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Public Policy
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January 09, 2025
Fox Corp. Can't Ax Smartmatic's Defamation Suit, Panel Says
Fox Corp. will have to face a defamation claim in voting technology company Smartmatic's $2.7 billion lawsuit alleging the media company exercised control over allegedly harmful news coverage during the 2020 presidential election, a New York state appellate court ruled Thursday.
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January 09, 2025
Tort Report: Philadelphia Tops Annual 'Judicial Hellhole' List
Philadelphia's designation by a tort reform group as a top "judicial hellhole" and the nation's largest medical malpractice verdict ever lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
Target Brass Face Derivative Suit Over DEI Fallout
Target Corp.'s executives and directors have been hit with a shareholder derivative suit in Florida federal court alleging that the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ+ merchandise harmed investors.
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January 09, 2025
Texas Hits TikTok With Another Suit Over Child-Online Safety
Texas hit TikTok with another lawsuit in the Lone Star State court following similar consumer protection suits, accusing the social media giant — which is facing a ban in the U.S. — of deceptively marketing its purportedly addictive app as safe for minors despite letting explicit material run rampant on the platform.
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January 09, 2025
Wash. Seeks To Ease Legal Practice Path For Military Spouses
Washington's state courts are considering rule changes to make it easier for attorneys married to military members and graduates of law schools not accredited by the American Bar Association to practice law in the state, part of a series of moves to reduce barriers to the legal profession.
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January 09, 2025
CFPB Hit With 2nd Suit Over Medical Debt Reporting Rule
The Consumer Financial Protection Bureau has been hit with a second lawsuit challenging its new rule that would wipe billions of dollars in medical debt off consumer credit reports, with ACA International filing a complaint in Texas federal court arguing healthcare markets are outside the agency's regulatory authority.
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January 09, 2025
Amgen Says Enbrel Protected By Legit Patents, Rulings
Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.
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January 09, 2025
Fla. Condos Tied To Sanctioned Russians Transferred To Feds
The U.S. government has taken ownership of two Florida luxury condominiums allegedly tied to Russians sanctioned for their roles in the annexation of the Ukrainian region of Crimea in 2014 and for their involvement in the properties being used to launder rental proceeds.
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January 09, 2025
5th Circuit Wrong To Toss Subsidy Fund, FCC Tells High Court
The Federal Communications Commission urged the U.S. Supreme Court to overturn last year's Fifth Circuit decision gutting the FCC's multibillion-dollar subsidy fund, arguing the appeals court got it wrong in finding Congress unlawfully relinquished its taxing powers.
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January 09, 2025
AT&T Settles Suit Over Faux Pine Tree Antennas
AT&T is dropping its suit against the city of Walla Walla, Washington, over a 65-foot-tall utility pole that was slated to look like a pine tree, agreeing to use a separate location just outside the city limits.
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January 09, 2025
Inventor Group Warns Of Issa's Return As House IP Panel Chair
Policy outfit US Inventor Inc. has spoken out against the return of Rep. Darrell Issa, R-Calif., to head the U.S. House subcommittee overseeing intellectual property in the new Congress, warning on Thursday Issa's leadership role will have distressing affects on American startups and innovators while benefiting foreign competitors in other countries like China.
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January 09, 2025
Colo. Oil Co. Says Unfair Order Threatens Its Demise
Oil and gas operator K.P. Kauffman Co. Inc. is asking a Colorado state judge to scrap a $5.8 million penalty against it, claiming regulators unlawfully imposed an unfair order that threatens to drive it into insolvency and bankruptcy.
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January 09, 2025
Biden's Title IX Gender Identity Rule Struck By Ky. Judge
A Kentucky federal judge on Thursday struck down the Biden administration's expansion of Title IX to include gender identity, saying the rule "impermissibly redefines discrimination on the basis of sex" in excess of U.S. Department of Education authority.
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January 09, 2025
ND Voting Laws May Be Undone In 8th Circ., Justices Told
Two local North Dakota Republican Party officials are urging the Supreme Court to take up their bid to reverse a lower court's ruling over newly created subdistricts for Native American voters, arguing that the "highly unusual" procedural posture of similar suits in the Eighth Circuit are likely to be overturned.
