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Public Policy
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September 24, 2024
Conn. Officials Want Nursing School Students' Claims Nixed
Pointing to the state's interests in regulating professions and the principle of sovereign immunity, Connecticut officials accused of "overreach" for withholding licenses from students at a shuttered nursing school say a federal judge must dismiss proposed class claims by affected students.
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September 24, 2024
Texas AG, County Officials Spar Over Voter Registration Suits
Texas Attorney General Ken Paxton is urging a federal judge to send his lawsuits challenging two counties' voter registration initiatives back to state courts, emphasizing that his office has learned one county sent an unsolicited registration application to a person who died more than 40 years ago.
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September 24, 2024
Novo Nordisk Tells Sens. Ozempic Costs Are Linked To PBMs
Novo Nordisk's CEO argued Tuesday that the high prices of the company's diabetes and weight loss drugs Ozempic and Wegovy primarily stem from the actions of pharmacy benefit managers, earning support from many members of a Senate committee and frustrating others who wanted more direct answers on the Danish drugmaker's own responsibilities.
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September 24, 2024
NLRB Office Signs Off On Near $450K Deal With Musk Brother
A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.
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September 24, 2024
Dish Owner Tells FCC Device Unlocking Good For Competition
Dish and its parent company EchoStar are leaning on the Federal Communications Commission to finalize requirements that mobile providers unlock a customer's device within 60 days of them signing up, so they can change carriers if they want.
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September 24, 2024
Justices' Immunity Ruling Could Foil Trump Charges, Sens. Told
The U.S. Supreme Court's prohibition on judges considering a former president's motive when deciding if an act is official and therefore protected from criminal prosecution may present one of the biggest roadblocks in the criminal cases filed against Donald Trump, a former U.S. Department of Justice attorney told lawmakers Tuesday.
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September 24, 2024
Mich. Justices Wonder If Pot Smell's Strength Justifies Search
Michigan's Supreme Court asked Tuesday whether a whiff of marijuana can justify searching a vehicle now that the drug is legal in the state, with one justice claiming his nose can distinguish between stale smells and more recent use, which could indicate impaired driving or illicit public consumption.
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September 24, 2024
Ala. Can Enforce Own Interstate Clean Air Plan, 11th Circ. Told
Alabama told an Eleventh Circuit panel Tuesday that the U.S. Environmental Protection Agency overstepped its authority when denying the state's plan to implement rules limiting harmful interstate emissions under the Clean Air Act, saying the law gives states the "primary" authority to combat air pollution.
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September 24, 2024
Haitian Group Seeks Criminal Charges Against Trump And Vance
A Haitian advocacy organization filed an affidavit Tuesday seeking criminal prosecution of former President Donald Trump and his running mate, Ohio Sen. J.D. Vance, for their false claims that Haitian immigrants are eating pets in Springfield, Ohio, that have "wreaked havoc" on the city.
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September 24, 2024
11th Circ. Unleashes Swarm Of 'Hypos' In Fla. Pronoun Case
An Eleventh Circuit panel on Tuesday peppered attorneys with hypothetical scenarios as they attempted to hammer out the bounds of public school teachers' free speech protections in the classroom, in a case by transgender and nonbinary Florida educators that could ultimately affect other state employees.
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September 24, 2024
Md. Says Shipowner Liable For $2B Baltimore Bridge Rebuild
Maryland said the owner and manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge must be held liable for the estimated $1.7 billion cost of rebuilding the bridge, claiming Tuesday that their negligence has caused "grievous impact" to Marylanders, the environment and the regional economy.
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September 24, 2024
FAA Chief Updates House Panel On Boeing Safety Culture Fix
The Federal Aviation Administration's chief told a House panel Tuesday that the agency has "dramatically" increased its oversight of Boeing, as lawmakers raised concerns about the pace of Boeing's safety culture overhaul amid an ongoing labor dispute with 33,000 workers.
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September 24, 2024
Ga. Election Board To Investigate Voter Eligibility Challenges
Georgia's increasingly tendentious State Election Board voted this week to open investigations into a handful of counties over their handling of voter registration challenges, at the urging of conservative activists who told the board that local election officials have ignored their calls for ineligible voters to be stricken from the rolls.
