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Public Policy
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January 01, 2025
Energy Cases To Watch In 2025
Federal courts will be addressing disputes that could reshape the authority of several U.S. energy regulators and subsequently impact the future of power development in the nation. Here are the biggest lawsuits on Law360’s radar that energy attorneys must watch in 2025.
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January 01, 2025
DC Circuit Cases To Watch in 2025
The D.C. Circuit's 2025 docket is stacked with challenges to alleged misbehavior by federal regulatory agencies, with the behavior including the U.S. Commodity Futures Trading Commission's bid to ban wagering on elections and the Federal Trade Commission's efforts to crack down on Meta's privacy practices.
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January 01, 2025
NC Legislation To Watch In 2025: Power Plays, Helene Relief
A sprawling North Carolina bill that combined Hurricane Helene relief efforts and controversial power shake-ups seemed destined to become law when state lawmakers overrode Gov. Roy Cooper's veto, but a subsequent lawsuit by Cooper and Attorney General Josh Stein has placed the proposal in limbo.
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January 01, 2025
Pa. Legislation To Watch: Noncompetes, Funding Solutions
A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.
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January 01, 2025
New Jersey Legislation To Watch In 2025
New Jersey lawmakers passed legislation in 2024 aiming to ensure some of its most vulnerable residents have access to affordable housing, promised to put an end to book bans and provided job seekers more pay transparency for the roles they seek, reflecting the social issues that dominated headlines. Here, Law360 highlights New Jersey legislation to watch in the new year.
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January 01, 2025
NJ Cases To Watch In 2025: Power Broker, Pollution Cleanup
This year, litigators in New Jersey and beyond will be watching the state's prosecution of power broker George Norcross and his close associates for the alleged wide-ranging RICO conspiracy to obtain Camden waterfront properties and the millions of tax credits that come with the lots.
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January 01, 2025
Key Environmental Policies To Watch In 2025
Donald Trump's victory in the 2024 presidential election means that several key environmental policies developed by the Biden administration will be subject to scrutiny and probably revision, if not outright revocation. Here are four key policy areas to watch this year.
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January 01, 2025
Privacy & Cybersecurity Policy To Watch In 2025
States are expected to again take the legislative and regulatory lead in the data privacy and cybersecurity arenas in 2025, filling in the gaps that are likely to be left by new Republican leaders at the federal level who are poised to flip the script on a range of hot-button issues, including artificial intelligence.
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January 01, 2025
Consumer Protection Issues To Watch In 2025
The Federal Trade Commission's work to clamp down on surprise fees and make subscriptions easier to cancel faces an uncertain path forward in the wake of a looming leadership change, while the federal government's effort to shrink a sprawling tech liability shield is likely to heat up.
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January 01, 2025
Florida Legislation To Watch In 2025
Now that the election cycle has concluded, Florida lawmakers will begin preparing for the next session in Tallahassee, which begins its 60-day run on March 4. Between interim meetings, bill filing deadlines and representing the interests of constituents at home, legislators have a lot of work on the table.
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January 01, 2025
6 Pivotal Texas Bills To Watch In 2025
Texas lawmakers have filed a litany of bills to debate in the New Year that would expand access to the state bar, emulate the end of the Chevron doctrine for state agencies and add new layers to the judicial complaint process. Here are six key proposals in the state legislature that attorneys should watch closely.
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January 01, 2025
Gov't Contracts Cases To Watch In 2025
Federal courts in 2025 are expected to rehear a finding underpinning a high-profile commercial item contracting dispute, to determine the allowability of contentious labor-related clauses in federal contracts, and to decide whether to back the government's aggressive enforcement of cybersecurity regulations.
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January 01, 2025
Gov't Contracts Policies To Watch In 2025
There are several planned and potential changes to federal procurement policy that government contractors need to be on watch for in 2025, from pending recommendations of a proposed Elon Musk-led advisory body on government efficiency, to key definitions underpinning cybersecurity and domestic sourcing rules.
