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Public Policy
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August 13, 2024
Youth Plead To Save Constitutional Climate Lawsuit
Youth plaintiffs on Monday defended their right to continue their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests.
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August 13, 2024
Mich. County Will Pay $7M To End Deadly Jail Beating Suit
A Michigan federal judge on Tuesday approved a $7 million settlement to end claims that Wayne County was responsible for the death of a man beaten by his cellmate on his first night in jail last year.
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August 13, 2024
Ruling On Reservation Shooting Can't Be Delayed, Feds Say
The U.S. government wants an Arizona federal court to deny a discovery bid by the family of a Tohono O'odham Nation man that seeks the names of the Border Patrol agents who discharged the weapons that killed him, saying the dispute shouldn't hold its motion to dismiss the lawsuit in abeyance.
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August 13, 2024
Wash. Social Media Ban Violates Workers' Free Speech
The Washington State Court of Appeals has said a state law barring injured workers from posting videos of their state workers' compensation medical exams on social media is an unconstitutional violation of free speech rights.
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August 13, 2024
Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told
Internet service providers urged the Sixth Circuit to deep-six the Federal Communications Commission's recent decision to reclassify broadband as a telecommunications service and impose net neutrality rules, saying Congress never intended that change even under the broadest reading of federal law.
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August 13, 2024
FirstEnergy Makes Nonprosecution Deal To End Ohio AG Probe
FirstEnergy said Tuesday that it has secured a nonprosecution agreement with Ohio's attorney general stemming from an alleged $1 billion bribery scandal involving the former speaker of the Ohio House of Representatives, with both parties touting the utility company's remediation and compliance improvements.
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August 13, 2024
New Jersey Panel Deems Record Access Dispute Info Public
The state agency created to make public records easily accessible to New Jerseyans is wrongfully keeping documents submitted in public records disputes under wraps, a state appellate panel said in a published opinion.
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August 13, 2024
Telecoms Fret Over FCC's Pole Attachment Deadlines
Negotiating big pole attachment orders can take longer than the Federal Communications Commission might sometimes like, a telecom industry trade group says, warning the agency that a regulation requiring the first of 3,000 such attachments to be ready in 45 days isn't realistic.
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August 13, 2024
Partnerships' Easement Fight Ends As Gov't Drops IRS Notice
An Alabama federal judge dismissed a complaint by dozens of partnerships claiming they shouldn't have to comply with an IRS notice regarding conservation easement transactions, following an Eleventh Circuit ruling upholding the notice as invalid and the government's agreement not to enforce it.
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August 13, 2024
NC Lawmakers Ask 4th Circ. To Restore Abortion Drug Limits
North Carolina Republican lawmakers want the Fourth Circuit to reinstate restrictions on the abortion drug mifepristone, telling the court the new rules concerning the medication are not preempted by U.S. Food and Drug Administration regulations.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California 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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August 13, 2024
Shipping Co.'s Cleaning Services Taxable, Wash. Court Affirms
A Washington state court properly denied a shipping company's request for a refund of sales tax paid on cleaning services for its shipping containers because the containers weren't integral to the ships' use, a state appellate court affirmed.
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August 13, 2024
Developing Countries Defend 3-Year Deadline For UN Tax Pact
Three years is enough time to finish writing a United Nations framework convention on international tax cooperation, Brazil, India, Nigeria and other developing countries said Tuesday in defense of a proposed timeline that was criticized by Canada, the U.S. and France.
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August 13, 2024
DC Circ. Backs EPA's Ethylene Oxide Cancer Risk Value
The D.C. Circuit on Tuesday upheld federal environmental regulators' assessment of the cancer risk from exposure to certain chemical manufacturers' ethylene oxide emissions, rejecting a challenge from a chemical company and two chemical associations that argued the risk assessment was arbitrary and capricious.
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August 13, 2024
NLRB Prosecutors, Mich. AG Ink Labor Enforcement Pact
National Labor Relations Board prosecutors have teamed up with the Michigan Department of Attorney General to root out misclassification and other violations of workers' rights in the agency's first collaboration with a state attorney general, the board announced Tuesday.
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August 13, 2024
Ex-Prosecutors Back Willis In Trump's Appeal Of DQ Ruling
Former federal prosecutors and others have thrown their support behind the State of Georgia, arguing that a trial court was right to let Fulton County District Attorney Fani T. Willis continue prosecuting former President Donald Trump and others after a former outside counsel with whom she had a relationship resigned.
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August 13, 2024
DOJ Says Law Bars All River Structures In Texas Buoy Row
The Biden administration criticized Texas' "cribbed reading" of the Rivers and Harbors Act in its suit to make Texas remove a border barrier in the Rio Grande, saying the law bars all unauthorized structures in the river — even those that haven't been built yet.
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August 13, 2024
3 International Trade Cases To Watch: Midyear Report
The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.
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August 13, 2024
Eversource Hit With $450M Suit Over Fatal Gas Explosion
The family of a Massachusetts man who died in a 2021 natural gas explosion caused by a corroded and leaking pipe says utility provider Eversource put profits ahead of public safety, according to a wrongful death suit filed Tuesday that seeks $450 million in damages.
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August 13, 2024
EPA Defends Approval Of La. Injection Well Authority
The U.S. Environmental Protection Agency on Monday urged the Fifth Circuit to dismiss a lawsuit by green groups challenging the EPA's decision to give Louisiana authority over some underground injection wells, which can be used for carbon capture and sequestration.
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August 13, 2024
The Top Immigration Cases Of 2024 So Far
The U.S. Supreme Court handed down 2024’s biggest immigration rulings so far, including greenlighting a two-step removal notice scheme, barring U.S. citizens from challenging spousal visa denials and opening up hardship determinations to judicial review. Here, Law360 looks back at the year's four most consequential court decisions for immigration.
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August 13, 2024
Ex-Rep. Santos Warned Not To Hide Evidence As Trial Nears
A New York federal judge cautioned former U.S. Rep. George Santos on Tuesday that failing to turn over discovery could box in his defense to allegations of campaign finance fraud and other criminal charges at a trial set to begin next month.
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August 13, 2024
Connecticut Justices Restore City's Lien On Burned Building
The city of Hartford can place a lien on an apartment building that was heavily damaged in an arson fire to make sure that it recoups the funds that paid for 39 families to relocate, the Connecticut Supreme Court ruled in overturning a trial court's decision to discharge the lien.
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August 13, 2024
North Dakota Officials OK Pot Legalization Ballot Measure
North Dakota voters will have another opportunity to legalize adult-use marijuana on Election Day this November after state officials said that reformers had submitted enough signatures to qualify the question for the ballot.
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August 12, 2024
RFK Jr.'s 'Sham' Address Keeps Him Off NY Ballot, Court Says
Robert F. Kennedy Jr.'s petition to appear as an independent presidential candidate on New York's ballot is invalid because he claimed a false address, an Albany judge ruled Monday, calling it a "sham" address that he used to maintain his voter registration in the state.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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FTC Focus: Private Equity Investments In Healthcare
As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Examining Chancery's Relaxed New Confidential Filing Rules
The Delaware Court of Chancery’s overhauled Rule 5.1, which governs confidential filings, risks permitting nonconfidential information to be shielded from public review unless and until a challenge notice is filed — but several potential solutions could help to override this issue, says Delaware attorney Daniel J. McBride.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.