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Public Policy
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January 06, 2025
9th Circ. Urged To Extend Freeze On Calif. Social Media Law
Tech trade group NetChoice is pressing the Ninth Circuit to stop California from beginning enforcement of a new social media addiction law on Feb. 1, arguing that the lower court "flouted" precedent when it refused to find that restricting minors' access to personalized feeds violates the First Amendment.
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January 06, 2025
S.D. Fla. US Atty Will Leave Before Trump Takes Office
Markenzy Lapointe, the U.S. attorney for the Southern District of Florida, announced Monday that he will resign Jan. 17 ahead of President-elect Donald Trump's inauguration.
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January 06, 2025
Victoria's Secret Hit With $5M Suit Over Fitting Room Denial
A nonbinary Victoria's Secret customer hit the clothing company and a store manager with a $5 million civil rights lawsuit in New York state court Monday, alleging the manager discriminated against them by refusing to let them use a fitting room and telling them they were "in fact, male."
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January 06, 2025
Live Nation Can't Get Intermission In Calif. Antitrust Case
A California federal judge overseeing a private antitrust case against Live Nation denied the company's bid Monday to pause the case for a government enforcement action, saying that the suit was filed first and that exceptions to the "first to file" rule do not apply.
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January 06, 2025
Another Building Contractor Agrees To End No-Hire Pacts
The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.
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January 06, 2025
Biden Signs DC Football Stadium Bill Into Law
President Joe Biden on Monday gave Washington, D.C., government control over a site that could become home to a new stadium for the NFL's Commanders.
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January 06, 2025
New Rules Won't Lift Political Clouds Over Hydrogen Projects
The Biden administration's new rules to make hydrogen production tax credits more accessible for project developers and investors may not move the needle much for the industry given President-elect Donald Trump's vow to at least partially repeal the statute that created the credits.
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January 06, 2025
Booksellers Say End Of Arkansas Law Means Win In Texas
A group of booksellers pointed to an Arkansas judge's ruling striking down a law creating a penalty for the distribution of certain books to minors Monday as it urged a Texas federal judge to reject a bid for a pretrial win in a dispute over a similar law in that state.
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January 06, 2025
NJ Justices Ponder 'Compactness' In Voter Map Dispute
The criteria for "compactness" was the focus of nearly four hours of argument Monday before the New Jersey Supreme Court regarding the question of whether new ward maps in the state's second-largest city were configured in violation of voters' civil rights.
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January 06, 2025
Boeing, DOJ Given More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.
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January 06, 2025
Mass. US Atty To Depart Role Before Trump's Inauguration
Massachusetts U.S. Attorney Joshua Levy will step down from the job Jan. 17 ahead of President-elect Donald Trump's inauguration, his office announced Monday evening.
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January 06, 2025
FCC Requires Reports Following TV Program 'Blackouts'
The Federal Communications Commission has voted to require multichannel video program distributors to report when programming "blackouts" occur due to impasses in carriage talks with broadcasters.
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January 06, 2025
FCC Chief Floats Spectrum Sale To Fund Network Security
The outgoing head of the Federal Communications Commission on Monday proposed to quickly get a spectrum auction off the ground with proceeds going toward a key U.S. network security program.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
Newsom Says No New Taxes, No Deficit, In Early Budget Look
California Gov. Gavin Newsom pledged Monday not to raise taxes in the upcoming budget cycle for the state, while providing an early look at a $322 billion budget that differs from the previous two years by not having a deficit.
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January 06, 2025
Pa. Licensing Law For Vape-Makers Flawed, Panel Finds
Part of Pennsylvania's law regulating licenses for e-cigarette manufacturers is unconstitutional because it gives legislative power to the state's Department of Revenue, an appellate court has ruled in an issue of first impression.
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January 06, 2025
DC Judge Denies Atty's Bid To Hasten Search For DEA Leak
A D.C. federal judge Monday denied a Texas attorney's bid to force the U.S. Drug Enforcement Administration to turn over purported communications between agency personnel and anti-legalization activists regarding a proposal to loosen federal restrictions on marijuana.
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January 06, 2025
No Fox Philly License Hearing Means 'Dereliction,' FCC Told
With just two weeks left before President-elect Donald Trump takes office and Republicans gain control of the Federal Communications Commission, a group of anti-Fox News advocates are calling out the commission for failing to hold any hearings on Fox's Philadelphia affiliate's license renewal.
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January 06, 2025
High Court Must Adopt New Voting Standard, Justices Told
Montana Secretary of State Christi Jacobsen is asking the high court to adopt a standard to measure state courts' interpretations of law on the regulation of federal elections, arguing that the justices have an opportunity to correct an earlier opinion that says plaintiffs can challenge a state election map's constitutionality.
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January 06, 2025
Judge Rejects Rape Kit Seller's 2nd Bid To Pause Wash. Ban
A Washington federal judge has denied a request for an injunction pending appeal by a company challenging the state's ban on the sale of "DIY" DNA collection kits for sexual assault survivors, reiterating his prior ruling that the law passes constitutional muster because it regulates conduct and not speech.
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January 06, 2025
T-Mobile's Lax Policies Led To 2021 Data Hack, Wash. AG Says
Washington's attorney general on Monday accused T-Mobile of repeatedly ignoring cyber-threat warnings leading up to a 2021 data breach that exposed sensitive personal data belonging to more than 2 million customers in the state.
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January 06, 2025
Pa. Lawmaker's 'Defamatory' Memo Is Deemed Immune
Legislative immunity protects a Pennsylvania state senator from an energy executive's claims that he was defamed with a memo about legislation to close a legal loophole associated with his name, according to a ruling from a state appellate court.
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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.
Expert Analysis
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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FTC Picks Augur Pro-Business Bent For Much Of Economy
President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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8 Trends And Predictions Following PE's Late 2024 Surge
Private equity will remain at the forefront of value creation in 2025, and anticipated market trends include sponsors' desire to return capital to investors and a more business-friendly tack by the Antitrust Division of the U.S. Department of Justice, say attorneys at Weil.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.