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Public Policy
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July 26, 2024
FCC Kicks Off Rapid Response Team To Zap Pole Disputes
The Federal Communications Commission has launched a rapid response team to clear up disputes between utility pole owners and internet service providers over the cost of upgrading or replacing poles to allow for new broadband equipment.
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July 26, 2024
Smartmatic Asks Court To Order Fox Exec To Answer Subpoena
A new front in the war between Smartmatic and Fox News has opened up in Florida, as the voting technology company is asking a Miami court to force a Fox News board member to respond to a subpoena issued in its $2.7 billion defamation suit in New York.
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July 26, 2024
DC Circ. Vacates EPA's Biofuel Exemptions Denial
The D.C. Circuit on Friday largely sided with dozens of small petroleum refiners challenging the U.S. Environmental Protection Agency's denial of their exemptions to federal renewable fuel blending requirements while keeping its reasoning for doing so under seal.
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July 26, 2024
White House Offers Removal Relief For Lebanese
The Biden administration on Friday offered deportation relief to certain Lebanese nationals in the U.S. as conditions in South Lebanon break down amid hostilities between Hezbollah and Israel.
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July 26, 2024
Feds Tell 9th Circ. Wash. ICE Inspection Law Rightly Blocked
The federal government has inserted itself into the battle over a Washington state law allowing surprise inspections of a U.S. Immigration and Customs Enforcement immigration detention center, telling the Ninth Circuit it was rightly blocked under the intergovernmental immunity doctrine.
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July 26, 2024
Biz Groups Call Corp. Transparency Act Unconstitutional
The U.S. government has failed to show how the Corporate Transparency Act meets narrow exceptions to the Fourth Amendment's search warrant requirements, a group of small businesses told a Michigan federal court Friday in contending that the statute is unconstitutional.
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July 26, 2024
Assa Abloy Resolves DOJ Merger Monitor Dispute
Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.
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July 26, 2024
WTO E-Commerce Deal Launches Without US Support
World Trade Organization members announced a historic agreement on digital trade on Friday, but the U.S. said the deal "falls short" of its expectations.
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July 26, 2024
2 Calif. Tribal Gaming Talks Advance, 1 Awaits DOI Assist
Negotiations between two California tribes and the state over sports gaming compacts are winding down after nearly a year, while another tribe awaits intervention from the U.S. Department of the Interior to assist in talks after the Golden State failed to consent to a third agreement.
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July 26, 2024
EU Calls For Dispute Talks Over Taiwan's Wind Farm Policy
The European Union challenged Taiwan's domestic sourcing requirements for offshore wind energy projects in the World Trade Organization, saying Friday that Taiwan was violating its duty not to discriminate against imported goods.
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July 26, 2024
Colo. County Will Pay $1.75M To End Political-Payback Claims
A Colorado county has agreed to pay $1.75 million to settle claims against its sheriff's office that a former undersheriff was fired over political disagreements with the former sheriff, the plaintiff's attorneys said Friday.
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July 26, 2024
Feds Want Mogul To Forfeit $1.5M In NC Bribery Case
Convicted insurance mogul Greg Lindberg should forfeit nearly $1.5 million he allegedly used to bribe North Carolina's insurance regulation chief in exchange for more friendly oversight of his companies, the U.S. government told a North Carolina federal court Friday.
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July 26, 2024
EV Group Seeks To Defend Fuel Economy Rule In 6th Circ.
A coalition of electric vehicle manufacturers and suppliers want in on a consolidated challenge in the Sixth Circuit to the U.S. Department of Transportation's new fuel economy standards for passenger cars and light trucks, saying the EV industry's future viability banks on the stringent new standards.
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July 26, 2024
Ind. Tax Court Says Tax Cap Acre Limitation Unconstitutional
The Indiana Constitution doesn't permit a fixed 1-acre limitation on land eligible for the state's 1% property tax cap, the state tax court said, siding with a couple who argued their entire property qualified for the cap.
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July 26, 2024
Feds Invest $240M In Pacific Tribal Fish Hatchery Efforts
Hatcheries that produce Pacific salmon and steelhead will get $240 million in federal funding as the U.S. Department of the Interior and the Commerce Department look to restore fish in the Columbia River Basin and mitigate the impacts of dams on tribes, the U.S. government said.
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July 26, 2024
Power Groups Join Bid To Stay EPA Plant Rule At High Court
Utility and coal industry groups have joined dozens of red states in urging the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants.
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July 26, 2024
Cuomo Harassment Document Fight Heads To NY Appeals Court
A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.
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July 26, 2024
Texas Justices Announce Fees For Statewide Business Court
The Texas Supreme Court said Friday that actions filed in and removed to the business court will cost $2,500, unveiling the fee schedule for the state's latest venue.
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July 26, 2024
Fed Closes Loop On Now-Shuttered Crypto Bank Silvergate
The Federal Reserve said Friday that it has concluded an enforcement action requiring Silvergate Bank to close out its operations safely and smoothly, tying up a loose thread from the California-based crypto bank's move to shut itself down after tanking last year.
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July 26, 2024
NFL Leads Sports & Betting Cases To Watch For Rest Of 2024
Significant cases involving major American pro sports organizations have earned extra attention as the second half of 2024 begins, as have cases involving young professional athletes, college recruits and youth sports participants. Still, the NFL remains king with its footprint all over the list of must-follow cases for the rest of the year.
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July 26, 2024
How Being A Female Litigator May Aid Harris' Presidential Bid
Female litigators regularly confront implicit biases and double standards when it comes to "their appearance, voice, attire, demeanor and their advocacy," according to the author of an American Bar Foundation research report on first chair trial lawyers.
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July 26, 2024
Insurance Trade Group Challenges FTC's Noncompete Ban
The American Property Casualty Insurance Association backed a tax preparation company and the U.S. Chamber of Commerce's challenge to the Federal Trade Commission's ban on noncompete agreements, telling a Texas federal court that the rule would "significantly disrupt the insurance producer landscape."
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July 26, 2024
Cannabis Litigation To Watch: Delta-8 And Residency Rules
In the first half of 2024, a series of lawsuits taking aim at state hemp restrictions and another set of suits challenging purported residency criteria in state cannabis licensure programs were briefed in multiple appellate courts across the country.
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July 26, 2024
Illinois Cases To Watch In 2024: Midyear Report
Illinois attorneys say they are considering the path forward for Springfield corruption prosecutions following a recent U.S. Supreme Court ruling, as well as paying attention to what comes next in Motorola Solutions' trade secret contempt fight and potential new guidelines for music copyright cases. Here are the cases to watch in Illinois for the rest of 2024.
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July 26, 2024
Colorado Cases To Watch 2024: A Midyear Report
Colorado is at the forefront of state challenges to Kroger's $24 billion proposed merger with Albertsons, regulators are defending a high-cost lending crackdown, and state justices could change how insurers navigate bad faith suits. Here are some of the Colorado cases to watch in the second half of 2024.
Expert Analysis
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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CFPB's New Registration Rule Will Intensify Nonbank Scrutiny
The Consumer Financial Protection Bureau's recently finalized nonbank registration rule aimed at cracking down on repeat offenders poses significant compliance challenges and enforcement risks for nonbank financial firms, and may be particularly onerous for smaller firms, say Ketan Bhirud and Emily Yu at Cozen O'Connor.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Series
After Chevron: Uniform Tax Law Interpretation Not Guaranteed
The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.
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Series
After Chevron: FDA Regulations In The Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.