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Public Policy
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December 13, 2024
Trump Rips DA's 'Dark Dream' To Legally Treat Him As Dead
Donald Trump's attorneys Friday slammed a proposal by the Manhattan district attorney to preserve the president-elect's hush money conviction by treating him like a defendant who dies after a verdict, pushing the judge to dismiss the case altogether.
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December 13, 2024
Lawmakers Press Tech Giants As TikTok D-Day Looms
A pair of lawmakers on Friday leaned on TikTok to ensure it meets a Jan. 19 deadline to sell its operations or face a U.S. ban, while also pressing tech giants Apple and Google to be prepared to deplatform the video-sharing app if it refuses to sell.
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December 13, 2024
White House Reviewing 2nd Half Of H-1B Modernization Rule
With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.
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December 13, 2024
Minn. Senior Home's Tax Appeal Nixed For Lack Of Info
A Minnesota senior living community failed to provide a local assessor with required income and expense information related to its property tax appeal, the Minnesota Tax Court said, dismissing the case.
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December 12, 2024
Vidal Reflects On USPTO Achievements As She Leaves Office
Kathi Vidal will serve her last day as U.S. Patent and Trademark Office director on Friday and rejoin her former firm, Winston & Strawn LLP, on Monday. She talked to Law360 as she prepared her exit from the agency, with internal changes top of mind as she looked back on her tenure.
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December 12, 2024
Sens. Say Bipartisan Efforts Possible For Telecom In 2025
Key lawmakers who work on telecom policy suggested Thursday that Capitol Hill could come together in a bipartisan way next year to tackle some important issues left outstanding from the Biden era, including permitting reform to spur broadband expansion.
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December 12, 2024
Ballot Issue Group Can't Nose Into Ark. Casino Measure Suit
The ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business's casino license can't intervene in the tribal entity's challenge that looks to block the law, a federal district court judge said Thursday, arguing that it has not adequately refuted the presumption that the state can defend its rights.
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December 12, 2024
Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor
A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties.
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December 12, 2024
Electric Co-Ops Oppose Proposed FCC Customer Service Regs
The National Rural Electric Cooperative Association is adding its name to the list of those who think the Federal Communications Commission's plan to impose new rules surrounding customer service is a bad idea.
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December 12, 2024
Bitcoin Investor Gets 2 Years For Tax Fraud In Landmark Case
An investor who concealed millions of dollars he earned in bitcoin and became the first person criminally charged for failing to report gains from the sale of cryptocurrency by filing false returns was sentenced to two years in federal prison Thursday.
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December 12, 2024
Sierra Club-EPA Row Has 6th Circ. Debating Smog Data
A Sixth Circuit judge questioned Thursday whether a Sierra Club challenge over Detroit's air quality was "a debate over the science" as opposed to the law, as the group fights federal regulators' determination that air pollution in the area is under control.
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December 12, 2024
SEC Will Be GOP-Only Without Crenshaw's Vote, Groups Warn
More than 40 organizations sent a collective letter to U.S. senators in support of Democrat Caroline Crenshaw's reconfirmation to the U.S. Securities and Exchange Commission on Thursday, a day after Senate Republicans blocked a closed-door vote on her nomination.
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December 12, 2024
Texas AG Targets Instagram, Reddit Over Youth Data Security
Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.
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December 12, 2024
Mich. Judge Hesitant To Rule On $217M Dam Repair Tax
A Michigan federal judge sounded reluctant Thursday to make a decision about whether a $217 million dam repair tax assessment violated homeowners' constitutional rights before a state appellate panel rules on the homeowners' challenge to the assessment in a parallel case over properties affected by flooding from the 2020 Edenville Dam collapse.
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December 12, 2024
Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases
A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.
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December 12, 2024
NY Judge Bars Pot Regulator From Processing Retail Apps
A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.
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December 12, 2024
AT&T Exec Can't Get Bribery Acquittal After Jury Deadlocks
An Illinois federal judge on Thursday denied a former AT&T executive's bid for acquittal on charges he bribed ex-Illinois House Speaker Michael Madigan after his case resulted in a hung jury earlier this year, saying the government presented sufficient evidence of a quid pro quo.
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December 12, 2024
Feds Weigh In On High Court North Dakota Voting Dispute
Two local North Dakota Republican Party officials lack standing to claim racial gerrymandering in a dispute over the state's newly created voting subdistricts, the federal government told the U.S. Supreme Court, arguing there's undisputed evidence to conclude that federal law requires the state to establish the boundaries.
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December 12, 2024
IRS Seeks Feedback On Limits In Previous Taxed Profit Rules
The Internal Revenue Service will consider whether rules included in recently proposed guidance on previously taxed earnings and profits to limit instances where U.S. multinationals may use basis to offset gain are too restrictive, an official said Thursday.
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December 12, 2024
Immigrant Rights Groups Slam DHS 'Manifestation' Standard
Immigrant rights organizations challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the administration's latest brief confirms the updated rule goes far beyond what Congress authorized.
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December 12, 2024
Medicare Could Lose Billions From 'Patent Abuse,' Group Says
The $6 billion a year Medicare is supposed to save by negotiating drug prices under the Inflation Reduction Act is close to the billions of dollars the government could lose due to "patent abuse" by drugmakers, according to a new report by a consumer interest group.
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December 12, 2024
3rd Circ. Backs Dismissal Of Anti-Abortion Group's Suit
The Third Circuit on Thursday affirmed the dismissal of an anti-abortion pregnancy center's bid to block the enforcement of a subpoena seeking information about its donors, ruling its constitutional claims are not yet ripe.
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December 12, 2024
FDIC Must Reconsider Redactions Of Crypto 'Pause' Letters
A Washington, D.C., federal judge told the Federal Deposit Insurance Corporation on Thursday to "make more thoughtful redactions" of certain crypto-focused letters it handed over in response to a Freedom of Information Act lawsuit filed on behalf of crypto exchange Coinbase, since the regulator's heavy-handed first pass seemed to lack a "good-faith effort."
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December 12, 2024
Ryan Park Withdraws Nomination For 4th Circ. Bench
Ryan Young Park, solicitor general of North Carolina, has dropped his bid for a seat on the Fourth Circuit after it was clear he would not be getting a vote on the Senate floor.
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December 12, 2024
IRS Chief Makes Case To Restore $20B Funding Shortfall
Congress should reverse a $20 billion IRS funding gap in a year-end budget bill to help the agency modernize its technology, improve customer service and collect unpaid taxes from wealthy businesses and individuals, Internal Revenue Commissioner Daniel Werfel said Thursday.
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.