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Public Policy
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August 16, 2024
DHS Unit Unveils Guide Ahead Of New Parole Program Start
The Biden administration released a guide Friday about a program set to roll out Monday that will allow certain foreigners married to U.S. citizens and their children to apply for green cards and get work authorization without leaving the U.S.
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August 16, 2024
Voters' Bid To Revive Ga. Election Suit Slammed As Hail Mary
Georgia Secretary of State Brad Raffensperger is asking a federal judge to "make clear" a case alleging a biased system to elect Georgia Public Service Commission members "is over," as Black voters behind the suit fight to keep it alive.
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August 16, 2024
Harris Proposes Tax Break For Homebuilders
Vice President Kamala Harris, the presumptive Democratic nominee for president, proposed several housing-related tax proposals, including creating a tax incentive for homebuilders that sell to first-time homebuyers, during a campaign speech Friday.
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August 16, 2024
9th Circ. Keeps Part Of Block On Calif. Kids' Privacy Law
The Ninth Circuit on Friday refused to completely scrap an injunction halting a groundbreaking new California law requiring social media platforms to bolster privacy protections for children, finding that a tech trade group was "likely to succeed" on its argument that the mandate for companies to identify and address potential risks to minors violates the First Amendment.
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August 16, 2024
States Get Teva Generic Price-Fix Case On Docket As 1st Trial
A Connecticut federal judge has granted a request from a coalition of state attorneys general suing a slew of generic-drug makers to try a case focused on Teva before proceeding with a different case that was first filed.
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August 16, 2024
FCC Plans To Overhaul Citizens Broadband Radio Service
The Federal Communications Commission plans to give the Citizens Broadband Radio Service a makeover that it says will ensure better interference protections for both current and future users of the spectrum.
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August 16, 2024
State Dept. Issues Interim Australia, UK Export Waiver Rule
The U.S. Department of State issued an interim rule Friday easing export restrictions for Australia and the United Kingdom to facilitate the trilateral AUKUS agreement, after determining the allied countries' export controls were comparable to those of the U.S.
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August 16, 2024
UN Votes For Global Services As First Priority Under Tax Pact
The United Nations voted Friday to make taxation of cross-border services the most prioritized topic for a legally binding agreement to be finalized by late 2027 alongside the organization's framework convention on international tax cooperation.
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August 16, 2024
24-Hour Abortion Delay Violates Ohio Constitution, Court Told
In the wake of an Ohio constitutional amendment enshrining the right to abortion, a state court heard arguments Friday as it considers whether to block laws requiring pregnant individuals to wait at least 24 hours before they can access abortions in the state.
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August 16, 2024
TCJA's Estate Tax Treatment Shouldn't Change, Panel Told
If the Tax Cuts and Jobs Act's estate tax exemption increase is allowed to lapse in 2025, many family farms in the Midwest would face tough choices, including whether to sell to large corporations, panelists told the House of Representatives' Ways and Means Committee on Friday.
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August 16, 2024
Off The Bench: WNBA Suit, Olympic Fallout, Swimming Ban
In this week's Off The Bench, a WNBA star accuses her former team of discrimination for trading her once she became pregnant, questions swirl around the revocation of a U.S. gymnast's Olympic medal, and a BigLaw investigation prompts the University of Notre Dame to suspend its men's swimming program.
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August 16, 2024
Atty Gets 32 Months In Prison For Bribing Chicago Alderman
An Illinois federal judge on Friday sentenced an immigration attorney and real estate developer convicted of bribing former Chicago Alderman Ed Burke to two years and eight months in prison, maintaining prison time is warranted because the lawyer initiated the bribe and tried to hide it from federal agents and the grand jury.
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August 16, 2024
5th Circ. Nixes Injunction Denial In Texas Electioneering Suit
The Fifth Circuit blocked a Texas county's new electioneering rules Thursday, reversing a district court's ruling rejecting a preliminary injunction motion from local conservative groups and holding that the regulations on signage near county-owned voting locations and other provisions likely violate the First Amendment.
