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Public Policy
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December 02, 2024
Green Group Urges Justices To Save Wash. Port CWA Ruling
A Washington state environmental group is urging the U.S. Supreme Court not to disturb a Ninth Circuit ruling that protects its right to sue over pollution discharges under the citizen enforcement provision of the Clean Water Act.
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December 02, 2024
5th Circ. Bars Feds From Messing With Texas' Wire Barriers
A split Fifth Circuit panel said federal agents can't interfere with concertina razor wire barriers Texas erected to deter illegal border crossings, ruling that the federal government isn't immune from Texas' state law claims for trespass and conversion.
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December 02, 2024
Cargo Facility Merits Property Tax Break, Mass. Justices Told
A property leased from the Massachusetts Port Authority to a for-profit cargo enterprise is exempt from property tax because the facility serves a public purpose, the lessee told the state's highest court Monday, urging reversal of a tax board decision.
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December 02, 2024
Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims
The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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December 02, 2024
Solar Cos. Ask High Court To Review Vermont-Imposed Fine
Allco Renewable Energy Ltd. and several other companies pursuing a solar generation project in Bennington, Vermont, are asking the U.S. Supreme Court to wade into their row with the Vermont Public Utility Commission and hold that it had no authority to impose a civil penalty on them without a jury trial.
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December 02, 2024
FCC Chair Makes Last-Ditch Plea For 'Rip And Replace'
The Federal Communications Commission's chief called on key lawmakers to act soon to fund a program for securing telecom network equipment that faces a $3.08 billion shortage.
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December 02, 2024
DEA Asserts Its Role As Proponent Of Pot Rescheduling Plan
The Drug Enforcement Administration on Monday affirmed it was acting as the proponent of a proposal to loosen federal restrictions on marijuana, and the administrative law judge said supporters of rescheduling would not get an opportunity to cross-examine DEA witnesses.
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December 02, 2024
Freshfields Lands Onetime SEC Acting Enforcement Head
Freshfields has added a litigation partner in its Washington, D.C., office who brings with her nearly 17 years of government experience including time as acting director of the U.S. Securities and Exchange Commission's enforcement division, according to a Monday announcement.
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December 02, 2024
White House Urges Agencies To Boost Small Biz Contracting
The White House has urged federal agencies to more closely scrutinize federal contractors' subcontracting plans and to standardize their forecasts of upcoming procurement opportunities, efforts it said were intended to boost small business participation in government contracting.
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December 02, 2024
IRS Finalizes Partnership Liability Regs After 11 Years
The Internal Revenue Service unveiled final regulations governing the allocation of partnership liabilities 11 years after releasing the proposed rules, saying no subsequent legislative and regulatory changes had taken place to compel the agency to otherwise renew the rulemaking process.
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December 02, 2024
Ark. Governor Wants Out Of Cherokee Casino License Row
Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.
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December 02, 2024
Australia Passes Public Country-By-Country Reporting
Multinational businesses with large operations in Australia are required to publicly disclose information about their operations in tax havens as designated by the government under a country-by-country reporting law that lawmakers adopted following a two-year saga over concerns about the data's confidentiality.
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December 02, 2024
NC Judge Is 2nd To Reverse Senior Status Plans After Election
A second federal judge appointed by a Democratic president has reversed his decision to take senior status in the wake of former President Donald Trump's win in the 2024 presidential election.
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December 02, 2024
Circle K Fights How Denver Counts Tobacco-To-School Span
The convenience store chain Circle K is suing Denver to challenge the city's application of a law requiring tobacco sales occur no closer than 1,000 feet from schools, alleging in a state court complaint that an erroneous approach to distance measurements will limit Circle K's ability to open new stores.
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December 02, 2024
Shipping Industry Braces For Waves Of New Trump Tariffs
After a holiday weekend marked by a fresh round of tariff threats from President-elect Donald Trump, the shipping and logistics industry is beginning to feel the heat, warning companies to prepare for massive upheaval if Trump follows through.
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December 02, 2024
Atty Seeks DEA Communications On Rescheduling
An attorney is suing the U.S. Drug Enforcement Administration under the Freedom of Information Act, seeking communications between the agency and anti-legalization activists as the agency holds a hearing on whether to reschedule the drug under the Controlled Substances Act.
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November 27, 2024
Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row
Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."
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November 27, 2024
Fla. Judge Halts School Board Depos In Book Ban Suit
A Florida federal judge ordered a partial stay that temporarily halts depositions of Escambia County School Board members in a First Amendment challenge to a ban on certain books, but deferred staying the entire case until an appeal before the Eleventh Circuit is resolved.
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November 27, 2024
Texas Tells 5th Circ. EPA Botched Ozone Compliance Orders
The state of Texas called on the Fifth Circuit to vacate part of a U.S. Environmental Protection Agency action requiring the state to revise its plan addressing "moderate" nonattainment of ground-level ozone standards for the Dallas, Houston and San Antonio areas, in light of the cities' upgrade to "serious" nonattainment.
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November 27, 2024
GM, Cruise Say DPA Has No Bearing On Securities Fraud Suit
General Motors and its driverless car unit Cruise LLC have told a Michigan federal judge that Cruise's deferred prosecution agreement with the U.S. Department of Justice over a San Francisco pedestrian accident doesn't help investors in a proposed securities fraud class action.
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November 27, 2024
Elon Musk Targets CFPB With Call To 'Delete' Agency
Billionaire Elon Musk has called for abolishing the Consumer Financial Protection Bureau, writing on his social media platform X — formerly known as Twitter — that the government should "Delete CFPB" and "there are too many duplicative regulatory agencies."
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November 27, 2024
Cable Biz Urges FCC To Scrap Customer Service Reg Plan
The cable lobby says the Federal Communications Commission should drop plans for new customer service rules on the industry because it lacks legal authority to impose the requirements.
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November 27, 2024
Wash. Appeals Court Slams Brakes On Lucid EV Dealerships
Automaker Lucid can't sell its electric vehicles directly to Washington consumers, a state appellate court has ruled, agreeing with regulators that granting the company the necessary license would violate a state law designed to protect car dealers from unfair competition from manufacturers.
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November 27, 2024
DOL Sued For OSHA Info In NJ Amazon Warehouse Deaths
The U.S. Department of Labor has been hit with a lawsuit by a labor advocate seeking records related to investigations of three deaths at Amazon.com Inc.'s "notoriously hazardous warehouses" in New Jersey in 2022, saying the agency failed to comply with Freedom of Information Act deadlines.
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November 27, 2024
Arkansas Can't Bring Suit Against Crypto Miner For Now
An Arkansas federal judge has temporarily barred state officials from taking action against a Chinese-born U.S. citizen's crypto mining operation after he challenged the investigation against him and the laws underpinning it as discriminatory and unconstitutional.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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Inside FTC's Decision To Exit Key Merger Review Labor Memo
Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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Opinion
Tariffs' Economic Downsides Outweigh Potential Revenue
Import tariffs proposed by the campaign of former president Donald Trump would generate revenue like other taxes, but policymakers must consider the net-negative impact of associated consumer and downstream-industry costs, harm to exporters, potential foreign retaliation and reduction in economic output, says Erica York at the Tax Foundation.
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Comments Show Need For Clarity On SBA Proposed Rule
The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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The OIG Report: Bad Timing For FEC To Be Underresourced
With less than two weeks to the election, the Federal Election Commission’s job has never been more urgent, but a report from its Office of the Inspector General earlier this year found that the agency is facing a resource squeeze that will only get worse without corrective action, says Diana Shaw at Wiley.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.