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Public Policy
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January 30, 2025
Ex-FCC Member Wants Stiffer Penalties For Broadband Sabotage
There's a broadband equipment vandalism problem that no one is doing much about, a Republican former Federal Communications Commission member said in a new opinion piece, arguing that "certain criminal elements" view the theft as a path to "fast cash."
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January 30, 2025
5th Circ. Says 18-Year-Olds Can Buy Handguns
The Fifth Circuit found a law banning Americans under 21 years old from buying handguns was unconstitutional, saying in a Thursday opinion the law doesn't have any kind of historical analogs that would pass a Second Amendment smell test.
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January 30, 2025
Texas Panel Asks If Late Votes Should Decide Judge's Election
A Texas appellate panel asked what it was supposed to do with voters who wrote that they lived outside the county in deciding the last remaining challenge to the county's 2022 election results, saying during oral arguments Thursday that voters' own assertions seemed convincing.
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January 30, 2025
House Rep. Introduces Bill To Create New Piracy Sites Laws
Democratic Rep. Zoe Lofgren, who represents Silicon Valley in the U.S. House of Representatives, introduced a bill that seeks to create new site-blocking laws that require U.S. internet service providers to make "a good faith effort" to disable access to pirate websites and seek relief in federal court.
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January 30, 2025
Advocates Warn Of Abuses In Detaining Migrants At Guantánamo
Civil and immigrant rights advocates said Thursday that the Trump administration's proposed use of Naval Station Guantánamo Bay to detain unauthorized immigrants raises a host of legal concerns, including the potential for due process and human rights violations.
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January 30, 2025
FERC Says Pacific NW Pipeline Approval Was By The Book
The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.
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January 30, 2025
Ex-Rabobank Exec Asks Justices To Hear 9th Circ. OCC Fight
A former Rabobank compliance chief who wants to clear her name after a now-abandoned Office of the Comptroller of the Currency enforcement action has asked the U.S. Supreme Court to take up her case following the Ninth Circuit's dismissal of her appeal for lack of standing.
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January 30, 2025
Hotel Guests Get Backing For Algorithmic Pricing Suit
Hotel guests accusing a group of Atlantic City properties of using shared software to fix room rates are getting a helping hand in their Third Circuit fight to revive their suit from antimonopoly interest groups, who filed in separate amicus briefs in support of their effort this week.
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January 30, 2025
Chicago Orgs. Drop Bid For Court Order After Raids
Chicago nonprofits who pushed to prevent the Trump administration from carrying out immigration enforcement actions in the Windy City withdrew a motion for an emergency court order after they took place over the weekend.
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January 30, 2025
Sheriffs Raise Concern About New FCC Prison Phone Caps
A sheriffs' group brought concerns to the Federal Communications Commission about recently adopted caps on prison phone rates, saying the exclusion of certain cost categories would lead to less access to services for the incarcerated.
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January 30, 2025
DC Circ. Weighs Mootness In DOD's Time-In-Service Appeal
A D.C. Circuit panel on Thursday wrestled with mootness in the federal government's appeal of a ruling that blocked the U.S. Department of Defense from setting service duration requirements for noncitizen soldiers to become citizens, questioning whether the 2021 recission of the policy leaves anything to rule on.
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January 30, 2025
Wash. Court Rejects Palestinian Patient's Verdict Bias Appeal
A Washington state appeals court said Thursday it would not touch a doctor's win in a medical malpractice trial, rejecting arguments from the Palestinian plaintiff that the jury's verdict was tainted by racial bias, while further clarifying the benchmark for judges to make such a determination.
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January 30, 2025
Buddhist Temple Urges Halt To Army Corps' Everglades Plan
A Buddhist temple on Thursday urged a Florida federal court to temporarily halt a U.S. Army Corps of Engineers' restoration project in the Everglades set to begin next week, saying the impacts of construction will deter visitors to the temple and disrupt its First Amendment right to religious freedom.
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January 30, 2025
Colo. Panel Says Atty Errors May Sink Contempt Sanctions
In a precedential ruling Thursday, a Colorado Court of Appeals panel determined that a party facing a contempt sanction may bring a motion to reconsider premised on challenging the effectiveness of their legal representation.
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January 30, 2025
Peruvians Tell High Court Smelter Lawsuit Should Proceed
Peruvian nationals suing U.S. billionaire Ira Rennert's The Renco Group Inc. for allegedly poisoning them with toxic chemicals from a smelting and refining complex in a rural part of the country are asking the U.S. Supreme Court to let their litigation move forward.
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January 30, 2025
1st Circ. Restores Endangered Whale's Cape Cod Protections
The First Circuit on Thursday upheld the National Marine Fisheries Service's decision to seasonally ban some lobster and crab fishing equipment near Cape Cod in order to protect endangered North Atlantic right whales.
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January 30, 2025
Senate Bill Requiring AM Radio In Cars Is Back Again
Almost half the Senate has signed on to co-sponsor a bill that would block automakers from removing AM radios from the cars they produce, with the reintroduced AM Radio for Every Vehicle Act already set for a committee hearing early next month.
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January 30, 2025
Tribe's Alaskan Burial Site Dispute Paused During Talks
An Alaska federal court has agreed to pause a tribe's suit against state entities and the Federal Aviation Administration over excavations of archaeological artifacts and ancestral remains found during construction of an airport runway as the parties talk about resolving the dispute without further litigation.
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January 30, 2025
Amazon Can't Lob 'Hail Mary' In Price-Gouging Suit, AG Says
Washington's attorney general said Wednesday that Amazon can't dodge a proposed class action alleging price-gouging during the COVID-19 pandemic, telling a federal judge that a pivotal state high court ruling in the case was clear on how Washington law allows the consumers to sue.
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January 30, 2025
Patel Pledges Independent FBI Amid Heavy Dem Skepticism
President Donald Trump's nominee to lead the FBI, Kash Patel, a Trump loyalist, during a hearing Thursday attempted to convince Democratic senators that he would be guided by independence if confirmed and deflected when asked about his past controversial statements.
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
FCC Hunting For Ads On NPR, PBS Local Stations
The newly installed head of the Federal Communications Commission says he plans to investigate whether local NPR and PBS stations are using underwriting spots to air commercial advertising.
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January 30, 2025
Energy Co. Takes Aim At FERC Enforcement Powers
A North Carolina-based energy efficiency aggregator is challenging the constitutionality of the Federal Energy Regulatory Commission's authority to investigate it and order it to explain why it should not face nearly $1 billion in penalties for disputed market manipulation and tariff violation allegations.
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January 30, 2025
Attys Argue For Family's Parole After CBP One Shutdown
Attorneys told a D.C. federal judge Wednesday that the Trump administration has offered no basis for believing that a single mother and her two children would pose a threat to public safety if allowed into the country to apply for asylum.
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January 30, 2025
Agency In NJ Town Loses Retrial Bid In $26M Land-Taking Fight
A New Jersey federal judge has denied a redevelopment agency's bid for a new trial in a land-taking battle after a jury determined it should pay $25.6 million for a 22-acre former Michelin Tire & Rubber Co. factory, ruling that it failed to meet the high bar set to overturn a verdict.
Expert Analysis
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Key Rulings On Sentencing Guidelines After Loper Bright
The U.S. Supreme Court's landmark decision in Loper Bright v. Raimondo raised questions as to when and whether courts should defer to the U.S. Sentencing Guidelines' commentary in disputes over the guidelines' meaning — but some recent appellate court rulings provide insights for defense counsel in this area, say attorneys at Foley & Lardner.