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Public Policy
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December 10, 2024
Kid Climate Activists Ask Justices To Save Twice-Nixed Case
Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.
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December 10, 2024
FCC Gives Church, Not University, Ill. Low Power FM Station
A Pentecostal church has won a face-off with a Christian university over which one of them would get to build and run a new low power FM station in the northern Chicago suburbs after the Federal Communications Commission compared their applications and heard a complaint.
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December 10, 2024
Google Takes Aim At Ad Tech Antitrust Claims In States' Suit
Google has blasted the lawsuit accusing it of illegally manipulating the advertising market, saying that Texas and the roughly dozen other states behind the litigation are "playing a shell game" in which they serially amend their complaints to "avoid the weaknesses of their antitrust claims."
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December 10, 2024
Ga. Justices Say Courts To Decide Whether Utilities Are Taxes
A Georgia trial court wrongly decided it could not judge whether a county's utility rates are a backdoor tax on property owners, the state's highest court said Tuesday, ruling that a restriction on the state Legislature's power to "regulate or fix" rates doesn't bar review by the judicial branch.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
Mich. Panel Advances Bill To Raise Med Mal Damage Caps
Michigan lawmakers could increase the state's caps on certain medical malpractice damages and lift damages caps entirely in cases of extreme misconduct under a proposal approved by a state Senate committee Tuesday.
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December 10, 2024
Utah Counties' Narrow NEPA Test Meets High Court Critics
Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.
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December 10, 2024
FinCEN Says CTA Still Constitutional In Post-Injunction Alert
The Financial Crimes Enforcement Network has alerted companies that they do not currently need to file so-called beneficial ownership information with the agency after a federal judge's nationwide preliminary injunction blocking the Corporate Transparency Act, though the bureau maintained that the law calling for such information is constitutional.
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December 10, 2024
Michigan Tribe Asks High Court To Undo Land Trust Order
A Michigan tribe is asking the Supreme Court to overturn a decision that rejected its bid to compel the federal government to take land into trust for a casino venture outside Detroit, arguing that if the ruling is left to stand, it will forever impair its ability to achieve economic self-sufficiency.
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December 10, 2024
Pa. Deputy AG, Calif. Judge Confirmed To Federal Bench
The U.S. Senate on Tuesday confirmed Keli M. Neary, an executive deputy attorney general for the state of Pennsylvania, to serve as a federal judge for the Middle District of Pennsylvania and Judge Cynthia Valenzuela Dixon for the Central District of California.
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December 10, 2024
6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections
A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.
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December 10, 2024
Trump Taps Ferguson As FTC Chief, Kressin Atty To GOP Seat
President-elect Donald Trump named current Federal Trade Commission member Andrew N. Ferguson to be its next chair Tuesday night while also picking Kressin Meador Powers LLC partner Mark Meador, a former deputy chief counsel to Sen. Mike Lee, R-Utah, to round out the FTC as its third Republican member.
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December 10, 2024
8th Circ. Remands Sexual Misconduct Removal Case
The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.
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December 10, 2024
Tribe Says Feds Cast Aside Calls For Consult On Ore. Casino
A number of Indigenous communities, along with state and federal lawmakers are calling on the federal government to take a harder look at Oregon's first proposed off-reservation casino project before its final approval, saying requests for tribal consultation on the endeavor have been ignored for more than a decade.
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December 10, 2024
FTC's Holyoak Says Chair OK With Some Cartels
Federal Trade Commissioner Melissa Holyoak said Lina Khan, the agency's current chair, is suggesting enforcers ignore anticompetitive activity if it's not being committed by what she considers "dominant firms."
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December 10, 2024
USTR To Probe Nicaragua For Labor, Human Rights Abuses
The Office of the United States Trade Representative on Tuesday said it is planning to investigate reports of labor and human rights abuses in Nicaragua, echoing concerns voiced by both President Joe Biden and President-elect Donald Trump about the country's government.
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December 10, 2024
FCC Cracks Down Again On Failures To Block Robocalls
The Federal Communications Commission will consider tougher compliance rules to ensure voice service providers take part in efforts to cut robocalls, also saying Tuesday that more than 2,400 providers could face enforcement action for failing to meet existing filing requirements.
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December 10, 2024
9th Circ. Judge Criticizes SF's 'Arbitrary' COVID Vax Mandate
A Ninth Circuit panel doubted Tuesday whether a district judge followed the appellate panel's prior order requiring him to reconsider ex-San Francisco public employees' injunction bid in their civil rights case challenging the city's COVID-19 vaccination mandate, with one judge criticizing the city's since-expired worker vax mandate as "arbitrary."
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December 10, 2024
AGs Urge FCC To Remove 'Pain' From Customer Service Calls
A coalition of state attorneys general called Tuesday for the Federal Communications Commission to take some of the "pain" out of customer service calls in FCC-regulated industries from internet and voice calls to broadcast satellite.
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December 10, 2024
Mass. Chief Justice Says Courts Must Work To Improve Trust
In an era of declining public confidence in the justice system, Massachusetts' state courts are generally held in high regard for fairness and access, yet they still have work to do, the chief justice of the state's highest court told attorneys on Tuesday.
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December 10, 2024
NJ Panel Revives Union's Suit Over Sick Leave Policies
A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.
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December 10, 2024
Fed. Circ. Overturns VA Rule On 'Special' Ambulance Rates
The Federal Circuit has vacated a U.S. Department of Veterans Affairs rule effectively reducing the rates the VA pays for "noncontract" ambulance services for disabled veterans, saying the rule exceeded the agency's statutory authority.
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December 10, 2024
Crypto Groups Rally Against Reappointing SEC's Crenshaw
Cryptocurrency industry groups are pushing back on a potential second term for U.S. Securities and Exchange Commissioner Caroline Crenshaw with an online ad campaign and letters to lawmakers ahead of a Senate Banking Committee vote Wednesday on the Democrat's confirmation.
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December 10, 2024
DHS Makes Automatic Work Permit Extensions Permanent
The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.
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December 10, 2024
NY DA Says Trump's 'President-Elect Immunity Does Not Exist'
Prosecutors told the New York state judge presiding over Donald Trump's hush money case that "president-elect immunity does not exist" and that the court could delay sentencing — or even "terminate" the case without dismissing it.
Expert Analysis
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Justices Face Tough Question On HHS Hospital Pay Formula
In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Key Healthcare Issues That Hinge On The Election Outcome
The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Crypto.com's Suit Against SEC Could Hold Major Implications
Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.