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Public Policy
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January 07, 2025
FAR Council Withdraws Proposed Contractor Pay Equity Rule
The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.
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January 07, 2025
Developer Says Mass. Stalling $15M Brownfields Tax Credit
The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.
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January 07, 2025
Trump Names Classified Docs Case Atty For White House Role
Stanley Woodward Jr. of Brand Woodward Law LP is the latest attorney from Trump world to be tapped for a role for the incoming administration.
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January 07, 2025
NC Biz Court Limits MV Realty's Usable Trial Evidence
Embattled Florida real estate company MV Realty will not be allowed to introduce certain evidence at its upcoming fraud trial about its calls to consumers, as a punishment for providing the state inaccurate information during discovery, the North Carolina Business Court has ruled.
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January 07, 2025
No New Money For More Colo. Judges, Chief Justice Told
Colorado budget leaders told the state's chief justice Tuesday that her $13 million ask for more judges and staff next year was a nonstarter unless she proposed offsetting cuts, with one lawmaker saying the requested increase was "not going to happen" amid the state's $750 million shortfall.
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January 07, 2025
DOJ Ropes Landlords Into RealPage Antitrust Case
The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.
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January 07, 2025
Venable Hires Former Sen. Dean Heller Of Nevada In DC
Venable LLP has added former U.S. Sen. Dean Heller as a senior policy adviser, with the most recent Republican to win a Senate seat in Nevada joining the firm's team in D.C. as the GOP is set to take control of the House, Senate and White House, the firm announced Tuesday.
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January 07, 2025
NJ Investigation Agency Elevates Interim Chief To Top Role
The New Jersey State Commission of Investigation has appointed Tiffany Williams Brewer, a former state administrative law judge, assistant U.S. attorney and law professor, as chief executive of the agency.
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January 07, 2025
DC Circ. OKs FERC's Approval For Indiana Pipeline
A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.
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January 07, 2025
Lawmakers Push To Limit China's Access To US AI Tech
Two congressmen, in anticipation of a new framework being published by the Bureau of Industry and Security, have urged the secretary of commerce to place strict guidelines on high-end artificial intelligence technology the United States exports over fears of China's access to it.
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January 07, 2025
Treasury Dept. Provides Sanctions Relief To Syria
The U.S. has expanded certain authorizations and issued additional sanctions relief for the Syrian people following the collapse of Bashar al-Assad's government in December, with the goal of ensuring that the current U.S. sanctions on Syria don't impede activities to meet basic human needs.
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January 07, 2025
House Passes Migrant Detention Bill, Senate Next
The House voted 264-159 on Tuesday on a bill to allow U.S. Immigration and Customs Enforcement to take into custody undocumented immigrants accused of theft, which the Senate is expected to take up later this week.
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January 07, 2025
Osage Nation Asks Court To Confirm Reservation Boundaries
The Osage Nation has urged an Oklahoma federal court to acknowledge its reservation's continued existence, arguing that a conclusion the Tenth Circuit reached 15 years ago saying the tribe's boundaries were disestablished was based entirely on extratextual factors.
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January 07, 2025
NC Justices Pause Certification Of Contested Top Court Race
North Carolina's top court on Tuesday stopped the state Board of Elections from certifying the results of a hotly contested associate justice race, granting a temporary stay to the losing Republican candidate in the midst of his ballot challenge seeking to throw out scores of votes.
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January 07, 2025
Ga. County Officials Want Election Denier's Arrest Suit Stayed
A host of Floyd County, Georgia, officials and the law firm of the county attorney have asked a federal judge to stay a lawsuit brought against them by an election denier who alleged they conspired to have him jailed after he lobbied for the county attorney to be fired.
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January 07, 2025
Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit
A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.
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January 07, 2025
Trump Threatens Denmark With Tariffs In Greenland Feud
President-elect Donald Trump issued a new tariff threat on Tuesday, this time vowing to take action against Denmark if it does not relinquish control of Greenland to the U.S., a proposal he floated at several points during his first term.
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January 07, 2025
Menendez's Wife Fears His Sentencing Would Taint Her Trial
The wife of former Sen. Robert Menendez asked a New York federal judge on Tuesday to delay her trial on bribery charges, scheduled for Feb. 5, to avoid having it commence within one week of the sentencing of her husband and co-defendant.
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January 07, 2025
No Problem With $217M Dam Repair Tax, Mich. Panel Says
A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.
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January 07, 2025
Religious Schools Ask 1st Circ. To Gut 'Poison Pill' Law
Two religious schools in Maine asked a First Circuit panel on Tuesday to strike down a "poison pill" passed by state lawmakers to blunt a U.S. Supreme Court decision affirming that the schools may participate in a government tuition program.
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January 07, 2025
Judge Temporarily Blocks Trump Special Counsel Report
A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.
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January 07, 2025
Trump Can't Halt Sentencing In NY Case, Appeals Judge Says
A New York appellate judge Tuesday declined to freeze proceedings in Donald Trump's criminal hush money case, clearing the way for the president-elect to be sentenced as scheduled on Friday following his guilty verdict and just days before his inauguration.
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January 07, 2025
CFTC Chair Behnam To Step Down When Trump Takes Office
U.S. Commodity Futures Trading Commission Chair Rostin Behnam announced Tuesday that he will resign his chairmanship on Inauguration Day in order to make way for new agency leadership under incoming President Donald Trump, who has yet to name Behnam's successor.
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January 07, 2025
CFPB Adopts Rule To Take Medical Debt Off Credit Reports
The Consumer Financial Protection Bureau moved ahead Tuesday with plans to restrict the use of medical debt information in credit scoring and lending, finalizing a rule that it said will take an estimated $49 billion in unpaid medical bills off consumers' credit reports.
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January 06, 2025
9th Circ. Urged To Extend Freeze On Calif. Social Media Law
Tech trade group NetChoice is pressing the Ninth Circuit to stop California from beginning enforcement of a new social media addiction law on Feb. 1, arguing that the lower court "flouted" precedent when it refused to find that restricting minors' access to personalized feeds violates the First Amendment.
Expert Analysis
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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.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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Predictions For Trump Antitrust Enforcement Of Life Sciences
Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.