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January 09, 2025
Wash. Justices Won't Review $160M Seattle Property Tax Win
Seattle can keep $160 million in property taxes for waterfront improvements, after Washington's Supreme Court declined to review a lower appellate court's ruling rejecting property owners' bid to recalculate the tax to reflect the hit property values had taken from COVID-19.
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January 09, 2025
Kroger Drops FTC Constitutionality Fight After Nixed Merger
Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.
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January 09, 2025
4th Circ. Asked To Pause NC High Court Ballot Challenge
North Carolina election officials have asked the Fourth Circuit to press pause on a Republican judge's efforts to plow ahead with his state Supreme Court challenge seeking to throw out votes in his race for an associate justice seat, while his Democratic challenger called for expediency.
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January 09, 2025
Senate Dems Help Push Sweeping Immigration Bill Toward Vote
A majority of Senate Democrats joined Republicans Thursday to pave the way for a vote on a bill that would require detention for theft-related crimes by unauthorized immigrants, while bestowing broad powers on state attorneys general over federal immigration matters.
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January 09, 2025
Ill. Captive Meetings Ban Flouts 1st Amendment, Groups Say
If Florida couldn't outlaw corporate diversity training without violating the First Amendment, then Illinois can't outlaw so-called captive audience meetings, a libertarian think tank and business group told an Illinois federal judge, saying Illinois' law restricts employers' freedom of speech as much as Florida's now-stricken statute did.
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January 09, 2025
CFPB Taps First Open Banking Industry Standards Setter
The Consumer Financial Protection Bureau has given Financial Data Exchange Inc. the green light to set standards for open banking in a first of its kind approval aimed at giving customers more control over their financial data.
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January 09, 2025
Supreme Court Declines To Halt Trump's NY Sentencing
The U.S. Supreme Court on Thursday denied Donald Trump's request to halt New York criminal proceedings in his hush money case, clearing the way for a state judge to sentence the president-elect on Friday, days before he takes the oath of office.
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January 09, 2025
New Mexico Justices Say Local Gov'ts Can't Restrict Abortion
New Mexico's highest court on Thursday struck down four local ordinances that restricted abortion access in the state, chastising the cities and counties behind them for running afoul of state laws on reproductive health and medical licensing.
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January 09, 2025
Grocers Say Nothing Left To Fight In Colo. Merger Challenge
Kroger and Albertsons told a Denver District Court that the state's challenge to its merger should be dismissed now that the deal is dead, arguing in a motion that the state always knew that decisions in other lawsuits could render its claim moot.
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January 09, 2025
Colo. Urges 10th Circ. Not To Vacate Air Emissions Plan
Colorado told the Tenth Circuit that a green group challenging an air emissions permitting program in the state misled a panel of judges during oral arguments by asserting that eliminating the program would resolve its concerns.
Expert Analysis
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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.
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Predictions For Trump Antitrust Enforcement Of Life Sciences
Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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From Football To Pickleball, Sports Investing Evolved In 2024
The NFL's decision to allow private-equity investments in football franchises capped off a transformative year in U.S. sports that also included landmark PE transactions in emerging sports ranging from women's soccer to pickleball, say attorneys at Weil.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Opinion
Congress Should Expand Investment Options For 403(b)s
Lawmakers should pass pending legislation to give 403(b) plan participants access to collective investment trusts, leveling the playing field for public sector retirement investors by giving them an investment option their private sector counterparts have had for decades, says Jason Levy at Great Gray Trust Company.
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What 2024 Election Means For Drugs, Medicare And Medicaid
With Republicans running the White House, U.S. House of Representatives and U.S. Senate, the incoming administration is likely to provide pathways — through new initiatives and others returning from Trump's previous presidency — for a range of potential changes to drug pricing, Medicare and Medicaid, say attorneys at Morgan Lewis.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Opinion
Antitrust Posturing Against Algorithmic AI Should End
President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.