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Public Policy
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January 13, 2025
NY Dispensaries Say Pot Agencies Broke Proximity Rules
A group of four adult-use marijuana dispensaries are suing New York's cannabis regulators, aiming to vacate the issuance of licenses for four competing dispensaries that they say violate the state's 1,000-foot buffer between outlets.
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January 13, 2025
Manufactured Housing Groups Seek Early Win Against DOE
Two manufactured-housing trade groups pushed for an early win in Texas federal court in their suit against the U.S. Department of Energy over an energy conservation rule for manufactured housing that the groups claimed failed to hit "a rational balance between energy conservation and affordable housing."
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January 13, 2025
Uber Says Colo. Pay Disclosure Law Infringes Free Speech
Uber is suing Colorado state officials in Denver federal court, contending new driver earnings and service fee disclosure requirements violate the First Amendment by forcing commercial speech, adding that they will ultimately mislead the public about how much in fares the company retains.
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January 13, 2025
T-Mobile, UScellular Say Tie-Up Will 'Greatly' Amp Up Service
T-Mobile and UScellular defended their $4.4 billion deal to combine wireless operations, telling the Federal Communications Commission that expanding the T-Mobile footprint will improve consumers' experiences around the country.
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January 13, 2025
FCC Monitoring For Wireless Outages Caused By LA Fires
The Federal Communications Commission said Monday it was closely monitoring the effect of the Los Angeles wildfires on telecommunications networks and was granting tentative authority for providers to fill any gaps in service.
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January 13, 2025
AGs, Lobbyists Ask Justices To Keep Shell Co. Law Blocked
The U.S. Supreme Court should deny the federal government's emergency application to stay a Texas district court's injunction on a law aimed at cracking down on crimes committed with shell companies, according to numerous state attorneys general and interest groups and a handful of small businesses.
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January 13, 2025
Interior Department Approves Ore. Tribal Casino Amid Lawsuit
The U.S. Department of the Interior gave its final approval to Oregon's first off-reservation casino amid litigation that looked to block the project, ending a 13-year application process for the Coquille Indian Tribe.
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January 13, 2025
Tax Firm Asks Court To Ax Final IRS Microcaptive Rules
A global tax services provider asked a Texas federal court to vacate finalized tax rules requiring the reporting of certain transactions involving captive insurance companies deemed as potentially abusive, arguing the guidance goes beyond the agency's authority.
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January 13, 2025
Mich. Pot Agency Says Processor Violated State Regulations
Michigan's Cannabis Regulatory Agency has filed a formal complaint against a Mt. Morris cannabis processor, saying that it handled hemp isolate without having a license to do so.
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January 13, 2025
Trump Taps Gibson Dunn Partner For EPA's No. 2 Post
President-elect Donald Trump said he intends to nominate David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post during his administration.
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January 13, 2025
RFK Jr.'s Wash. Anti-Vax Suit Can't Get High Court Save
The U.S. Supreme Court on Monday rejected Robert F. Kennedy Jr.'s bid for an emergency order to temporarily block a state of Washington medical board investigation into alleged anti-vaccine statements made by retired doctors.
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January 13, 2025
Sen. Warren To Grill Treasury Pick On Trump's Tax Agenda
Sen. Elizabeth Warren, D-Mass., plans to ask Treasury secretary nominee Scott Bessent at his confirmation hearing in front of the Senate Finance Committee on Thursday about President-elect Donald Trump's tax agenda and plans for the Internal Revenue Service, according to a letter she sent the nominee.
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January 13, 2025
Ore. Tax Court Says No Depreciation On Residences
The owners of a pair of Oregon residences were denied depreciation deductions against their state income taxes because they did not demonstrate that the homes were income-producing properties, the state tax court said.
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January 13, 2025
Justices Mull Grammar In First Step Act Resentencing Case
The U.S. Supreme Court grappled with grammar-heavy arguments Monday over whether lighter sentences under the First Step Act should apply to defendants who were sentenced before the 2018 law was enacted but later resentenced after their original sentences were thrown out.
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January 13, 2025
Chamber Challenges FTC And DOJ Merger Filings Overhaul
The U.S. Chamber of Commerce and other business groups have filed a legal challenge contesting the looming overhaul to merger filing notification requirements that the Federal Trade Commission and Justice Department say will fill information gaps, but that the Texas federal lawsuit contends is overly burdensome and unjustified.
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January 13, 2025
Ore. Court OKs Farm Tax Break For Landfill, Corn Maze
Portions of property in a farming operation used for a corn maze and for a landfill that was part of a remediation effort are eligible for a special agricultural property tax assessment, the Oregon Tax Court ruled.
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January 13, 2025
Contractor Drops Mich. Supreme Court 'Fees For Fees' Appeal
A general contractor has moved to dismiss its Michigan Supreme Court appeal of an attorney-fee award that was slashed because the contractor was found responsible for dragging out litigation with a road agency after receiving the public records it sued the agency to obtain.
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January 13, 2025
Ind. Bill Would Restrict Property Tax Referendum Placement
Indiana would limit when school corporations may place referendums authorizing certain property tax levies on a ballot to general elections, under a bill introduced Monday in the state House of Representatives.
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January 13, 2025
IRS Eases Process Of Insurance Co. Alternate Tax Revocation
The Internal Revenue Service laid out a streamlined process Monday by which certain insurance companies that took an elective application of an alternative tax may obtain automatic consent to revoke that election.
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January 13, 2025
Ind. Senate Bill Seeks To Cap Local Property Tax Hikes
Indiana would not allow a political subdivision to increase its property tax levy if there is not an increase in the subdivision's assessed value under a bill introduced Monday in the state Senate.
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January 13, 2025
FTC Says It Has Power To Modify Meta Privacy Order
The Federal Trade Commission has rejected Meta's argument that the agency lacks authority to modify a $5 billion data privacy settlement as the social media giant continues fighting an order barring it from monetizing children's data.
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January 13, 2025
Special Counsel's Report On Trump's DC Case Released
With a Florida federal judge's permission on Monday, U.S. Attorney General Merrick B. Garland released the first volume of former special counsel Jack Smith's report regarding his now-abandoned election-interference case against Donald Trump in D.C.
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January 13, 2025
Tax-Exempt Regs Should Cover Trust Payments, Tribes Say
Five tribal leaders told the U.S. Treasury Department on Monday that trust payments distributed to members, including those issued to minors and special-needs individuals, should be included among the tribal welfare benefits that recent proposed rules would exempt from federal income taxes.
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January 13, 2025
Ga. Waste Authority Sues To Block County's Audit Attempt
A Georgia county's solid waste authority, whose finances came under scrutiny from the Federal Bureau of Investigation last year, has sued its county's government to block an effort by the county to force inspections and audits of its waste facilities.
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January 13, 2025
Colo. Justices To Consider When Late Filings Are Excusable
The Colorado Supreme Court on Monday agreed to hear an oil company's case arguing its "minor" mistake of filing an appeal with a trial court, which was refiled the day after a deadline, should be excused.
Expert Analysis
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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.
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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.