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Public Policy
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December 20, 2024
How Lawyers May Sue The Trump Administration … Again
During the last Trump administration, BigLaw firms challenged White House policies, focusing on immigration, environmental regulations and healthcare. This time around, attorneys could rely on old tools, and some new tactics, to stall the executive branch.
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December 20, 2024
If Gov't Shuts Down, Judiciary Will Be Funded Until Jan. 10
If there is a government shutdown, the federal judiciary would be funded at least until Jan. 10, the Administrative Office of the U.S. Courts said Friday.
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December 20, 2024
HUD Awards $225 Million To Boost Manufactured Housing
The U.S. Department of Housing and Urban Development announced that it has awarded $225 million under a grant program for manufactured housing communities, prioritizing tribal applicants and resident-managed communities.
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December 20, 2024
Year In Review: The Biggest Trade Policy Moves Of 2024
The final year of the Biden administration saw trade policy kept on the back burner, particularly as campaign season ramped up, but nevertheless 2024 yielded a number of White House moves on tariffs, enforcement and negotiations that kept attorneys at attention. Here, Law360 walks you through the most noteworthy trade policy developments of the past 12 months.
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December 20, 2024
CFPB Sues BofA, Wells Fargo, JPMorgan Over Zelle Fraud
The Consumer Financial Protection Bureau sued Bank of America, JPMorgan Chase and Wells Fargo on Friday, alleging their customers have lost more than $870 million through a "massive scale" of fraud on the payment network Zelle while the banks turned a blind eye.
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December 19, 2024
Monsanto PCB Trial Groups Can Grow, Wash. Judge Says
A Washington state judge laid out a plan on Wednesday to consolidate a series of alleged chemical poisoning cases pending against Monsanto in connection to an Evergreen State school, largely rejecting the company's arguments that it would be prejudiced if plaintiffs merged into larger trial groups.
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December 19, 2024
Uber Sues Seattle Over Courier Account Deactivation Law
A Seattle ordinance aimed at preventing app-based workers from being unfairly deactivated from apps they use poses "grave constitutional problems," Uber alleged in a suit filed Wednesday in Washington federal court, saying the local law forces the transportation company to express views inconsistent with how it approaches privacy and safety.
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December 19, 2024
DOJ Targets Groups' Standing In Asylum Limits Fight
The U.S. Department of Justice told a federal judge immigrant rights groups don't have standing to challenge asylum restrictions enacted for the southern border based on claims that they prevent the groups from serving asylum seekers.
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December 19, 2024
Atkins-Tied Crypto Group Lays Out Its Priorities For New SEC
Crypto industry group The Digital Chamber, which counts U.S. Securities and Exchange Commission chair nominee Paul Atkins as an advisory board member, has urged the Wall Street regulator to "reset its historically troubled relationship" with the crypto industry by rolling back certain rule proposals and resolving non-fraud suits against crypto firms soon after President-elect Donald Trump takes office next year.
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December 19, 2024
Feds Fight Calif. Tribe's Bid To Block Casino Trust Order
The federal government is fighting a bid by a California tribe to block the U.S. Department of the Interior from approving a casino project on its historic homelands, arguing that it has not yet identified any irreparable harm that would justify a temporary restraining order.
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December 19, 2024
PhRMA Wins Bid To Halt W.Va. Drug Discount Expansion Law
The country's biggest pharmaceutical lobbying group has won preliminary injunctions against a West Virginia law that the Pharmaceutical Research and Manufacturers of America claims unconstitutionally expands a federal drug discount program, with a federal judge finding that the law threatens to create a situation where "the fox guards the henhouse."
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December 19, 2024
FTC Says PBMs Can't Get Preliminary Block In Insulin Case
The Federal Trade Commission urged a Missouri federal judge Thursday not to temporarily block its in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, arguing Congress clearly empowered such in-house adjudications and the officials who handle them.
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December 19, 2024
Groups Say CARB Fuel Program Will Spur Environmental Harms
Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.
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December 19, 2024
Bank Groups Seek Halt Of CFPB's $5 Overdraft Fee Rule
Bank groups have asked a Mississippi federal judge to put an interim hold on the Consumer Financial Protection Bureau's new rule establishing a $5 overdraft fee cap at larger banks and credit unions, arguing that the agency is trying to unwind more than a half-century of regulatory interpretation at a great potential cost to the industry.
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December 19, 2024
New Jersey AG Can Run Paterson Police Dept. During Appeal
The day after a New Jersey appellate panel ruled that state Attorney General Matthew J. Platkin's takeover of a Garden State police department was unlawful, state Supreme Court Chief Justice Stuart J. Rabner granted the prosecutor's bid to stay the decision temporarily and directed the parties to file briefs.
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December 19, 2024
Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes
Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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December 19, 2024
4th Circ. Says Temporary BIA Judges Can Be Reappointed
Judges can be temporarily appointed to the Board of Immigration Appeals for a term "not to exceed six months," but they can also be reappointed as many times as the attorney general sees fit, the Fourth Circuit has ruled in a case that challenges the seating of such a judge.
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December 19, 2024
FERC Chair Plays Coy On Impact Of LNG Export Study
Willie Phillips, chairman of the Federal Energy Regulatory Commission, wouldn't say on Thursday how the agency would incorporate a recently released federal study on the economic and environmental effects of liquefied natural gas exports into its reviews of proposed export terminals, and cited limits on FERC's authority.
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December 19, 2024
Visa Sponsorship Form Needs Clarity, Ombudsman Says
A U.S. Citizenship and Immigration Services watchdog is urging the agency to revise a form used to sponsor noncitizen relatives, saying it has caused confusion and imposed extra costs and delays on people trying to reunite with family members.
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December 19, 2024
House Rejects 3-Month Funding Bill Despite Trump Support
The U.S. House of Representatives on Thursday rejected a three-month temporary funding deal that would have staved off a government shutdown and had been hastily introduced after President-elect Donald Trump criticized an earlier proposed continuing resolution.
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December 19, 2024
Bill Aimed At IHS Recruitment, Retention Heads To House
A bill designed to make it easier for the Indian Health Service to recruit and retain medical workers is headed for the U.S. House of Representatives for consideration after easily passing the U.S. Senate this week.
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December 19, 2024
FCC Told No Way To Network-Level Scan Of Calls For AI
Consumer advocacy groups have come together to tell the Federal Communications Commission that they hate spam calls as much as anyone else, but they can't support a plan that would allow calls to be scanned for artificial intelligence at the network level.
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December 19, 2024
$1.1B Diablo Canyon Award Challenge Meets Skeptical Judge
A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.
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December 19, 2024
McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'
McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.
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December 19, 2024
2nd Circ. Mulls Dormant Commerce Applicability To Marijuana
A Second Circuit panel appeared conflicted Thursday on whether the dormant commerce clause applies to federally illegal marijuana and, if so, whether New York cannabis regulators still had an interest in ensuring that some cannabis licenses went to locals.
Expert Analysis
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The Future Of GLP-1 Policy After Drug Shortage Ends
If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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2024 Regulatory Developments For Bank-Fintech Partnerships
Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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The Implications Of 2024's AI Rules And Regs For Patent Attys
Christina Huang, John Smith and Devin Stein at Faegre Drinker review this year's new rules and regulations on the development and use of artificial intelligence — from the Biden administration, the U.S. Patent and Trademark Office, the American Bar Association and various states — as they apply to patent attorneys.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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The State Of USPTO Rulemaking At The End Of Vidal's Term
As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.
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How New Merger Filing Rules Will Affect Economic Advocacy
New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.
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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.