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Public Policy
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December 18, 2024
FTC Wants Express Scripts' Defamation Suit Tossed
The Federal Trade Commission told a Missouri federal court that Express Scripts Inc. has no basis to challenge an interim agency report that only offered "qualified conclusions" from an ongoing study about how pharmacy benefit managers affect prescription drug prices.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
NC Lt. Gov. Wants Defamation Suit Kicked Back To State Court
North Carolina Lt. Gov. Mark Robinson has urged a federal judge to return his defamation suit against CNN to state court, arguing that his claims against the network are tied to those against a former porn store clerk such that the lower trial court is better suited to hear the case.
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December 18, 2024
EPA Greenlights California's Race To 100% ZEVs By 2035
The U.S. Environmental Protection Agency on Wednesday authorized California's plan to require that all new light cars and trucks sold in the state be zero-emission vehicles by 2035, a move that was instantly slammed by the fossil fuel industry.
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December 18, 2024
Congress Passes $3B Funding For FCC's 'Rip And Replace'
The U.S. Senate cleared legislation Wednesday to fully fund the Federal Communications Commission's "rip and replace" telecom security program to the tune of $3.08 billion as part of a sweeping defense spending authorization.
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December 18, 2024
Cherokee Chief Urges Senate To Block Federal Recognition Bill
The Eastern Band of Cherokee Indians' principal chief is urging the U.S. Senate to reject legislation that would give federal recognition to a fellow North Carolina tribe, arguing that allowing the bill's passage would undermine the process to ensure that the decision is based on evidence and not politics.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 18, 2024
RJ Reynolds Asks Justices To Toss Forum Shopping Argument
R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.
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December 18, 2024
Senate Sends $895B Defense Bill To Biden's Desk
The U.S. Senate on Wednesday easily passed an $895.2 billion defense policy and budget bill for 2025, despite criticism over a contentious clause effectively barring gender-affirming healthcare coverage for service members' transgender children.
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December 18, 2024
Justices' Homes Would Get Security Funds Under Resolution
More than $25 million to fund security upgrades to U.S. Supreme Court justices' homes is included in a stopgap measure to fund federal agencies through mid-March — a proposed allocation that comes two years after the arrest of an armed man outside the home of Justice Brett Kavanaugh.
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December 18, 2024
Connecticut AG Gets Remand Of 'Forever Chemicals' Suit
A Connecticut federal judge has shipped one of the state's PFAS "forever chemicals" lawsuits back to state court, siding with the state attorney general's argument that the case targeted pollution from consumer products and civilian industrial sources that were not "inextricably commingled" with chemicals produced to military specifications.
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December 18, 2024
Raskin Elected To Head House Judiciary Dems
Rep. Jamie Raskin, D-Md., was unanimously elected to lead the Democrats on the House Judiciary Committee in the next Congress, it was announced on Wednesday.
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December 18, 2024
Cuneo Gilbert & LaDuca Taps Ex-DOJ Official As Policy Chair
Cuneo Gilbert & LaDuca LLP has hired a former senior U.S. Department of Justice official and Capitol Hill pro as the leader of its newly formed public policy and legislative affairs practice.
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December 18, 2024
Mont. High Court Cements Right To 'Stable Climate System'
The Montana Supreme Court on Wednesday ruled that the state's constitution guarantees the right to "a stable climate system" and affirmed a lower court's decision to strike down state law provisions that barred the consideration of greenhouse gas emissions in permitting decisions.
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December 18, 2024
IRS Pushes Some Retirement Plan Min. Distributions To 2026
The Internal Revenue Service updated the effective date to January 2026 — instead of next year — for when some must start to withdraw the required minimum amount of funds from several types of individual retirement accounts that were amended by a December 2022 retirement savings law.
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December 18, 2024
High Court To Review TikTok Sale-Or-Ban Law
The U.S. Supreme Court announced Wednesday that it will fully review TikTok's First Amendment challenge to a federal law requiring the wildly popular social media platform to divest from its Chinese parent company or face a nationwide ban, scheduling expedited oral arguments one week before the law's effective date.
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December 18, 2024
Justices Will Decide If Medicaid Recipients Can Pick Providers
The U.S. Supreme Court on Wednesday partially granted the state of South Carolina's petition to review a Fourth Circuit decision blocking its Medicaid program from ending its provider agreement with Planned Parenthood, agreeing to determine if the Medicaid Act allows a beneficiary to choose a specific provider.
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December 18, 2024
CFPB Says Credit Card Point Devaluation May Break The Law
The Consumer Financial Protection Bureau warned Wednesday that credit card companies risk violating federal law when they or their merchant partners devalue rewards points and miles banked by their cardholders, casting it as a potential "bait-and-switch."
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December 17, 2024
NC Panel Revives Negligence Suit Against State Health Dept.
An adult care center's constitutional claims accusing the North Carolina Department of Health and Human Services of negligently asserting bogus penalties and unfairly suspending admissions at the facility are timely, a North Carolina state appellate panel ruled Tuesday, reviving a case that previously landed before the North Carolina Supreme Court.
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December 17, 2024
These Attys Could Be Trump's Pick For Colo.'s Top Prosecutor
President-elect Donald Trump's previous U.S. attorney for the District of Colorado said he's not interested in the role again, but gave Law360 a glimpse at who he thinks could be on the transition team's list of contenders.
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December 17, 2024
GOP Hill Leaders Pledge To Prioritize Crypto Bills Next Year
Lawmakers told crypto industry participants Tuesday that they plan to keep digital assets top of mind in the coming legislative session by prioritizing bills on a regulatory structure for stablecoins and digital asset markets, as well as digging into allegations bank regulators have unfairly targeted crypto businesses.
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December 17, 2024
UNC Doctor Can't Shield Minor Transgender Patients' Records
A University of North Carolina doctor cannot assert privilege over medical records sought from the university by state Republicans fighting a suit by the physician and others seeking to enjoin a law imposing limits on transgender care for minors, a federal magistrate judge has ruled.
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December 17, 2024
11th Circ. Urged To Block Abortion Clinic Buffer Zone Law
A Florida anti-abortion group urged the Eleventh Circuit on Tuesday to give it another shot at an injunction preventing the city of Clearwater from enforcing a buffer zone ordinance that blocks the group from getting within five feet of the driveway to the city's only abortion clinic.
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December 17, 2024
Monsanto Owes $690M In Latest Wash. PCB Trial, Jurors Told
Fifteen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury to award them $690 million plus even more in punitive damages on Tuesday, rounding out a two-month trial as the company argued the request for "generational wealth" isn't backed by enough evidence to attribute their ailments to the toxins known as PCBs.
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December 17, 2024
Copyright Officials Say Rest Of AI Report To Come Next Year
The U.S. Copyright Office says it won't be until early next year that it plans to submit the remainder of a report on the intersection of artificial intelligence and copyright law.
Expert Analysis
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Opinion
How Trump Admin Should Address Indian Country Priorities
The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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Preparing For More Limber Federal Supply Chain Oversight
Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.