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Public Policy
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December 11, 2024
After Veto Threat, Courts Warn Need For More Judges Urgent
Following President Joe Biden's veto threat of a bill to add more federal judgeships, the Administrative Office of the U.S. Courts warned Wednesday that there is an urgent need for more judges despite the White House's claim that there's no immediate need to create more seats.
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December 11, 2024
DC Circ. Lets Pipeline Safety Rule Remain Amid Agency Fix
The D.C. Circuit has agreed to leave in place one of four new safety standards for gas transmission pipelines while the U.S. Department of Transportation works to amend them, after an industry group said not doing so could cause unnecessary repair costs.
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December 11, 2024
FBI Director Wray To Resign Before Trump's Inauguration
FBI Director Christopher Wray said Wednesday he will resign in January at the end of President Joe Biden's term, averting what was expected to be his dismissal when President-elect Donald Trump takes office.
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December 11, 2024
Developer, Feds Ask Justices To Pass On Offshore Wind Case
The federal government and Vineyard Wind 1 LLC are urging the U.S. Supreme Court to reject a Massachusetts group's latest bid to block the large offshore wind farm taking shape in waters off Nantucket and Martha's Vineyard.
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December 11, 2024
Ariz. Ending Local Taxes On Long-Term Residential Rentals
Long-term rentals of residential property in Arizona will no longer be subject to local taxes or fees after Jan. 1 under recent legislation, the state Department of Revenue said Wednesday.
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December 11, 2024
CFPB's Chopra Won't Head For Exit Ahead Of Trump's Arrival
Consumer Financial Protection Bureau Director Rohit Chopra signaled Wednesday that he won't leave his post early unless and until the incoming Trump administration fires him next month, indicating that he plans to keep running the agency in the meantime.
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December 11, 2024
Albertsons Sues Kroger In Chancery After Blocked Megadeal
Grocery giant Albertsons, in a Wednesday lawsuit in the Delaware Court of Chancery, said Kroger did not put forth its "best efforts" into getting their planned $24.6 billion megamerger cleared while also announcing official plans to nix the deal, moves that came just one day after two judges blocked the proposed acquisition.
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December 10, 2024
3rd Circ. Judge Unsure Subpoena Chills Anti-Abortion Donors
A Third Circuit panel on Tuesday weighed whether an anti-abortion pregnancy center would suffer irreparable harm absent a court order blocking the enforcement of a subpoena seeking information about its donors, questioning whether donors would be imminently chilled if their names are disclosed to New Jersey investigators.
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December 10, 2024
Abu Ghraib Torture Plaintiffs Say CACI Shoudn't Get New Trial
Former prisoners tortured at the Abu Ghraib military prison in Iraq, who were recently awarded $42 million in a case against defense contractor CACI, have pushed back at the company's request for a new trial, arguing it was rehashing arguments already rejected by the court.
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December 10, 2024
Property Manager At Center Of Gang Claims Sues Colo. AG
A property management company caught up in a national controversy following allegations a Venezuelan gang had taken over some of its buildings in Aurora, Colorado, is suing the state to block probes by the state's attorney general into the company's management of its properties.
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December 10, 2024
Feds Propose Enviro Protections For Monarch Butterfly
The U.S. Fish and Wildlife Service issued a proposed rule on Tuesday that would list the monarch butterfly as a threatened species under the Endangered Species Act and designate 4,395 acres of critical habitat in coastal California.
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December 10, 2024
Use Of 1798 Law For Mass Removals Could Be Tough Sell
If President-elect Donald Trump follows through with his promise to invoke the Alien Enemies Act of 1798 to deport millions of unauthorized immigrants, he may have an uphill battle convincing federal courts that the law can be used to quell an immigrant "invasion."
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December 10, 2024
9th Circ. Says Idaho Can't 'Veto' Federal Law In Abortion Row
The Ninth Circuit seemed poised on Tuesday to turn away fresh arguments from Idaho officials claiming a state abortion ban does not conflict with a federal emergency stabilizing law, after the officials said the federal government can't impose conditions on private hospitals receiving Medicare funds.
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December 10, 2024
5th Circ. Asks ATF Where To 'Draw The Line' In Trigger Ban
A Fifth Circuit panel has pressed the government on how so-called "forced reset triggers" are different from bump stocks, asking where it was supposed to draw the line to determine whether the triggers turn semiautomatic firearms into federally banned machine guns.
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December 10, 2024
Kid Climate Activists Ask Justices To Save Twice-Nixed Case
Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.
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December 10, 2024
FCC Gives Church, Not University, Ill. Low Power FM Station
A Pentecostal church has won a face-off with a Christian university over which one of them would get to build and run a new low power FM station in the northern Chicago suburbs after the Federal Communications Commission compared their applications and heard a complaint.
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December 10, 2024
Google Takes Aim At Ad Tech Antitrust Claims In States' Suit
Google has blasted the lawsuit accusing it of illegally manipulating the advertising market, saying that Texas and the roughly dozen other states behind the litigation are "playing a shell game" in which they serially amend their complaints to "avoid the weaknesses of their antitrust claims."
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December 10, 2024
Ga. Justices Say Courts To Decide Whether Utilities Are Taxes
A Georgia trial court wrongly decided it could not judge whether a county's utility rates are a backdoor tax on property owners, the state's highest court said Tuesday, ruling that a restriction on the state Legislature's power to "regulate or fix" rates doesn't bar review by the judicial branch.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
Mich. Panel Advances Bill To Raise Med Mal Damage Caps
Michigan lawmakers could increase the state's caps on certain medical malpractice damages and lift damages caps entirely in cases of extreme misconduct under a proposal approved by a state Senate committee Tuesday.
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December 10, 2024
Utah Counties' Narrow NEPA Test Meets High Court Critics
Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.
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December 10, 2024
FinCEN Says CTA Still Constitutional In Post-Injunction Alert
The Financial Crimes Enforcement Network has alerted companies that they do not currently need to file so-called beneficial ownership information with the agency after a federal judge's nationwide preliminary injunction blocking the Corporate Transparency Act, though the bureau maintained that the law calling for such information is constitutional.
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December 10, 2024
Michigan Tribe Asks High Court To Undo Land Trust Order
A Michigan tribe is asking the Supreme Court to overturn a decision that rejected its bid to compel the federal government to take land into trust for a casino venture outside Detroit, arguing that if the ruling is left to stand, it will forever impair its ability to achieve economic self-sufficiency.
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December 10, 2024
Pa. Deputy AG, Calif. Judge Confirmed To Federal Bench
The U.S. Senate on Tuesday confirmed Keli M. Neary, an executive deputy attorney general for the state of Pennsylvania, to serve as a federal judge for the Middle District of Pennsylvania and Judge Cynthia Valenzuela Dixon for the Central District of California.
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December 10, 2024
6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections
A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.
Expert Analysis
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion
Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Federal Embrace Of Crypto Regs Won't Lower State Hurdles
Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A View Into NY's New Business Interruption Insurance Law
In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Unpacking Arguments From High Court's Rural Hospital Case
During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.