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Public Policy
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September 26, 2024
Pa. Justices Reject New Tax Hearing For Charter School
The Pennsylvania Commonwealth Court erred in sending a charter school's retroactive property tax appeal back to a county board, because the charter school had failed to exhaust statutory remedies, the state Supreme Court ruled Thursday.
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September 26, 2024
Investor Ordered To Deposit $336K In Pot Co. Contract Suit
A Nevada magistrate judge has ordered Capital Pure Assets Ltd. to deposit $336,000 with the court as part of a dispute with a cannabis payment company's subsidiary over a failed business venture, finding the subsidiary is likely to succeed on its claims that CPA tricked it into putting that amount into an escrow fund.
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September 26, 2024
Ga. Judge Halts Election Over Sapelo Island Zoning Change
A Georgia state judge pulled the plug on a special election Gullah Geechee residents of Sapelo Island initiated to try to overturn a McIntosh County zoning change that more than doubled the size of dwellings allowed in their Hogg Hummock community.
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September 26, 2024
Pa. Justices Say COVID Closures Aren't Covered Losses
Pennsylvania's Supreme Court shut the door Thursday on COVID-19 pandemic loss insurance coverage for businesses closed by government mandate, ruling that requisite physical loss or damage required tangible alteration to property, reversing a lower court decision that stated loss of use was sufficient.
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September 26, 2024
Senate Patent Bill Markups Delayed Until After Election
Congressional hearings scheduled for Thursday to mark up several bills related to patents, including measures dealing with patent eligibility, validity challenges and drug patents, have been postponed until after Election Day due to the Senate's adjournment.
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September 26, 2024
NY Lawmakers Beat ADA Suit Over Contentious Mask Ban
A New York federal judge threw out a challenge to Nassau County's ban on face masks worn by people trying to hide their identities in public, noting in an order Wednesday the plaintiffs lack standing since the ban doesn't apply to coverings worn to protect the wearer's health and safety.
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September 26, 2024
US Census, Osage Nation Sign Info Sharing Agreement
The U.S. Census Bureau and the Osage Nation signed an agreement to share the federally recognized Oklahoma tribe's aggregated administrative data in an effort to provide a more accurate picture of Indian Country and its needs.
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September 26, 2024
Tariff Tax Base Too Small To Replace Income Tax, Report Says
Higher tariffs can't replace income tax revenue, as former President Donald Trump has suggested, since U.S. imports total $3 trillion annually while incomes top $20 trillion, but they would lower incomes by raising prices for U.S. consumers, a think tank reported Thursday.
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September 26, 2024
Pa. Justices Say State Lawmakers Can't Impeach Philly DA
The clock ran out for the Pennsylvania Senate's planned trial on the impeachment of Philadelphia District Attorney Larry Krasner, the state's highest court ruled in an opinion published Thursday.
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September 26, 2024
Healthcare Atty Rejoins Polsinelli After Foley Hoag Stint
Polsinelli PC announced on Wednesday that a doctor and former healthcare policy attorney who spent 11 years during a previous stint with the firm has returned to its Washington, D.C., office as a public policy shareholder.
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September 26, 2024
Meet The Quinn Emanuel Atty Defending NYC Mayor Adams
Embattled New York City Mayor Eric Adams has tapped Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro to defend him against campaign fraud and bribery charges, putting his fate in the hands of a hotshot attorney known for celebrity clients and courtroom miracles.
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September 26, 2024
Harris' And Trump's Tax Plans Each Add To Deficit, Study Says
The U.S. federal deficit would grow by at least $2 trillion over the next decade from the tax policy plans of both major parties' candidates, former President Donald Trump and Vice President Kamala Harris, researchers said Thursday.
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September 26, 2024
NY Appeals Court Casts Doubt On $489M Trump Judgment
Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.
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September 26, 2024
GOP Senator Blocks Fast-Tracking Of DC Judges
A Republican senator has blocked the fast-tracking confirmation of two nominees to become Washington, D.C., judges, even though former President Donald Trump previously nominated them.
