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Public Policy
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January 06, 2025
FCC Chief Floats Spectrum Sale To Fund Network Security
The outgoing head of the Federal Communications Commission on Monday proposed to quickly get a spectrum auction off the ground with proceeds going toward a key U.S. network security program.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
Newsom Says No New Taxes, No Deficit, In Early Budget Look
California Gov. Gavin Newsom pledged Monday not to raise taxes in the upcoming budget cycle for the state, while providing an early look at a $322 billion budget that differs from the previous two years by not having a deficit.
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January 06, 2025
Pa. Licensing Law For Vape-Makers Flawed, Panel Finds
Part of Pennsylvania's law regulating licenses for e-cigarette manufacturers is unconstitutional because it gives legislative power to the state's Department of Revenue, an appellate court has ruled in an issue of first impression.
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January 06, 2025
DC Judge Denies Atty's Bid To Hasten Search For DEA Leak
A D.C. federal judge Monday denied a Texas attorney's bid to force the U.S. Drug Enforcement Administration to turn over purported communications between agency personnel and anti-legalization activists regarding a proposal to loosen federal restrictions on marijuana.
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January 06, 2025
No Fox Philly License Hearing Means 'Dereliction,' FCC Told
With just two weeks left before President-elect Donald Trump takes office and Republicans gain control of the Federal Communications Commission, a group of anti-Fox News advocates are calling out the commission for failing to hold any hearings on Fox's Philadelphia affiliate's license renewal.
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January 06, 2025
High Court Must Adopt New Voting Standard, Justices Told
Montana Secretary of State Christi Jacobsen is asking the high court to adopt a standard to measure state courts' interpretations of law on the regulation of federal elections, arguing that the justices have an opportunity to correct an earlier opinion that says plaintiffs can challenge a state election map's constitutionality.
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January 06, 2025
Judge Rejects Rape Kit Seller's 2nd Bid To Pause Wash. Ban
A Washington federal judge has denied a request for an injunction pending appeal by a company challenging the state's ban on the sale of "DIY" DNA collection kits for sexual assault survivors, reiterating his prior ruling that the law passes constitutional muster because it regulates conduct and not speech.
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January 06, 2025
T-Mobile's Lax Policies Led To 2021 Data Hack, Wash. AG Says
Washington's attorney general on Monday accused T-Mobile of repeatedly ignoring cyber-threat warnings leading up to a 2021 data breach that exposed sensitive personal data belonging to more than 2 million customers in the state.
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January 06, 2025
Pa. Lawmaker's 'Defamatory' Memo Is Deemed Immune
Legislative immunity protects a Pennsylvania state senator from an energy executive's claims that he was defamed with a memo about legislation to close a legal loophole associated with his name, according to a ruling from a state appellate court.
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January 06, 2025
Biden OKs Social Security Fix In Move Cheered By Unions
Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.
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January 06, 2025
DOD Tells DC Circ. It's Pondering New Time-In-Service Regs
The U.S. Department of Defense told the D.C. Circuit that litigation over its scrapped time-in-service requirements for immigrant soldiers to be eligible for naturalization is not moot, because it may issue new requirements — an assertion that soldiers who successfully challenged the policy panned.
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January 06, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission successfully blocked Kroger's purchase of Albertsons while continuing to battle with Tempur Sealy and its planned buy of Mattress Firm, and Novo Nordisk managed to finalize its purchase of Catalent. Here, Law360 takes a look at some of the major merger review developments from December.
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January 06, 2025
DOJ Backs Later 30-Day Window For Removal Appeals
The federal government told the U.S. Supreme Court that a 30-day deadline for noncitizens to challenge removal orders only applies for purposes of judicial review when proceedings in lower tribunals conclude, not when the initial removal orders are issued.
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January 06, 2025
Ill. Bill Aims To Extend Affordable Housing Tax Break Deadline
Illinois would allow some owners of affordable rental housing until the end of 2037 to apply for a reduction in their property's assessed value for tax purposes as part of a bill introduced in the state Senate.
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January 06, 2025
Frontier Tests DC Airport Slot Exemptions At DC Circ.
Frontier Airlines Inc. is contesting a decision from federal transportation regulators to exclude the budget carrier from a list of airlines allowed to operate new long-distance flights out of Reagan National Airport, just outside Washington, D.C.
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January 06, 2025
NC Justices To Decide Ballot Challenge In High Court Race
A Republican appellate judge looking to throw out more than 60,000 votes in his race for a seat on the North Carolina Supreme Court succeeded Monday in getting his legal challenge kicked back to the Tar Heel State's top court, with a federal judge finding it wasn't his place to decide the matter.
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January 06, 2025
On Capitol Riot Anniversary, DOJ Update Says 1,500 Charged
On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.
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January 06, 2025
FCC Warns Of $2.3M Pirate Radio Fine In Boston
The Federal Communications Commission on Monday warned a Dorchester, Massachusetts, property owner of a potential fine reaching more than $2.3 million for an alleged pirate radio operation.
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January 06, 2025
New Joint Bar Task Force To Tackle Indigent Defense In NYC
The New York City Bar Association announced Monday that it has teamed up with the city's county bar associations to form a task force assessing the NYC Assigned Counsel Plan, which assigns lawyers to indigent people in criminal and family courts who can't be served by institutional legal service providers.
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January 06, 2025
Biden Closes Off Coastal Areas To Offshore Drilling
President Joe Biden on Monday announced a ban on new offshore oil and gas drilling in more than 625 million acres of U.S. waters on the Atlantic and Pacific coasts and in Alaska after determining that the environmental and economic risks and harms outweigh the benefits of drilling.
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January 06, 2025
Jenner & Block Faces DQ Bid In Casino Project Dispute
Three Native American tribes want Jenner & Block LLP disqualified from a lawsuit that seeks to block the construction of a new casino in Oregon, claiming the firm previously represented them in the same dispute.
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January 06, 2025
Insurance Execs Seek Defense Costs For Self-Dealing Suit
Insurance company executives who were fired amid accusations they stole assets from their company to start a competing venture demanded coverage for the dispute from their new business's insurer in Georgia Federal Court.
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January 06, 2025
FTC Blasts Tempur Sealy's New Floor-Space Promise
The Federal Trade Commission told a Texas federal court a revised commitment from Tempur Sealy to preserve floor space for rivals in Mattress Firm stores would not restore the competition lost by a merger of the companies because it cannot be enforced.
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January 06, 2025
NY Pot Agencies Want Hemp Regulations Challenge Tossed
New York's state cannabis regulators are urging a federal court to throw out a challenge to its new hemp regulations, saying that the new rules are necessary to close a loophole through which retailers were selling products that were technically hemp, but are as intoxicating as cannabis.
Expert Analysis
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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.
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Opinion
How Trump Admin Should Address Indian Country Priorities
The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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Preparing For More Limber Federal Supply Chain Oversight
Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.