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Public Policy
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October 28, 2024
For-Profit College Says Colo. Can't Show Broad Public Harm
A defunct for-profit college told a Colorado judge Monday that the state hasn't shown enough students were directly impacted by its allegedly deceptive trade practices for consumer protection claims to survive, in a decade-old case that is now back before a trial judge after years of appeals.
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October 28, 2024
Investment Firm's Head Indicted For Alleged Ponzi Scheme
Federal prosecutors have unsealed an indictment accusing a Utah man of carrying out a Ponzi scheme to embezzle millions of dollars from private investors who believed they were contributing to restaurant ventures.
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October 28, 2024
Mich. Tribe Asks Court To Rethink DOI Contempt Order
A Michigan tribe is asking a D.C. federal judge to reconsider a ruling that declined to hold Interior Secretary Deb Haaland in contempt over a deadline to finalize a new rule on repetitioning for federal recognition, saying the agency's actions don't suggest it plans to do so anytime soon.
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October 28, 2024
Navajo See Growing Trend After Return Of Ceremonial Masks
The Navajo Nation says there is a growing trend among the descendants of collectors and amateur archaeologists to give Indigenous artifacts back to their rightful owners, after a donor returned a set of 11 ceremonial masks that the tribe says vitally define its sovereignty.
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October 28, 2024
Leader Of Bankers' Group Calls For Anti-Fraud Watchdogs
The head of the nation's largest banking trade group on Monday called on Congress and the White House to establish a federal office of scam and fraud prevention to counteract the rising tide of fraud costing the U.S. tens of billions annually.
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October 28, 2024
Colo. Will Decide How Judges Are Judged
The Colorado Supreme Court could soon lose some of its control over judicial discipline, from the rules governing the process to who doles out punishment, as voters decide whether to adopt constitutional reforms following a scandal over hush-money allegations that ensnared a former chief justice and other top judiciary officials.
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October 28, 2024
Pennsylvania Judge Yanks Delaware River Port Approvals
A Pennsylvania federal judge ruled Monday that the U.S. Army Corps of Engineers "arbitrarily and capriciously departed from its own procedures" in authorizing plans for a new port on the Delaware River in Delaware, downriver from Philadelphia, ordering the agency to conduct a closer review of the project.
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
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October 28, 2024
FTC, DOJ Tell 9th Circ. Google Wrong On Play Store Fixes
Federal antitrust enforcers told the Ninth Circuit there should be consequences after a jury found Google monopolized the Android app distribution market, as Google pushes to keep a court order paused in the antitrust case being brought by Epic Games.
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October 28, 2024
Colo. Judge: Attys Have Work To Do On Disability Acceptance
A Colorado appeals court judge who co-founded the Colorado Disability Bar Association told a room of law students Monday that while the legal community has made progress on being inclusive of those with physical disabilities, work remains on accepting lawyers with "invisible disabilities" like mental health conditions, neurodivergence and chronic pain.
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October 28, 2024
Feds Defend DEI Monitor Provision In Boeing Plea Deal
The U.S. Department of Justice said it will consider diversity and inclusion when it picks an independent compliance monitor for The Boeing Co. under a proposed plea agreement in the company's criminal conspiracy case, reassuring a Texas federal judge that the selection process will be rigorous.
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October 28, 2024
NY Suit Over Inaccurate Background Check Gets Dropped
A man who lost a job opportunity with the Home Shopping Network after an allegedly faulty background check pinned him for cocaine trafficking instead of marijuana peddling agreed to drop his suit against the screening company.
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October 28, 2024
Ga. Election Denier Sues Over Council Meeting Arrest
A Georgia election denier sued a host of Floyd County officials over his arrest last year at a county commission meeting, alleging that the county government conspired to have him jailed after he lobbied for its attorney to be fired.
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October 28, 2024
FCC Looks To Build 'Single Network Future' Through Regs
The federal government envisions a "single network future" where smartphones can connect almost anywhere in the country thanks to regulations allowing signal coverage enhanced by satellites, the Federal Communications Commission's chief told academics.
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October 28, 2024
FCC Urged To Include Credit Unions In Broadband Fund Rules
Credit unions should be included along with banks under Federal Communications Commission requirements to secure letters of credit in order to receive funding for broadband networks, a national trade group told the FCC.
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October 28, 2024
Supreme Court Keeps 5th Circuit Horse Racing Ruling On Ice
A Fifth Circuit ruling that declared the Horseracing Integrity and Safety Authority's oversight of federal horse safety regulation to be unconstitutional was put on hold by the U.S. Supreme Court on Monday while it decides whether to hear the authority's appeal.
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October 28, 2024
Biden Immigration Rule Pushes 'Mass Amnesty,' Texas Says
Texas told a federal judge that a Joe Biden administration rule allowing noncitizens and stepchildren of U.S. citizens to stay in the country while they apply for green cards and work permits ignores existing immigration law and was an attempt at pushing "mass amnesty."
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October 28, 2024
No COVID Property Tax Break For Hotels, Wash. Court Told
Hotels in Washington state should not get property tax breaks for COVID-19 because the pandemic was not a natural disaster that allows relief, the assessor of the state's most populous county told a state court.
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October 28, 2024
HHS Says In-Home Evals Raised Insurers' Medicare Payments
Private Medicare insurers collected an estimated $4.2 billion in extra federal payments last year from in-home health assessments they conducted, even though the evaluations led to no treatment, according to a report by the U.S. Department of Health and Human Services' internal watchdog.
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October 28, 2024
FCC To Help Tribal Libraries Connect To E-Rate Funding
The Federal Communications Commission will help tribal libraries link up with funding through the E-Rate subsidy program for schools and libraries on a permanent basis.
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October 28, 2024
Transgender Inmate's Suit Meets Skeptical 2nd Circ. Judge
A Second Circuit judge pressed counsel for a transgender inmate Monday to explain how prison officials in Connecticut were supposed to know that their failure to refer the inmate to specific gender dysphoria treatment would constitute cruel and unusual punishment, noting that relevant case law may not have put them on notice.
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October 28, 2024
Tribe-Linked Lenders Flouted Interest Laws, Borrower Says
A Florida man and his purported data analytic companies face a proposed class action alleging they improperly touted a relationship with a small Native American tribe as they made consumer loans with triple-digit annual interest rates.
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October 28, 2024
5th Circ. Balks At Ballots Received After Election Day
The Fifth Circuit has ruled against Mississippi being able to count ballots received after Election Day, but it is unlikely to have an effect on the upcoming election.
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October 28, 2024
Mass. Court's Wiretap Ruling May Be Bad Omen For Plaintiffs
A ruling by the Massachusetts high court rejecting wiretap claims over website operators' use of tracking software like Meta Pixel and Google Analytics shows the steep climb plaintiffs may continue to face as they try to apply older laws to modern technologies, experts told Law360.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
Expert Analysis
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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New Law May Move Calif. Toward Fashion Sustainability
California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.