U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to reconsider its so-called "good neighbor" smog emissions rule after it was partially invalidated by a court, arguing the agency's own brief confirms that its refusal to do so was improper.
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November 18, 2024
Colo. Justices Should Plug Damages Cap 'Loophole,' Co. Says
A construction company has urged Colorado's justices to find that a subcontractor's claim over a workplace fall is subject to a $15,000 damages cap, arguing in a petition that the sole proprietor opted out of workers' compensation benefits and can't make a "loophole" to sue for millions.
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November 18, 2024
Medical Group Wants Justices To Review IP Safe Harbor Fight
A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.
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November 18, 2024
Feds Delay Rule That Hemp Be Tested At DEA-Licensed Labs
Laboratories certified by the federal government to measure THC concentration in hemp aren't able to meet the demand, the U.S. Department of Agriculture has said, so the agency is allowing growers to once again get their products tested by unregistered labs.
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November 18, 2024
Alstom Wants Injunction In Dispute Over 'Buy America' Waiver
Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.
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November 18, 2024
Dispute Over Biden Admin Voting Access Order Paused
A Texas federal district court judge has paused a dispute over an executive order from the Biden administration that promotes easier access to voting after a conservative think tank said President-elect Donald J. Trump is likely to overturn the directive.
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November 18, 2024
Colo. Rugby Coach Cries Foul Over City's Revoked Job Offer
A man who says he was "poached" for an assistant coaching position with the American Raptors professional rugby team near Denver has filed a breach of contract lawsuit alleging he was fired before he even began, without cause, and cheated out of his early termination payment.
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November 18, 2024
Friedman Kaplan Name Partner Larry Robbins Dies At 72
Larry Robbins, a name partner at Friedman Kaplan Seiler Adelman & Robbins LLP known for counseling high-profile congressional witnesses like Marie Yovanovitch and Christine Blasey Ford through their Senate and House committee appearances, died earlier this month at age 72, the firm announced.
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November 18, 2024
5th Circ. Says Texas County Wrong To Close Court Hearings
A Fifth Circuit panel has upheld a trial court's ruling that a Texas county improperly blocked the press and public from attending criminal pretrial proceedings known as magistrate hearings, finding that the practice violates the First Amendment and harms the two news outlets and an advocacy group that brought the lawsuit.
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November 18, 2024
Neb. Officials Urge Court To Void Medical Pot Legalization
Nebraska officials are urging a state judge to void ballot measures to legalize and regulate medical marijuana after a decisive majority of voters approved them, saying that reformers' signature-verification methods were critically hampered by malfeasance and fraud.
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November 18, 2024
Snyder Aide Expands Suit Over Flint Water Crisis Prosecution
An adviser to former Michigan Gov. Rick Snyder has been permitted to add new allegations to his lawsuit against the state's attorney general and special prosecutors over their handling of charges brought against him surrounding the Flint water crisis, while the judge delayed ruling on prosecutors' immunity.
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November 18, 2024
DC Judges, Council Urge Confirmation Of City's Bench Picks
District of Columbia council members and chief judges are calling on the Senate to confirm the D.C. judicial nominees pending on the floor by the end of the year as the court system has repeatedly called attention to a vacancy crisis.
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November 18, 2024
11th Circ. Shelves Peanut Truck Co.'s Excise Tax Refund
The Eleventh Circuit has overturned a decision awarding an excise tax refund to a manufacturer for selling wagons that dry and carry peanuts, saying the refund is reserved for vehicles that are specially designed for off-highway transportation — a test the peanut wagons failed.
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November 18, 2024
Justices Reject SC Agency's Appeal Of Google Subpoena
The U.S. Supreme Court refused Monday to take up a South Carolina state agency's appeal of a Fourth Circuit decision requiring its compliance with a Google subpoena in a case accusing the tech giant of monopolizing key digital ad technology.
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November 17, 2024
Trump Names FCC's Carr As New Agency Chair
President-elect Donald Trump has picked Brendan Carr, the senior Republican on the Federal Communications Commission, as the agency's next chair, selecting a former general counsel of the agency and frequent critic of the current administration to lead the telecom regulator.
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November 15, 2024
Eli Lilly Says HHS Ignores Drug Discount Double-Dipping
Eli Lilly & Co. claims the U.S. Department of Health and Human Services is unlawfully blocking its efforts to crack down on hospitals the company alleges are double-dipping on medication discounts that are meant to benefit low-income patients, according to a lawsuit filed in D.C. federal court.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.