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Public Policy
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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.
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December 19, 2024
Fed, OCC 'Asleep At Wheel' On Merger Policy, Warren Says
Sen. Elizabeth Warren on Wednesday accused top federal bank regulators of blowing off calls for tougher merger scrutiny and leaving the financial system exposed to dangerous megadeals, blasting them as "asleep at the wheel" as the Capital One-Discover merger inched closer to approval.
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December 19, 2024
Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight
A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.
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December 19, 2024
Generic-Drug Cos. Get State AGs' Trial Order Flipped
A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.
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December 19, 2024
CMA Issues Guidance For New Digital Competition Rules
Britain's Competition and Markets Authority released guidance Thursday laying out how the agency intends to use its new powers to impose rules and obligations on large technology companies, ahead of the regime's launch next year.
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December 19, 2024
Outgoing Wash. Gov. Proposes Wealth Tax In Budget
Washington state would levy a 1% tax on residents with worldwide wealth of more than $100 million and increase taxes on businesses under a budget proposal from outgoing Gov. Jay Inslee.
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December 19, 2024
Ex-AT&T Exec Gets New Bribery Trial Date After Jury Deadlock
The former head of AT&T's Illinois division, who is accused of bribing ex-Illinois House Speaker Michael Madigan, will be tried again in June after his case resulted in a hung jury earlier this year, a federal court judge said Thursday.
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December 19, 2024
NJ Unclaimed Property Law Targeted In Class Claims
A Chilean citizen on Thursday filed proposed class claims challenging the constitutionality of New Jersey's unclaimed property law, alleging that the state often auctions or sells off abandoned real estate without any prior notice to owners — which purportedly include pop superstar Taylor Swift — and keeps the proceeds for its own use.
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December 19, 2024
The Top 5 Immigration Cases Of 2024: Year In Review
The Biden administration settled several lawsuits over family separations that happened under the Trump-era zero tolerance policy and persuaded courts that three state immigration laws infringe on federal authority over immigration enforcement. Here, Law360 looks back at five significant litigation developments in 2024 that bear on immigration policy.
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December 19, 2024
Graphite Cos. Seek Up To 920% Tariffs On Chinese Products
A group of graphite producers is asking the federal government to impose tariffs as high as 920% on Chinese rivals to hamper that country's alleged tactics of producing and exporting natural and synthetic graphite at low, unfair prices.
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December 19, 2024
FCC Chief Floats Spectrum Revamp For Space Launches
The Federal Communications Commission is eyeing new rules to revamp the spectrum band running from 2360-2395 megahertz to make room for commercial space launches.
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December 19, 2024
Denmark Says $500M Recovered In Dividend Tax Fraud Suits
Denmark's tax administration has recovered a total of 3.6 billion Danish kroner ($500 million) in money lost to suspected dividend tax refund fraud after entering settlements of civil cases in several countries in 2024, Denmark's tax minister announced.
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December 19, 2024
Commerce Tightens Grip On State-Controlled Businesses
The U.S. Department of Commerce on Thursday finalized a suite of changes enhancing its power to set duties on unfairly priced imports, including a bevy of new rules aimed at placing higher duties on companies that are effectively controlled by nonmarket economy governments.
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December 19, 2024
Tencent Removes 2 Epic Directors Following DOJ Scrutiny
Two Epic Games directors appointed by Tencent Holdings are stepping down from Epic's board after the U.S. Department of Justice said their positions could constitute antitrust law violations, the agency has announced.
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December 19, 2024
GOP Candidate For NC Top Court Wants 'Unlawful' Votes Axed
A Republican jurist trailing his Democratic opponent in the North Carolina Supreme Court race wants to stop the state Board of Elections from counting what he characterized as "unlawful ballots" after officials last week refused to throw out more than 60,000 votes at his behest.
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December 19, 2024
NYC Mayor Says Indictment Lacks Detail, Hampering Defense
New York City Mayor Eric Adams told a Manhattan federal judge that the bribery and corruption charges against him are vague as to what he allegedly agreed to do and who he agreed to do it with, hindering his ability to defend himself.
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December 19, 2024
Cos. Press Justices To Review Contractors Min. Wage Dispute
Opposite opinions over the scope of the president's authority "cry out" for the U.S. Supreme Court intervention in a case challenging President Joe Biden's increase of the federal contractors' hourly minimum wage, two outdoor groups said, pointing to a Ninth Circuit's decision axing the wage hike.
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December 19, 2024
NYC Mayor's Former Top Adviser Charged With Bribery
Manhattan prosecutors on Thursday announced bribery and money laundering charges against Ingrid Lewis-Martin, the former chief adviser to New York City Mayor Eric Adams, accusing her of using her influence to help two developers secure city approvals for hotel and bar construction projects in exchange for $100,000 in bribes.
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December 18, 2024
Sens. Hear Split Views On Bill To Boost Patent Injunctions
A bill that would make it easier to obtain patent injunctions got a divided reaction at a Senate hearing Wednesday, with the sponsor and some speakers saying it would benefit patent owners and critics calling it an unnecessary change that only aids patent assertion entities.
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December 18, 2024
Feds Get Judge's OK On $150M Lower Passaic Pollution Deal
A New Jersey federal judge Wednesday signed off on the federal government's $150 million consent decree with 82 companies that share some responsibility for the Garden State's Lower Passaic River pollution, calling the agreement "an important next step" in holding the companies accountable and furthering cleanup efforts.
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December 18, 2024
OCC Orders 'Comprehensive' Remedial Action For USAA Bank
The Office of the Comptroller of the Currency on Wednesday hit USAA Federal Savings Bank with curbs on new product additions and membership growth as part of a fresh consent order that follows prior enforcement actions against the military-focused bank.
Expert Analysis
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Opinion
How Trump Admin Should Address Indian Country Priorities
The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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Preparing For More Limber Federal Supply Chain Oversight
Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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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.