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Public Policy
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January 10, 2025
Faster Permits Needed For Next G's, Wireless Cos. Say
Wireless infrastructure builders are hoping for a more inviting regulatory environment at the federal and state levels as technology progresses and have put broadband permitting reform at the top of their legislative wish list for 2025.
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January 10, 2025
Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says
Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.
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January 10, 2025
Minn. Tribal Casino Execs Look To Nix Class III Gaming Fight
Executives of two Minnesota tribal casinos are urging a federal district court to toss a challenge by a commercial casino and horse racetrack operator that claims they're illegally fighting to dominate the state's gambling industry through Class III gaming, arguing that a recent Ninth Circuit decision weighs in their favor.
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January 10, 2025
Ga. Law Firm Latest To Fight Corporate Transparency Act
A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.
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January 10, 2025
7th Circ. Halts FDIC Enforcement Order Against Ex-Bank Chair
The Seventh Circuit on Friday granted a request from an Illinois community bank's onetime chairman for an emergency stay of professional sanctions the Federal Deposit Insurance Corp. ordered as part of an in-house proceeding the executive has alleged was unconstitutional.
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January 10, 2025
FDA Tells Justices RJ Reynolds Challenge Belongs In DC Circ.
The U.S. Food and Drug Administration urged the U.S. Supreme Court on Friday to send a suit by R.J. Reynolds Vapor Co. and two retailers challenging the denial of a marketing application from the Fifth Circuit to the D.C. Circuit, saying federal law doesn't allow a manufacturer to forum shop by bringing a retailer into its challenge.
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January 10, 2025
4th Circ. Accelerates Appeal In Contested NC High Court Race
The Fourth Circuit on Friday agreed to speed up briefing in an appeal centered on which court should hear a Republican judge's ballot challenge in his race for a seat on the North Carolina Supreme Court, squeezing the case in for argument before the first session of the new year.
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January 10, 2025
Defunct Nursing School Inks $5M Deal To End Consumer Suits
The operators of Stone Academy, a defunct, private, for-profit nursing school in Connecticut, have agreed to a $5 million settlement to end two student-led lawsuits and another suit by the state, Attorney General William M. Tong said Friday.
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January 10, 2025
Treasury, IRS Plan Rules For Clean Transportation Fuel Credit
Treasury and the IRS released guidance Friday for producers of transportation fuel hoping to qualify for the newly available clean fuels production tax credit, saying they plan to release rules clarifying which entities qualify for the credit and how producers can determine allowable emissions levels.
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January 10, 2025
1st Circ. Questions Reach Of Anti-Torture Law In Civil Cases
The First Circuit on Friday hinted it may be considering limits on the jurisdiction of the Torture Victims Protection Act, during a hearing where former Justice Stephen Breyer recalled concerns he first raised on the Supreme Court that an overly broad reading could pave the way for other nations to arrest Americans for incidents on U.S. soil.
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January 10, 2025
Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble
In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.
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January 10, 2025
Fani Willis Seeks Return To Trump Election Interference Case
Fulton County District Attorney Fani T. Willis has asked the Georgia Supreme Court to reinstate her in the election interference case against President-elect Donald Trump, arguing she was the first Georgia DA to be ejected from a case "without the existence of an actual conflict of interest."
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January 10, 2025
NJ Watchdog's New Chief Resigns Amid Residence Questions
The new chief executive of the New Jersey State Commission of Investigation resigned Friday after questions were raised in a news report about her residency and a second full-time job she holds out of state.
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January 10, 2025
IRS Proposes Rules For Roth Catch-Up Contributions
The Internal Revenue Service floated rules Friday for catch-up contributions made possible by the 2022 retirement law known as Secure 2.0, including the requirement that contributions made by certain participants be designated Roth contributions.
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January 10, 2025
Feds To Return $55M In Fees For Axed Immigration Program
U.S. immigration officials will refund some $55 million in fees tens of thousands of unauthorized immigrants in the country paid to apply for relief through a parole-in-place process that courts struck down.
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January 10, 2025
US Hits Russia With Extensive Energy-Related Sanctions
The Biden administration on Friday announced an extensive round of new sanctions, including blocking two major Russian oil producers, with the goal of reducing Russian revenues from energy in the midst of its war on Ukraine, a move that comes as the U.S. has been amping up sanctions on its foreign rival.
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January 10, 2025
NJ Mayor Cops To Using Town Employees to Run Private Biz
A longtime New Jersey mayor is barred from ever holding public office or employment again after he admitted Friday to using township employees to help run a private business out of his mayoral office, New Jersey Attorney General Matthew J. Platkin announced.
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January 10, 2025
Illinois Adds 4 Conditions To Medical Pot Eligibility List
The Illinois Department of Public Health has issued an order adding four conditions to the list of medical issues eligible for treatment with medical cannabis.
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January 10, 2025
Tougher 911 Outage Report Regs Needed, Responders Say
First responder groups are urging the Federal Communications Commission to toughen up on network outage reporting requirements impacting 911 services, saying gaps in the current system don't fully meet the needs of emergency communications centers.
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January 10, 2025
Feds Ask 15 Years For Menendez In Case Of 'Historical Rarity'
Prosecutors have asked a Manhattan federal judge to sentence former U.S. Sen. Robert Menendez to at least 15 years in prison after he was convicted of taking bribes from three New Jersey business executives in exchange for political favors.
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January 10, 2025
Feds Say Rocket Mortgage Can't Avoid Race Bias Suit
The federal government has pushed back against Rocket Mortgage LLC's motion to dismiss a racial discrimination suit accusing the company and other parties of undervaluing a Black woman's Denver duplex after she applied for refinancing.
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January 10, 2025
Construction Exec Cops To Unlawfully Funding NYC Mayor
A Turkish-born construction executive with ties to Eric Adams told a Manhattan federal judge Friday that he funneled unlawful donations to the New York City mayor's campaign, as prosecutors secured a guilty plea in their high-profile political corruption investigation.
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January 10, 2025
Justices Seem Inclined To Uphold TikTok Sale-Or-Ban Law
The U.S. Supreme Court seemed likely Friday to uphold a law requiring TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, despite some justices expressing concern over the law's impact on the free speech rights of Americans who use the wildly popular social media platform.
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January 10, 2025
Conn. GOP Eyes McCarter & English Partner For US Atty Role
Connecticut's Republican Party chair says the state's next top federal prosecutor should be someone with qualifications that mirror a McCarter & English LLP partner whose three decades in the U.S. attorney's office would make him a logical fit, although Donald Trump's selection could carry "wildcard potential," one observer noted.
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January 10, 2025
Treasury Floats Rules For Commercial Green Vehicle Credits
The U.S. Treasury Department and the Internal Revenue Service proposed rules Friday for obtaining tax credits for commercial green vehicles under provisions of the Inflation Reduction Act, suggesting ways for determining the credit amount and identifying which vehicles are eligible.
Expert Analysis
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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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.