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September 26, 2024
Senate Recesses Without Votes On Biden NLRB Nominees
The Senate left Washington, D.C., on Wednesday night without plans to return before the November election, leaving two nominees key to the partisan balance on the National Labor Relations Board facing uncertain futures in the chamber.
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September 26, 2024
Adams Accused Of 'Grave' Public Deceit As Feds Unveil Case
New York City Mayor Eric Adams was charged in an indictment unsealed in Manhattan federal court Thursday with corrupting his office and defrauding the public by accepting foreign campaign contributions in exchange for favorable treatment.
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September 25, 2024
DoorDash, Uber Eats, Grubhub Win NYC Diner Data Law Row
A New York federal judge on Tuesday granted DoorDash Inc. and other food delivery app companies a win in their lawsuit challenging a New York City law requiring delivery services to provide restaurants with certain customer info, ruling that the law is unconstitutional.
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September 25, 2024
8th Circ. Told Student Debt Relief Should Remain Blocked
Seven Republican-led states are asking the Eighth Circuit to finalize its court order blocking the Biden administration from implementing its second attempt at student loan forgiveness, accusing the White House of "hiding the ball" on the true cost of the plan.
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September 25, 2024
NYC Mayor Adams Vows To Fight Looming Federal Charges
New York City Mayor Eric Adams said Wednesday that he believed "the federal government intends to charge" him with crimes following an investigation by Manhattan prosecutors into an alleged scheme to funnel illegal donations from the Turkish government into his 2021 campaign.
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September 25, 2024
Google 'Less Expensive' Than Ad Tech Rivals, Economist Says
A Yale economist told a Virginia federal judge Wednesday that the Justice Department's estimates of how much Google allegedly bilked website publishers using its online advertising placement technology don't add up.
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September 25, 2024
Basel Edits 'Encouraging' But Incomplete, Republicans Say
House Republicans signaled at a Wednesday hearing that they want further softening of federal banking regulators' so-called Basel III endgame proposal for tougher big-bank capital requirements, casting recently floated potential changes as insufficient to ensure the plans won't pose an economic threat.
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September 25, 2024
8th Circ. Probes Lawmakers' Intent In FCC Anti-Redlining Rule
Eighth Circuit judges on Wednesday dissected exactly how far Congress wanted the Federal Communications Commission to go when carrying out a tightly drafted provision to prevent digital discrimination in the thousand-page infrastructure law three years ago.
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September 25, 2024
4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice
A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.
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September 25, 2024
Cherokee Nation Asks Court To Reject Descendant Rehearing
The Cherokee Nation has asked a D.C. federal judge to deny a request by a descendant of persons of African descent, who were once enslaved by the tribe, for a rehearing after the court threw out her bid for $90 million in damages.
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September 25, 2024
Senate Bill Wants CBP To Share More On Counterfeit Products
A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise."
Expert Analysis
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Opinion
Law Firm Reactions To Campus Protests May Chill DEI Efforts
Law firm decisions to rescind or withhold job offers based on candidates' pro-Palestine activism could negatively affect diversity, equity and inclusion efforts in the legal profession, compounding existing hiring and retention challenges, say Noor Shater at Penn Carey Law School, and Peter Farah and Jalal Shehadeh at the Palestinian American Bar Association.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Ruling On Foreign Dividend Break Offers 2 Tax Court Insights
In Varian v. Commissioner, the U.S. Tax Court allowed a taxpayer's deduction for dividends from foreign subsidiaries, providing clarity on how the U.S. Supreme Court’s Loper Bright decision may affect challenges to Treasury regulations, and revealing a potential disallowance of foreign tax credits, say attorneys at Davis Polk.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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USPTO Guidance Suggests 2 Strategies For AI Inventions
Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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4 Takeaways From The FDIC's Proposed Recordkeeping Rule
The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Navigating Restrictions Following Biotech Bill House Passage
Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Presidents And Precedents May Direct Khan's Future Course
While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.