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August 16, 2024
DC Circ. Rolls Back Pipeline Safety Rules
The D.C. Circuit on Friday threw out a handful of new safety standards for gas transmission pipelines set by the U.S. Department of Transportation, ruling that federal regulators failed to explain why their benefits outweighed their costs.
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August 16, 2024
Public Interest Orgs. Press For FCC's AI Ad Disclosure Rule
As the fall elections loom, more than 40 public interest groups are advocating for the Federal Communications Commission to require radio and TV broadcasters to disclose the use of artificial intelligence in political ads.
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August 16, 2024
5th Circ. Tosses Appeal In FTC's Anesthesia Antitrust Case
The Fifth Circuit has agreed with the Federal Trade Commission and tossed an early appeal from U.S. Anesthesia Partners in the agency's case accusing the group of monopolizing the Texas anesthesiology market through a "roll-up" strategy.
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August 16, 2024
1st Circ. Smooths Path For Title VII Retaliation Claims
The First Circuit affirmed a lower court's grant of summary judgment for Bentley University in an employment discrimination lawsuit brought by a former program coordinator, but also took the opportunity to lower the bar for retaliation claims.
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August 16, 2024
Ch. 7 Trustee Can't Recover Tax Payment, States Tell Justices
A group of roughly two dozen states threw their support behind the federal government in asking the U.S. Supreme Court to overturn a ruling that forced the IRS to return a tax payment after a bankruptcy trustee argued it was a fraudulent transfer and recoverable under state law.
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August 16, 2024
NC AG Readies Appeal In Fight Over Smithfield Foods Funds
North Carolina Attorney General Josh Stein is taking a fight over millions of dollars in environmental grants to the state appeals court, after a trial judge found the funds should be exclusively set aside for use in public schools.
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August 16, 2024
ICE Arresting More Detained Noncitizens, Report Shows
U.S. Immigration and Customs Enforcement has been making more arrests while Customs and Border Protection has been making fewer in fiscal year 2024, corresponding to the Biden administration's efforts to limit asylum access at the U.S.-Mexico border, a new report shows.
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August 16, 2024
Ga. AG Taps Prosecutor To Head Organized Retail Crime Unit
Georgia Attorney General Chris Carr said Friday that he's hired Timothy Ruffini to lead a new organized retail crime unit focused on prosecuting criminal networks behind thefts and violence against Peach State businesses.
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August 16, 2024
Colo. Judge Orders Attys To Leave Assumptions At The Door
A Colorado trial judge is one of the first in the country to require parties to use gender-neutral terms until a person has identified their pronouns. Drawing on his experiences putting on a straight "costume" as a young, gay attorney, he says the aim is to make the courtroom a welcoming space for all involved.
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August 16, 2024
Psilocybin Right-To-Try Petition To Get 9th Circ. Hearing
A Ninth Circuit panel will hear oral arguments Monday in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
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August 16, 2024
Meet 3 Michigan Supreme Court Hopefuls
An appellate judge known for writing forceful opinions about "government overreach" is facing off against a legislator who has practiced in front of the state's highest court, hoping to secure the Republican nomination this month for an open seat on the Michigan Supreme Court. The eventual nominee will run against the director of the University of Michigan's Juvenile Justice Clinic, the lone Democratic candidate.
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August 16, 2024
Harris Economic Plan Targets Food Mergers, Price-Gouging
Vice President Kamala Harris unveiled an economic plan Friday that said her administration would "crack down" on large corporate food mergers and introduce the first-ever ban on price-gouging, a promise that comes just days after the announcement of one of the largest ever food industry tie-ups.
Expert Analysis
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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New La. Managing Agent Law May Portend Growing Scrutiny
Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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CFPB's New Registration Rule Will Intensify Nonbank Scrutiny
The Consumer Financial Protection Bureau's recently finalized nonbank registration rule aimed at cracking down on repeat offenders poses significant compliance challenges and enforcement risks for nonbank financial firms, and may be particularly onerous for smaller firms, say Ketan Bhirud and Emily Yu at Cozen O'Connor.