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Public Policy
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January 13, 2025
FCC Defends T-Mobile, Sprint Privacy Fine In DC Circ.
The Federal Communications Commission is defending its decision to hit T-Mobile and Sprint with a combined $92 million in fines for selling users' sensitive location data, telling the D.C. Circuit that the wireless carriers could have received a jury trial but were not owed one.
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January 13, 2025
Mich. AG Says She Is Immune From Flint Water Suit
Michigan Attorney General Dana Nessel has told a federal court she is immune from allegations that she stripped due process rights from former Gov. Rick Snyder's aide when he was among the officials indicted in the aftermath of the Flint water crisis.
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January 13, 2025
Dems Seek Postponement Of Interior Secretary Hearing
Democrats on the U.S. Senate's Energy and Natural Resources Committee on Monday asked for the nomination hearing for secretary of the U.S. Department of the Interior to be delayed, claiming they haven't received the requisite documents.
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January 13, 2025
Justices Won't Hear Farming Partnership's Crop Policy Fight
The U.S. Supreme Court refused Monday to review a Ninth Circuit decision backing the Federal Crop Insurance Corp.'s conclusion that a farming partnership seeking to recover its $1.9 million policy limit didn't qualify for coverage.
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January 13, 2025
SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says
A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.
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January 13, 2025
Wife Of Ex-Sen. Menendez Can't Delay Bribery Trial
Nadine Menendez, former U.S. Sen. Bob Menendez's wife, has lost her bid to postpone her Feb. 5 trial on bribery charges, as a Manhattan federal judge rejected her contention that her husband's sentencing on similar charges just a week prior would taint her jury.
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January 13, 2025
Justices Want Solicitor General To Weigh Alaska Land Feud
The U.S. Supreme Court asked the solicitor general Monday to weigh in on a review petition filed by an Alaskan property owner embroiled in a land feud with his neighbor.
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January 13, 2025
Feds Say NC Medical Biz Owner Overbilled For Nutrient Drinks
A North Carolina businessman who ran a durable medical equipment business under multiple names overbilled the state's Medicaid program $1.85 million for special enteral nutritional formulas used to treat inherited metabolic disorders when he was actually just providing people common nutritional shakes like Ensure, the federal government said.
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January 13, 2025
Supreme Court Won't Hear ND Native Voting Rights Dispute
The U.S. Supreme Court won't hear a challenge by two local North Dakota Republican Party officials to a lower court's ruling that said two of the state's new House subdistricts created to prevent Native American voter dilution were legally drawn under Section 2 of the Voting Rights Act.
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January 13, 2025
Supreme Court Turns Away IP Safe Harbor Dispute
The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.
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January 13, 2025
Justices Won't Hear Bid To Quash Antitrust Probe Of Realtors
The Supreme Court refused on Monday to review the National Association of Realtors' bid to block a reopened U.S. Department of Justice antitrust investigation of the trade group's rules.
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January 13, 2025
High Court Won't Scrutinize Huge Class Of Meta Advertisers
The U.S. Supreme Court declined Monday to assess the certification of an enormous class of businesses that social media colossus Meta Platforms allegedly defrauded by inflating the reach of Facebook and Instagram advertisements, upping the odds of a major payout in the closely watched case.
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January 13, 2025
Justices Wants DOJ's Input In Wash. Port Water Permit Row
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a dispute over whether private lawsuits can proceed in federal court when they seek to enforce permit conditions that go beyond what's required by the Clean Water Act for discharging substances into state water bodies.
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January 13, 2025
Justices Reject Utah's Effort To Wrest Land From Feds
The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.
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January 13, 2025
Justices Won't Hear Farm's Bid To Retake Denver Airport Land
The U.S. Supreme Court on Monday declined to hear a Colorado farm company's petition arguing Denver can't hold onto land originally seized for the Denver International Airport now that the city plans to build a private commercial complex on the property.
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January 13, 2025
Justices Won't Weigh Calif. Arbitration Rule In Cable Case
The U.S. Supreme Court declined Monday to review whether federal law preempts a California appeals court rule that says arbitration agreements cannot be used to bar plaintiffs from seeking public injunctive relief.
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January 13, 2025
Justices Pass On Challenge To Mass. Offshore Wind Project
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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January 13, 2025
Justices Won't Weigh Del. Gun Laws, Injunction Standards
The U.S. Supreme Court turned away a challenge to Delaware's gun laws that could also reset expectations for getting interim relief in cases involving constitutional rights, according to orders released Monday.
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January 13, 2025
Justices Won't Review Biden's Contractor Wage Hike
The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
FDIC's Hill Calls For 'New Direction' In Preview Of Agenda
Federal Deposit Insurance Corp. Vice Chairman Travis Hill signaled Friday that he intends to steer the agency in a "new direction" when he takes over as its acting chief later this month, mapping out plans for a more tech-friendly, lighter-touch approach.
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January 10, 2025
DOJ Sues Airbnb After Host Denied Rental To Mom With Kids
The U.S. Department of Justice on Friday accused Airbnb of violating the Fair Housing Act over allegations that one of the company's hosts refused to rent an apartment in Alabama to a mother because she had three school-aged children.
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January 10, 2025
DeSantis Vows More Money, Control Over Everglades Projects
Florida Republican Gov. Ron DeSantis pledged to recommend $805 million of the state budget for continuing efforts in Everglades restoration and promised to take more control over water management, saying he hopes to work with the incoming Trump administration to expedite projects in order to reduce time and taxpayer expense.
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January 10, 2025
Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns
The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.
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January 10, 2025
Colorado Conduct Panel Dings Judges For Disclosure Lapses
A Colorado judicial commission on Friday criticized 48 judges for failing to file state-mandated personal financial disclosure reports in 2023, saying the lapses "cast a shadow" over the state's judiciary but did not warrant public discipline because no judges were dishonest or improperly secretive.
Expert Analysis
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Key Rulings On Sentencing Guidelines After Loper Bright
The U.S. Supreme Court's landmark decision in Loper Bright v. Raimondo raised questions as to when and whether courts should defer to the U.S. Sentencing Guidelines' commentary in disputes over the guidelines' meaning — but some recent appellate court rulings provide insights for defense counsel in this area, say attorneys at Foley & Lardner.