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January 01, 2025
M&A Attys Bullish About 2025 Despite Global Tensions
Industry attorneys are optimistic about mergers and acquisitions moving into 2025 following a year with plenty of megadeals, modest upticks in deal values and volumes, interest rate cuts, and a Donald Trump reelection that is expected to bring pro-business policies and a reduction in regulatory red tape.
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January 01, 2025
Top 4 Climate Change Cases to Watch in 2025
The New Year could see federal appellate courts deciding cases with ramifications for the government’s approach to climate change regulations, including U.S. Supreme Court cases on the scope of environmental reviews and municipalities’ rights in suing fossil fuel companies. Here are the biggest climate change cases that environmental and energy lawyers must watch in 2025.
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January 01, 2025
Top Climate Change Policies To Watch in 2025
The incoming Trump administration is expected to hit the ground running in the New Year to roll back Biden-era rules taking aim at climate change and industries that rely on fossil fuels. Here are key climate change policies to watch in 2025.
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January 01, 2025
Transportation Regulation & Legislation To Watch In 2025
The Trump administration's expected rollback of rules intended to slash vehicle emissions and accelerate electric vehicle adoption, alongside a spate of new tariffs impacting the supply chain, are just some of the transportation industry's top regulatory priorities to watch in 2025.
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December 28, 2024
Trump Seeks High Court's Pause Of TikTok Sale-Or-Ban Law
President-elect Donald Trump has urged the U.S. Supreme Court to freeze the impending deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, suggesting his new administration could negotiate a deal that would end the need for the congressional mandate.
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December 23, 2024
Biden Vetoes Bill To Add New Judgeships
President Joe Biden vetoed a bill Monday that would have added more federal judgeships, despite the judiciary's plea that more seats on the bench are needed desperately.
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December 23, 2024
HHS Can't Enforce Abortion Privacy Rule Against Texas Doctor
A Texas federal judge has granted a Lone Star State doctor a reprieve from a new U.S. Department of Health and Human Services rule that aims to protect the privacy of abortion providers and patients, saying that the rule likely exceeds the Health Insurance Portability and Accountability Act's statutory authority.
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December 23, 2024
DOL Wants Full 9th Circ. Review Of Contractor Wage Ruling
A split Ninth Circuit panel decision that blocked President Joe Biden from raising federal contractors' minimum wage to $15 an hour shrinks the president's power, the U.S. Department of Labor said, urging the full appellate court to step in.
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December 23, 2024
Google Counters DOJ's Proposed Chrome Sale
Google has countered the Justice Department's proposed divestiture of the Chrome browser in a brief filed in D.C. federal court arguing the proper fix for its illegal search monopoly would be to allow Android phone makers and browser companies the ability to more readily pick rival engines.
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December 23, 2024
'Tragedy To Farce': Menendez Makes 3rd New Trial Bid
Former U.S. Sen. Robert Menendez and two co-defendants, convicted of bribery in July, have made a third push for a new trial in Manhattan federal court, contending that the government's latest admission of an evidence gaffe bolstered their case.
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December 23, 2024
Trump Taps Ex-Homeland Security Atty As DOJ Chief Of Staff
President-elect Donald Trump has tapped Chad Mizelle, who formerly held top legal roles at Trump's Department of Homeland Security and is married to Trump-appointed U.S. District Judge Kathryn K. Mizelle, as chief of staff at the Department of Justice.
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December 23, 2024
Treasury Proposes Contingent Fee Regs For Tax Pros
Tax professionals who practice before the IRS and charge clients contingent fees in connection with preparing returns will be subject to sanctions for disreputable conduct under rules proposed by the U.S. Treasury Department that also require practitioners to be competent in new technology.
Expert Analysis
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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What To Expect Next From Federal Health Tech Regulation
Healthcare organizations should pay close attention to federal health information technology regulators' recent guidance concerning barriers to accessing electronic health information, which signals that more enforcement in this area is likely forthcoming, say attorneys at Ropes & Gray.
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In SF Water Case, Justices Signal How Loper May Be Applied
Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.