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Public Policy
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January 08, 2025
Wash. Justices To Review Airline Worker's COVID Comp. Case
The Washington State Supreme Court has agreed to review whether an allegedly botched jury instruction dooms an Alaska Airlines flight attendant's COVID-19 workers' compensation win, after a split lower appeals court upended the jury's verdict.
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January 08, 2025
NY Fed Beats Puerto Rico Bank's Suit Over Master Account
A New York federal judge on Wednesday tossed without prejudice a Puerto Rico bank's suit that sought to block the closure of its Federal Reserve master account, finding the New York Fed's interpretation of the Federal Reserve Act was correct and that the bank does not have a statutory right to a master account.
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January 08, 2025
Mich. Utility Tells DC Circ. It Can Challenge FERC Decision
A Michigan transmission owner has told the D.C. Circuit that the Federal Energy Regulatory Commission's challenge of its ability to protest the agency's refusal to grant it sole ownership of grid updates needed to serve a Michigan solar farm is "meritless."
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January 08, 2025
DOI's Arctic Refuge Oil Lease Sale Yields No Bidders
The U.S. Department of the Interior reported Wednesday that it has received no bids from companies to drill for oil and gas in Alaska's Arctic National Wildlife Refuge.
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January 08, 2025
Biden Issues New Guidance On Missile Tech Exports
President Joe Biden has issued new missile technology export guidance to allow more flexibility in reviewing transfers of certain military missiles, drones and space launch vehicles typically subject to strict export controls, the White House has announced.
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January 08, 2025
USTR Warns Of Risks Posed By Counterfeit Pharmacies
The Office of the U.S. Trade Representative on Wednesday released its latest list of overseas "notorious markets" selling illicit and counterfeit goods, pointing in particular to a boom in counterfeit online pharmacies selling knock-off medications that pose a risk both to public health and businesses' intellectual property interests.
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January 08, 2025
Khan Acknowledges 'Open Question' On Trump Antitrust Plan
Outgoing Federal Trade Commission Chair Lina M. Khan argued Wednesday that the Biden administration's aggressive antitrust enforcement has scored real wins, even as she expressed mixed optimism in remarks about that legacy as Donald Trump retakes the White House.
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January 08, 2025
Pension Plan Official's Estate Excused From Danish Tax Suit
A New York federal court approved Wednesday an agreement for Denmark's tax authority to settle its claims against the estate of a pension plan official whose plan allegedly defrauded the agency out of $9 million.
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January 08, 2025
Warren Urges DOD Chief Nom. To Address 'Serious Concerns'
Sen. Elizabeth Warren, D-Mass., urged defense secretary nominee Pete Hegseth to answer dozens of questions about his history ahead of his upcoming nomination hearing, citing "serious concerns" regarding issues such as allegations of sexual assault and mismanagement of veterans' organizations.
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January 08, 2025
Texas Station Faces $369K Fine For Emergency Alert Failures
A local Texas television station is under fire from the Federal Communications Commission for failing to run proper nationwide emergency tests in three separate years, according to a new forfeiture notice from the agency.
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January 08, 2025
ATF Says Loophole Rule Passes 2nd Amendment Smell Test
The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.
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January 08, 2025
Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told
The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.
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January 08, 2025
Judge Reverses His Own Ruling In Chicago Hotel Zoning Fight
An Illinois federal judge ruled against the owners of a historic Chicago hotel Tuesday, dialing back an earlier victory he had granted them last year in a zoning suit against the city.
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January 08, 2025
Epic Gets Backing For Google App Store Changes
Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.
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January 08, 2025
Final Treasury Regs Grow Low-Income Bonus Energy Credits
New hydropower, nuclear, solar, geothermal and other nonpolluting energy facilities developed in areas designated as low-income communities are eligible for bonus investment tax credits under final regulations the U.S. Treasury Department unveiled Wednesday.
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January 08, 2025
CFPB Hit With Industry Suit Over Medical Debt Reporting Rule
A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.
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January 08, 2025
Madigan Denies Extorting Developers For Law Firm Business
Ex-Illinois House Speaker Michael Madigan testified Wednesday that he never wanted a Chicago alderman to leverage his chairmanship of a powerful city council committee to steer business to Madigan's law firm, saying he merely asked for introductions to developers and felt "surprise and concern" when the alderman referenced a quid pro quo deal.
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January 08, 2025
IRS Updates Guidance For Taxes In Employment Disputes
The Internal Revenue Service updated guidance Wednesday related to disputes over whether individuals are considered employees for employment tax purposes as well as clarified situations in which an employer can remit unpaid taxes at reduced rates in cases where the employer treated an employee as a nonemployee.
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January 08, 2025
T-Mobile-UScellular Deal Won't Hurt Wireless Market, FCC Told
T-Mobile's $4.4 billion plan to buy spectrum and lease cell towers from UScellular appears likely to benefit consumers, a free-market think tank told the Federal Communications Commission as public interest groups continue to fight the deal.
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January 08, 2025
Indiana Lawmakers File Medical Pot, Decriminalization Bills
Indiana lawmakers this week filed bills to decriminalize possession of small amounts of marijuana and to legalize medical marijuana and create a regulatory regime to oversee its cultivation and sale.
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January 08, 2025
DOI Reveals No Bids In Alaska Oil, Gas Lease Sale
The U.S. Department of the Interior revealed Wednesday that it received no bids in response to the Arctic National Wildlife Refuge oil and gas lease sale, just days after Alaska accused the agency of imposing too severe restrictions on development.
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January 08, 2025
Feds Fight Bid To Extend Detention Conditions Settlement
The U.S. government urged a California federal judge to let a settlement governing its custody of detained immigrant children to expire at the end of January and reject human rights groups' bid to extend it.
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January 08, 2025
Feds Ask To Release Report On Trump's DC Case, But Not Fla.
Special counsel Jack Smith asked the Eleventh Circuit on Wednesday to deny Donald Trump's request to block the publication of a report on the now-abandoned federal election-meddling case against the president-elect in D.C. federal court, but said the Justice Department will hold off on releasing a report regarding the classified-documents case in Florida, where two co-defendants remain under indictment.
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January 08, 2025
Calif. Tribe Has Standing To Block Casino Project, Court Told
A California tribe says it has constitutional standing to block the Interior Department from taking land into trust for a proposed casino project on its historic homelands, arguing that it suffered actual and concrete harm when the agency determined that no historic resources would be affected by the endeavor.
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January 08, 2025
Trump Electors May Have To Face Civil Suit, Mich. Panel Hints
A Michigan state appeals court seemed hesitant Wednesday to extend a freeze in a civil lawsuit against Republican electors criminally accused of participating in then-President Donald Trump's alleged efforts to change the outcome of the 2020 election, citing deference to the trial judge's decision to press on.
Expert Analysis
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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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.