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Public Policy
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January 10, 2025
Feds Say Rocket Mortgage Can't Avoid Race Bias Suit
The federal government has pushed back against Rocket Mortgage LLC's motion to dismiss a racial discrimination suit accusing the company and other parties of undervaluing a Black woman's Denver duplex after she applied for refinancing.
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January 10, 2025
Construction Exec Cops To Unlawfully Funding NYC Mayor
A Turkish-born construction executive with ties to Eric Adams told a Manhattan federal judge Friday that he funneled unlawful donations to the New York City mayor's campaign, as prosecutors secured a guilty plea in their high-profile political corruption investigation.
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January 10, 2025
Justices Seem Inclined To Uphold TikTok Sale-Or-Ban Law
The U.S. Supreme Court seemed likely Friday to uphold a law requiring TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, despite some justices expressing concern over the law's impact on the free speech rights of Americans who use the wildly popular social media platform.
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January 10, 2025
Conn. GOP Eyes McCarter & English Partner For US Atty Role
Connecticut's Republican Party chair says the state's next top federal prosecutor should be someone with qualifications that mirror a McCarter & English LLP partner whose three decades in the U.S. attorney's office would make him a logical fit, although Donald Trump's selection could carry "wildcard potential," one observer noted.
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January 10, 2025
Treasury Floats Rules For Commercial Green Vehicle Credits
The U.S. Treasury Department and the Internal Revenue Service proposed rules Friday for obtaining tax credits for commercial green vehicles under provisions of the Inflation Reduction Act, suggesting ways for determining the credit amount and identifying which vehicles are eligible.
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January 10, 2025
DHS Adds Romania To Visa Waiver Program
U.S. Secretary of Homeland Security Alejandro N. Mayorkas on Friday designated Romania as a participant in the visa waiver program, allowing most Romanian citizens to travel to the U.S. for tourism or business for up to 90 days without having to obtain a visa.
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January 10, 2025
Advocates Press For Renewed Broadband Subsidy Bill
A public interest group on Friday pushed the new Congress to renew a broadband subsidy for low-income households that ran out of money last year.
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January 10, 2025
DHS Extends Temporary Protections For 4 Countries
The U.S. Department of Homeland Security extended the temporary protected status for El Salvador, Venezuela, Sudan and Ukraine on Friday for 18 months, citing a wide array of humanitarian conditions in the countries that prevent individuals from safely returning.
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January 10, 2025
DOJ Sues To Block Amex GBT's $570M Deal For Rival CWT
The U.S. Department of Justice filed a lawsuit Friday seeking to block American Express Global Business Travel Inc.'s planned $570 million acquisition of corporate travel management rival CWT Holdings LLC.
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January 10, 2025
Trump Avoids Jail As Judge Points To Presidential Status
A New York state judge on Friday spared President-elect Donald Trump any incarceration for his 34-count felony hush money conviction, citing the changed legal landscape, which affords the chief executive with "extraordinary legal protections."
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January 09, 2025
Fox Corp. Can't Ax Smartmatic's Defamation Suit, Panel Says
Fox Corp. will have to face a defamation claim in voting technology company Smartmatic's $2.7 billion lawsuit alleging the media company exercised control over allegedly harmful news coverage during the 2020 presidential election, a New York state appellate court ruled Thursday.
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January 09, 2025
Tort Report: Philadelphia Tops Annual 'Judicial Hellhole' List
Philadelphia's designation by a tort reform group as a top "judicial hellhole" and the nation's largest medical malpractice verdict ever lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
Target Brass Face Derivative Suit Over DEI Fallout
Target Corp.'s executives and directors have been hit with a shareholder derivative suit in Florida federal court alleging that the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ+ merchandise harmed investors.
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January 09, 2025
Texas Hits TikTok With Another Suit Over Child-Online Safety
Texas hit TikTok with another lawsuit in the Lone Star State court following similar consumer protection suits, accusing the social media giant — which is facing a ban in the U.S. — of deceptively marketing its purportedly addictive app as safe for minors despite letting explicit material run rampant on the platform.
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January 09, 2025
Wash. Seeks To Ease Legal Practice Path For Military Spouses
Washington's state courts are considering rule changes to make it easier for attorneys married to military members and graduates of law schools not accredited by the American Bar Association to practice law in the state, part of a series of moves to reduce barriers to the legal profession.
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January 09, 2025
CFPB Hit With 2nd Suit Over Medical Debt Reporting Rule
The Consumer Financial Protection Bureau has been hit with a second lawsuit challenging its new rule that would wipe billions of dollars in medical debt off consumer credit reports, with ACA International filing a complaint in Texas federal court arguing healthcare markets are outside the agency's regulatory authority.
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January 09, 2025
Amgen Says Enbrel Protected By Legit Patents, Rulings
Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.
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January 09, 2025
Fla. Condos Tied To Sanctioned Russians Transferred To Feds
The U.S. government has taken ownership of two Florida luxury condominiums allegedly tied to Russians sanctioned for their roles in the annexation of the Ukrainian region of Crimea in 2014 and for their involvement in the properties being used to launder rental proceeds.
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January 09, 2025
5th Circuit Wrong To Toss Subsidy Fund, FCC Tells High Court
The Federal Communications Commission urged the U.S. Supreme Court to overturn last year's Fifth Circuit decision gutting the FCC's multibillion-dollar subsidy fund, arguing the appeals court got it wrong in finding Congress unlawfully relinquished its taxing powers.
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January 09, 2025
AT&T Settles Suit Over Faux Pine Tree Antennas
AT&T is dropping its suit against the city of Walla Walla, Washington, over a 65-foot-tall utility pole that was slated to look like a pine tree, agreeing to use a separate location just outside the city limits.
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January 09, 2025
Inventor Group Warns Of Issa's Return As House IP Panel Chair
Policy outfit US Inventor Inc. has spoken out against the return of Rep. Darrell Issa, R-Calif., to head the U.S. House subcommittee overseeing intellectual property in the new Congress, warning on Thursday Issa's leadership role will have distressing affects on American startups and innovators while benefiting foreign competitors in other countries like China.
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January 09, 2025
Colo. Oil Co. Says Unfair Order Threatens Its Demise
Oil and gas operator K.P. Kauffman Co. Inc. is asking a Colorado state judge to scrap a $5.8 million penalty against it, claiming regulators unlawfully imposed an unfair order that threatens to drive it into insolvency and bankruptcy.
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January 09, 2025
Biden's Title IX Gender Identity Rule Struck By Ky. Judge
A Kentucky federal judge on Thursday struck down the Biden administration's expansion of Title IX to include gender identity, saying the rule "impermissibly redefines discrimination on the basis of sex" in excess of U.S. Department of Education authority.
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January 09, 2025
ND Voting Laws May Be Undone In 8th Circ., Justices Told
Two local North Dakota Republican Party officials are urging the Supreme Court to take up their bid to reverse a lower court's ruling over newly created subdistricts for Native American voters, arguing that the "highly unusual" procedural posture of similar suits in the Eighth Circuit are likely to be overturned.
Expert Analysis
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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FTC Picks Augur Pro-Business Bent For Much Of Economy
President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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8 Trends And Predictions Following PE's Late 2024 Surge
Private equity will remain at the forefront of value creation in 2025, and anticipated market trends include sponsors' desire to return capital to investors and a more business-friendly tack by the Antitrust Division of the U.S. Department of Justice, say attorneys at Weil.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.