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September 24, 2024
'The Predators Are Back,' Mich. Tax Foreclosure Attys Warn
Lawyers for a proposed class accusing Michigan counties of unlawfully keeping proceeds of their tax-foreclosed home sales urged a federal judge Monday to bar a third-party claims firm and a "conspiring" Michigan attorney from trying to snatch away class members using tactics they called abusive and illegal.
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September 24, 2024
Colo. Justices Float Limits For Litigants' Public Records Asks
Colorado Supreme Court justices were skeptical Tuesday that litigants were blocked from using the state's public records law to request documents from agencies and boards they are suing, though they also expressed reservations about just how far such litigants could go.
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September 24, 2024
Dish Slams 'Entitled' Standard General Exec's Race Bias Suit
Dish Network has called for sanctions against Soo Kim, his hedge fund Standard General and their attorneys, calling Kim's racial discrimination suit against Dish, the Federal Communications Commission and a collection of other media players "an expensive temper tantrum."
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September 24, 2024
EPA Finalizes HFC Leak And Recycling Rule
The U.S. Environmental Protection Agency has issued a final rule aimed at reducing hydrofluorocarbon leaks from large refrigeration and air-conditioning equipment, while establishing a new program to better manage and recycle the potent greenhouse gasses.
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September 24, 2024
Judge Won't Yet Set New Trial For AT&T Exec After Hung Jury
An Illinois federal judge declined Tuesday to set a new bribery trial date for an AT&T executive accused of illegally influencing former Illinois House Speaker Michael Madigan, saying he first wanted to take a "serious look" at the defense's forthcoming motion for acquittal after jurors failed to reach a unanimous verdict last week.
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September 24, 2024
Man In Mueller Report Asks DC Circ. To Revive Privacy Claim
A Georgian American businessman named in special counsel Robert Mueller's report on 2016 Russian election interference has petitioned the D.C. Circuit for an en banc review of a panel's decision not to revive his Privacy Act damages claim related to supposed inaccuracies, arguing the panel erred in finding he had abandoned damages arguments.
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September 24, 2024
More Enrollment Wanted For Judges' Home Security, IG Says
Amid the "complex" threat landscape for judges, the U.S. Marshals Service should do more to prompt federal judges to enroll in its home security program, a federal watchdog says in a report released Tuesday.
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September 24, 2024
Star Witness Against Bankman-Fried Gets 2 Years In FTX Case
A Manhattan federal judge sentenced former cryptocurrency executive Caroline Ellison to two years in prison Tuesday, crediting her decision to testify against FTX founder Sam Bankman-Fried but saying the $11.2 billion fraud was too big to warrant a "get out of jail free card."
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September 24, 2024
Baker Donelson Adds Financial Services Expert In DC
Baker Donelson Bearman Caldwell & Berkowitz PC has hired a new shareholder who started her 15-year legal career as an attorney adviser in the U.S. Department of the Treasury's Banking and Finance Division, the firm announced Tuesday.
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September 24, 2024
Treasury To Allow 3 AMT Transition Methods, Official Says
Final rules on the new corporate alternative minimum tax are expected to adopt the proposed regulations' three ways for companies to transition to the regime, and the U.S. Treasury Department is open to other ways as well, a department official said Tuesday.
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September 24, 2024
Favre Parkinson's Reveal Overshadows Welfare Fraud Hearing
Hall of Fame quarterback Brett Favre revealed he has Parkinson's disease during a congressional hearing on misuse of welfare funds, where he was overwhelmingly lauded and escaped tough questions about his alleged involvement in a sprawling Mississippi welfare scandal.
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September 24, 2024
CDC Defends Dog Import Ban As Needed Rabies-Fighting Tool
The U.S. Centers for Disease Control and Prevention urged a Michigan federal court to deny hunting groups' efforts to lift an import ban on young dogs, saying the ban was crafted to prevent imports of rabies-infected dogs.
Expert Analysis
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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FTC Focus: Private Equity Investments In Healthcare
As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Examining Chancery's Relaxed New Confidential Filing Rules
The Delaware Court of Chancery’s overhauled Rule 5.1, which governs confidential filings, risks permitting nonconfidential information to be shielded from public review unless and until a challenge notice is filed — but several potential solutions could help to override this issue, says Delaware attorney Daniel J. McBride.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.