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Public Policy
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November 20, 2024
Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use
The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.
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November 20, 2024
USPTO Unveils Patent Fee Hikes Set To Take Effect In January
The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.
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November 20, 2024
Va. Gov. Can't Exit Carbon Trading Program, Judge Says
Virginia Gov. Glenn Youngkin's administration can't withdraw from a regional carbon emissions-trading program the Legislature ordered the state to join three years ago without first securing legislative approval, a Virginia circuit court judge ruled Wednesday.
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November 20, 2024
Judge Opens Path For Ex-Yale Student's Asylum Bid
A Connecticut federal judge has illuminated a potential path for an expelled Yale student to send his sex assault accuser's name to immigration officials, suggesting that submitting a state trial transcript would "not seem to run afoul" of a magistrate judge's ban on otherwise naming the woman.
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November 20, 2024
Mountain West Says Trans Athlete Policy Was No Secret
The Mountain West Conference has said that a motion for an emergency injunction that would force it to ban a transgender athlete from competition ahead of a volleyball tournament comes way too late and is a "manufactured" emergency, while Utah State University lodged an intervening complaint in support of banning the athlete.
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November 20, 2024
DEA Accused Of Colluding With Reform Foes In Pot Row
Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.
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November 20, 2024
Fed. Judges Still Seek New Bench Seats Amid Dems' Loss
The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.
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November 20, 2024
Fla. Couple Ask To Revive Suit Over Unclaimed Property
A Florida couple asked the Eleventh Circuit Wednesday to revive their proposed class suit against the state's chief financial officer over a law that allows officials to hold unclaimed money indefinitely, arguing that it is a taking without just compensation because the state never pays interest on the amount held.
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November 20, 2024
Apple Says DOJ Case Has Too Much Speculation To Survive
Apple's attorneys pressed a New Jersey federal judge Wednesday to toss the U.S. Department of Justice's monopolization lawsuit, asserting in oral arguments that the government is simply trying to force them to work with rivals when attacking controls imposed on iPhone app developers.
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November 20, 2024
Magnets Akin To Coins As Swallow Risk For Kids, Court Told
The attorney representing hobbyist and industry groups for magnets told the Tenth Circuit on Wednesday that the dangers of a child swallowing a single magnet aren't any different from a child ingesting other small items like a dime, in an appeal over a U.S. Consumer Product Safety Commission rule.
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November 20, 2024
DC Circ. Skeptical Of Texas AG's Bid To Revive X Probe
A D.C. Circuit panel seemed skeptical Wednesday of the Texas attorney general's claims that Media Matters lacks a valid claim to challenge the state enforcer's investigation into the media watchdog's reporting about the social media platform X, formerly Twitter, but one judge expressed uncertainty about the suit's readiness for judicial review.
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November 20, 2024
FERC Says There's No Need To Ref Mich. Grid Upgrade Fight
The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.
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November 20, 2024
Cross-Border Sales Were Unlawful Monopoly, Feds Say
Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.
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November 20, 2024
Gas Bill Challenge Finds Little Purchase With Colo. Justices
Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.
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November 20, 2024
Colo. Justices Doubtful Students' COVID Fee Suit Will Survive
Colorado's justices were skeptical Wednesday that Colorado State University students seeking fee refunds for coronavirus campus shutdowns can bring an unjust enrichment claim, with one justice saying the students' attorney is advocating for an "enormous" extension of existing law.
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November 20, 2024
Ga. Judge Cuts Claims From Jail Book Policy Challenge
A Georgia federal judge Tuesday dismissed several claims in a bookstore's lawsuit alleging a Georgia sheriff and jail commander imposed an unlawful policy of only allowing books into the county jail from authorized retailers, only keeping alive claims against the two men in their official capacities.
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November 20, 2024
En Banc DC Circ. Eyes Court Power Over FEC
The D.C. Circuit's decision to sit for its first en banc rehearing since 2021 might signal that the court is inclined to reconsider an oft-challenged precedent barring judges from second-guessing federal election regulators when they decline to take enforcement actions, experts say.
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November 20, 2024
Amid Legal Challenge, La. Hemp Law On Hold
A Louisiana law that would issue new regulation on the potency of hemp-derived intoxicants along with where they can be sold will not go into effect until the end of March, allowing time for briefing from state officials and hemp interests challenging the law.
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November 20, 2024
11th Circ. Told Everglades Project Will Reduce Water Supplies
Several Florida sugar growers urged the Eleventh Circuit Wednesday to reverse a decision allowing an Everglades flood control project to proceed, saying a lower court wrongly accepted a U.S. Army Corps of Engineers impact analysis that will result in water supply loss to the surrounding area.
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November 20, 2024
Uber, Lyft, Chicago Ignored Due Process, Banned Driver Says
A former Uber and Lyft driver has sued the platforms in Illinois federal court for deactivating her accounts over false claims she spit on a passenger, and she also sued the city of Chicago over its ordinance allowing rideshare platforms to ban drivers without notice or an opportunity to defend themselves.
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November 20, 2024
Texas Offers Up Land To Help Trump's Mass Deportation Plan
The Texas General Land Office is offering up 1,400 acres of ranch land near the U.S.-Mexico border to the incoming Trump administration to construct deportation facilities to support the president-elect's plan for mass removals.
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November 20, 2024
NJ Court Must Revisit Assessor's Workplace Retaliation Claim
A New Jersey trial court must revisit a municipal tax assessor's workplace retaliation claim as the case used by the court in its decision doesn't exempt assessors from the state's employee protection law, an appellate panel ruled Wednesday.
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November 20, 2024
Insurance Mogul Seeks Transfer To Fla. Halfway House
A billionaire businessman embroiled in a host of criminal and civil suits centered on his crumbling insurance empire wants to relocate to a halfway house in Florida as he awaits sentencing on federal bribery charges, saying restrictions at the county jail have hamstrung his ability to talk to his defense attorneys.
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November 20, 2024
Judge Keeps Emails Redacted In Apple Foe's FOIA Row
The patent office convinced a D.C. federal judge Wednesday to keep in place redacted portions of six emails detailing the agency's response to a Freedom of Information Act request from a longtime legal foe of Apple Inc. that is suing the agency to find out more about administrative decisions that wiped out a $533 million jury verdict.
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November 20, 2024
'Rip And Replace' Woes Underscored By Senate Hearing
A major industry group has again called on lawmakers to address the lack of funding needed to completely remove risky Chinese-made gear from U.S. telecommunications networks.
Expert Analysis
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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EPA's New Lead Pipe Rule Leaves Key Questions Unanswered
The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At Similarities Between SOX And SEC's Cyber Rule
Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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What To Expect Next From Federal Health Tech Regulation
Healthcare organizations should pay close attention to federal health information technology regulators' recent guidance concerning barriers to accessing electronic health information, which signals that more enforcement in this area is likely forthcoming, say attorneys at Ropes & Gray.
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In SF Water Case, Justices Signal How Loper May Be Applied
Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.