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Public Policy
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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.
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November 27, 2024
Texas Backs Off Title X Suit On Contraceptives To Minors
Federal health officials are no longer enforcing a rule in Texas that tied funding to contraceptive access for minors, Texas officials told a court Tuesday as it asked to dismiss a suit it had filed against the U.S. Department of Health and Human Services.
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November 27, 2024
Judge Says City Can't Block Washington Tribe's ER Shelter
A federal judge on Wednesday granted a Washington tribe's bid to block the city of Toppenish from preventing it from operating a 24-hour emergency cold weather shelter, saying upcoming freezing weather would cause irreparable harm and warrants the service.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
FCC Refers T-Mobile, UScellular Deal To Team Telecom
The Federal Communications Commission has referred T-Mobile's anticipated $4.4 billion purchase of wireless operations from United States Cellular Corp. to the committee that vets foreign investment in the U.S. telecom market.
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November 27, 2024
NC Tribe Demands Apology Over Senator's Floor Remarks
A North Carolina tribe is demanding an apology from one of the state's U.S. senators, who they say recently launched "an emotional tirade" on the Senate floor, targeting hundreds of tribal leaders and organizations with baseless accusations in a bid to push a bill through to federally recognize the Lumbee Tribe.
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November 27, 2024
CFPB Fights Student Loan Servicer's Bid To Pause Deal
The Consumer Financial Protection Bureau has told a Pennsylvania federal court that student loan servicer Pennsylvania Higher Education Assistance Agency shouldn't get to pause its work fulfilling a settlement just because a third party had appealed a separate deal with the loan holders.
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November 27, 2024
Atty Censured For Posts Criticizing Town Council Clients
A Colorado attorney has been publicly censured for taking to social media to criticize a town council that hired him to conduct an investigation, according to a disciplinary opinion that said the lawyer betrayed the confidence of his former clients by disclosing information he learned during the investigation.
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November 27, 2024
Illinois Top Court Will Decide Fate Of $7B Power Line Permit
The Illinois Supreme Court has agreed to review a lower court's decision striking state utility regulators' approval to build part of the $7 billion Grain Belt Express high-voltage transmission line.
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November 27, 2024
5th Circ. Reverses Treasury's Block Of Crypto Mixer
The Fifth Circuit has rejected the government's blacklisting of Tornado Cash for "its role in laundering virtual currency for malicious cyber actors," saying the cryptocurrency service's immutable smart contracts, or lines of privacy-enabling software code, are not "property" and are therefore unownable and cannot be blocked under the International Emergency Economic Powers Act.
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November 27, 2024
Amid Claims Of Bias, DEA To Kick Off Historic Pot Hearing
The Drug Enforcement Administration's administrative law tribunal will hold a preliminary hearing Monday on the U.S. Department of Justice's proposal to relax restrictions on marijuana, kicking off a historic process that has already been marked by allegations of agency bias.
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November 27, 2024
Menendez Says Evidence Error Means Automatic New Trial
Former Sen. Bob Menendez told a federal judge Wednesday that it's "unavoidable" that he is owed a new trial after prosecutors' recent admission that they gave jurors evidence that had been excluded.
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November 27, 2024
FCC Warns Some ISPs Still Advertising Internet Subsidy
Some internet service providers are still advertising discounts on service through the Affordable Connectivity Program even though it ended in June, the Federal Communications Commission has warned consumers.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Data Cos. Lose Challenge To NJ Judicial Privacy Law
A federal judge has ruled that the New Jersey judicial privacy and security measure known as Daniel's Law is constitutional, handing a defeat to a large group of data brokers accused of illegally posting judges' names and addresses online.
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November 27, 2024
Calif. Law Means FERC Must Yank Grid Perk, 9th Circ. Told
California officials and several municipal utilities have backed the Federal Energy Regulatory Commission's revocation of a grid incentive for Pacific Gas & Electric Co. for voluntarily belonging to a regional transmission organization, telling the Ninth Circuit that FERC is properly following state law.
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November 27, 2024
Insurer To Pay Conn. City $1M For Stolen COVID Funds
The insurer for the city of West Haven, Connecticut, will pay more than $1 million to offset losses caused by the theft of federal COVID-19 relief funds by a former state representative and city employee, according to a press release.
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November 27, 2024
Neb. Judge Rejects Challenge To Medical Pot Legalization
Efforts to upend ballot measures that legalized medical marijuana in Nebraska have failed, after a Nebraska state judge ruled the secretary of state couldn't show in his challenge that a considerable number of signatures to qualify for the ballot were invalid.
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November 27, 2024
North Carolina Federal Judge Whitney To Take Senior Status
U.S. District Judge Frank DeArmon Whitney will take senior status in the Western District of North Carolina on Sunday.
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November 27, 2024
EPA Mercury Rule Is Fatally Flawed, DC Circ. Told
Republican-led states and fossil fuel industry groups fired back at the U.S. Environmental Protection Agency's recent defense of its rule strengthening standards for mercury and other toxic air emissions at power plants, telling the D.C. Circuit the agency misinterpreted the Clean Air Act's pollution reduction goals.
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November 27, 2024
EPA Asks DC Circ. To Keep Emissions Rules In Place
The U.S. Environmental Protection Agency is defending its strict new emissions limits for cars, trucks and vans against a legal challenge from red states and industry groups, telling the D.C. Circuit that the Clean Air Act grants federal regulators authority over both gas-powered and electric vehicles.
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November 27, 2024
Alcohol Council Says Trump Tariffs May Harm US Consumers
The Distilled Spirits Council of the United States expressed concern over President-elect Donald Trump's plans to impose tariffs on Canada and Mexico, two of its largest trading partners, ultimately hurting the American consumer.
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November 27, 2024
Myman Greenspan Accused Of Wrongfully Firing Assistant
Motion picture and television law firm Myman Greenspan Fox Rosenberg Mobasser Younger & Light LLP used a "transparent pretext" to illegally fire an assistant who had a health condition and was over the age of 50, according to a suit alleging wrongful termination in California state court.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
Expert Analysis
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What FDIC Expansion Of Change In Bank Control Could Mean
A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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What's Inside Feds' Latest Bank Merger Review Proposals
Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q3
With the implementation of H.B. 989, the third quarter of 2024 has been transformative for banking law and regulation in Florida, and this new law places a strong emphasis on fair access to banking, and prohibits ideologically or politically motivated decisions by financial institutions, says Sha’Ron James at Gunster.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.