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Public Policy
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January 06, 2025
Biden OKs Social Security Fix In Move Cheered By Unions
Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.
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January 06, 2025
DOD Tells DC Circ. It's Pondering New Time-In-Service Regs
The U.S. Department of Defense told the D.C. Circuit that litigation over its scrapped time-in-service requirements for immigrant soldiers to be eligible for naturalization is not moot, because it may issue new requirements — an assertion that soldiers who successfully challenged the policy panned.
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January 06, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission successfully blocked Kroger's purchase of Albertsons while continuing to battle with Tempur Sealy and its planned buy of Mattress Firm, and Novo Nordisk managed to finalize its purchase of Catalent. Here, Law360 takes a look at some of the major merger review developments from December.
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January 06, 2025
DOJ Backs Later 30-Day Window For Removal Appeals
The federal government told the U.S. Supreme Court that a 30-day deadline for noncitizens to challenge removal orders only applies for purposes of judicial review when proceedings in lower tribunals conclude, not when the initial removal orders are issued.
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January 06, 2025
Ill. Bill Aims To Extend Affordable Housing Tax Break Deadline
Illinois would allow some owners of affordable rental housing until the end of 2037 to apply for a reduction in their property's assessed value for tax purposes as part of a bill introduced in the state Senate.
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January 06, 2025
Frontier Tests DC Airport Slot Exemptions At DC Circ.
Frontier Airlines Inc. is contesting a decision from federal transportation regulators to exclude the budget carrier from a list of airlines allowed to operate new long-distance flights out of Reagan National Airport, just outside Washington, D.C.
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January 06, 2025
NC Justices To Decide Ballot Challenge In High Court Race
A Republican appellate judge looking to throw out more than 60,000 votes in his race for a seat on the North Carolina Supreme Court succeeded Monday in getting his legal challenge kicked back to the Tar Heel State's top court, with a federal judge finding it wasn't his place to decide the matter.
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January 06, 2025
On Capitol Riot Anniversary, DOJ Update Says 1,500 Charged
On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.
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January 06, 2025
FCC Warns Of $2.3M Pirate Radio Fine In Boston
The Federal Communications Commission on Monday warned a Dorchester, Massachusetts, property owner of a potential fine reaching more than $2.3 million for an alleged pirate radio operation.
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January 06, 2025
New Joint Bar Task Force To Tackle Indigent Defense In NYC
The New York City Bar Association announced Monday that it has teamed up with the city's county bar associations to form a task force assessing the NYC Assigned Counsel Plan, which assigns lawyers to indigent people in criminal and family courts who can't be served by institutional legal service providers.
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January 06, 2025
Biden Closes Off Coastal Areas To Offshore Drilling
President Joe Biden on Monday announced a ban on new offshore oil and gas drilling in more than 625 million acres of U.S. waters on the Atlantic and Pacific coasts and in Alaska after determining that the environmental and economic risks and harms outweigh the benefits of drilling.
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January 06, 2025
Jenner & Block Faces DQ Bid In Casino Project Dispute
Three Native American tribes want Jenner & Block LLP disqualified from a lawsuit that seeks to block the construction of a new casino in Oregon, claiming the firm previously represented them in the same dispute.
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January 06, 2025
Insurance Execs Seek Defense Costs For Self-Dealing Suit
Insurance company executives who were fired amid accusations they stole assets from their company to start a competing venture demanded coverage for the dispute from their new business's insurer in Georgia Federal Court.
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January 06, 2025
FTC Blasts Tempur Sealy's New Floor-Space Promise
The Federal Trade Commission told a Texas federal court a revised commitment from Tempur Sealy to preserve floor space for rivals in Mattress Firm stores would not restore the competition lost by a merger of the companies because it cannot be enforced.
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January 06, 2025
NY Pot Agencies Want Hemp Regulations Challenge Tossed
New York's state cannabis regulators are urging a federal court to throw out a challenge to its new hemp regulations, saying that the new rules are necessary to close a loophole through which retailers were selling products that were technically hemp, but are as intoxicating as cannabis.
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January 06, 2025
US Wants More Time To Counter Altria's $106M Tax Refund Bid
Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.
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January 06, 2025
Fed's Barr To Step Down As Supervision Head Next Month
Federal Reserve Vice Chair for Supervision Michael S. Barr announced Monday that he will step down from his current role next month, a reversal that paves the way for President-elect Donald Trump to appoint his own head of the central bank's oversight of big banks and regulatory policymaking.
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January 06, 2025
Trudeau Steps Down As US-Canada Trade Tensions Simmer
Canadian Prime Minister Justin Trudeau announced Monday that he will resign as the leader of the country's Liberal Party, setting off a process to replace him as head of state in the coming months.
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January 06, 2025
Judge Denies Trump's Request To Delay Jan. 10 Sentencing
A New York state judge on Monday denied Donald Trump's request to suspend his Jan. 10 sentencing in his hush money case as the president-elect simultaneously appealed the court's refusal to throw out the charges based on presidential immunity.
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January 06, 2025
Satellite Co. Ligado Hits Ch. 11 With $8.6B Of Debt
Satellite business Ligado Networks filed for Chapter 11 protection in Delaware bankruptcy court with about $8.6 billion of debt and a plan to hand control of the company to creditors after suffering what its chief executive called "catastrophic" losses allegedly caused in part by the U.S. Department of Defense.
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January 06, 2025
Connecticut US Attorney Avery To Resign Jan. 17
The U.S. attorney for the District of Connecticut on Monday announced her resignation effective just before the stroke of midnight the Friday before the presidential inauguration.
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January 03, 2025
3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch
New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.
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January 03, 2025
George Santos Wants Fraud Sentencing Delayed For Podcast
Expelled U.S. Rep. George Santos on Friday urged a New York federal judge to delay sentencing in his federal fraud case for six months, saying he needs time to earn money through his new "Pants On Fire" weekly gossip podcast to pay roughly $580,000 owed in restitution and forfeiture.
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January 03, 2025
Feds Fight Trump-Backed Bid For Justices To Stop TikTok Ban
The Biden administration on Friday urged the U.S. Supreme Court to reject a call backed by President-elect Donald Trump to freeze the looming deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, arguing that the video-sharing app's First Amendment claims continue to fall flat.
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January 03, 2025
Boeing, DOJ Say No Agreement Yet For Revised 737 Max Plea
The Boeing Co. and the U.S. Department of Justice told a Texas federal judge Friday they have not yet reached an agreement on how to revise the aircraft manufacturer's plea agreement in the 737 Max criminal conspiracy case, after the judge last month rejected the initial deal.
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.