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Public Policy
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November 05, 2024
EPA's Superfund 'Blank Check' Dooms PFAS Rule, Groups Say
The U.S. Environmental Protection Agency wrote itself a legal "blank check" to increase the number of chemicals subject to required cleanups under federal Superfund law, industry advocates told the D.C. Circuit.
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November 05, 2024
Boeing Machinists Ratify New Contract, Ending Strike
A majority of 33,000 Boeing employees represented by the Machinists union voted Monday to ratify a new labor contract that includes a 38% wage increase over four years, ending a nearly two-month strike that hampered Boeing's production and cash flow.
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November 05, 2024
GOP Sens. Say NTIA 'Distorting' US Broadband Access
Senate Republicans are accusing Democratic presidential candidate and Vice President Kamala Harris of "manipulating census data" to conceal the number of people using satellite internet, in their latest attack on the Biden administration and Harris, who they have dubbed the "broadband czar."
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November 05, 2024
1st Circ. Doubts Nantucket Has Immunity To Cap Rental Cars
A First Circuit panel on Tuesday appeared open to reviving a challenge to a Nantucket bylaw that limits the number of licenses for rental cars on the vacation getaway, suggesting the policy is not immune under federal antitrust laws.
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November 05, 2024
On Election Eve, Trump Fights Reviving Nixed Charges In Ga.
With voters set to decide on his bid to return to the White House, former President Donald Trump has urged a Georgia state appeals court to reject an attempt by the Fulton County District Attorney's Office to reinstate six criminal charges against him and five of his co-defendants in an election interference case.
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November 05, 2024
FERC Skimped On Pipeline Review, Environmental Groups Say
The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.
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November 05, 2024
Texas Deploys Legal Team Ahead Of Possible Election Fights
The Texas Office of the Attorney General deployed what it called an "Election Day Rapid Response Legal Team" in several major counties to monitor election activity, preparing for potential legal battles arising the day of the election or in its immediate aftermath.
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November 05, 2024
NC Justices' Ruling Invites Judicial Bias, Former Clerk Argues
A former county clerk of courts is trying to undo a recent North Carolina Supreme Court decision that she argues means that only one judge per county has authority to preside over court clerk removal petitions and that specified judges can't recuse themselves when there is a conflict.
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November 05, 2024
NJ Justices To Review Hospitals' Challenge To Charity Care
The New Jersey Supreme Court has agreed to review a group of Garden State hospitals' challenge to a state law provision requiring hospitals to treat patients regardless of the patient's ability to pay, according to a court order.
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November 05, 2024
Conn. Politician Asks To Avoid Jail In Voter Fraud Conspiracy
A former Connecticut city councilor has asked a federal judge to impose a "non-custodial sentence" after he admitted to a misdemeanor tied to a voter fraud conspiracy, citing his lack of criminal history and a need to support his family.
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November 05, 2024
Justices Probe HHS 'Dish' Payment Impact On Rural Hospitals
The U.S. Supreme Court on Tuesday grappled with whether a change to a formula used to calculate billions of dollars in payments every year to hospitals treating a large share of low-income patients would lead to shutdowns of rural and "safety net" hospitals.
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November 05, 2024
Spousal Work Permit Rule Doesn't Need Rethink, Feds Say
The government urged the DC Circuit to deny a full panel hearing to a group of ex-information technology workers challenging a visa work rule, saying the workers hadn't shown that the rule exceeds the U.S. Department of Homeland Security's authority.
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November 05, 2024
DOJ Says Ga. Poll Worker Arrested For Bomb Threat Letter
The U.S. Department of Justice said a Georgia man was arrested on Tuesday after mailing a threatening letter to the superintendent of the Jones County election office in mid-October, a day after the man had served as a poll worker there.
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November 05, 2024
RNC Says Ga. Counties Can't Allow Late Absentee Ballots
Seven Democratic-leaning counties in Georgia have been hit with a lawsuit from the Republican National Committee and its state counterpart trying to block the counties from continuing to accept hand-returned absentee ballots at the "eleventh hour" after the end of early voting last week.
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November 05, 2024
Dems Push Insurance Regulators To Tackle Hurricane Fraud
Three Democrats on the U.S. House Committee on Oversight and Accountability, including ranking member Rep. Jamie Raskin, sent letters to insurance regulators in the states hit by hurricanes Helene and Milton urging them to do more to prevent fraud and dishonesty from insurers looking to avoid covering damages.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 05, 2024
Abortion Ballot Tracker: 7 States Add Protections As Fla. Effort Fails
Residents in seven states voted to enshrine abortion rights in their state constitutions Tuesday while similar efforts failed in three other states, including Florida, where a closely watched and hotly contested ballot issue couldn't muster enough support.
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November 04, 2024
How The Election Results Could Shape Data Privacy Policy
The outcome of Tuesday's national elections will have a significant effect on the direction of efforts to regulate companies' collection and sale of consumer data, with the winners expected to dictate how aggressive an approach federal policymakers and regulators such as the Federal Trade Commission will take.
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November 04, 2024
Adams Loses Bid To Sanction Feds Over Alleged Leaks
A Manhattan federal judge Monday rejected New York City Mayor Eric Adams' bid to sanction the prosecutors handling his bribery and corruption case for allegedly leaking secret grand jury information to journalists, saying he hasn't shown the news articles contain protected information or that prosecutors were behind any leaks.
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November 04, 2024
DOD Trans Healthcare Denial Discriminates, Judge Rules
A Maine federal judge ruled Monday that the U.S. Department of Defense's denial of healthcare coverage for two transgender women's gender-confirmation surgeries violates the Fifth Amendment's equal protection clause, finding that the way the department applied a statutory exclusion discriminated based on sex and transgender status.
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November 04, 2024
SEC Must Prep For Legal Challenges To Regs, Watchdog Says
The U.S. Securities and Exchange Commission should prepare for more litigation over its rulemaking agenda and make sure its new regulations can pass judicial muster, particularly in light of budget constraints, the agency's inspector general warned in a Monday report.
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November 04, 2024
NC Commission Signs Off On Duke Energy Resource Plan
The North Carolina Utilities Commission has signed off on Duke Energy's latest resource plan, with one nonprofit lamenting that the order gives the utility giant "essentially everything it wanted."
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November 04, 2024
Post-Chevron, DC Circ. Wrestles With At-Sea Monitoring Rule
A D.C. Circuit panel on Monday revisited a challenge to federal regulations requiring fishermen to fund the cost of compliance monitors aboard their ships, grappling with how to interpret the federal statute underlying the regulations following the demise of the Chevron deference.
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November 04, 2024
Monsanto Can't Keep Expert PCB Estimates From Seattle Jury
A Washington state judge has slapped down Monsanto's bid to stop a plaintiffs' expert from sharing chemical exposure opinions with jurors in a Seattle PCB poisoning tort, saying on Monday that the company's stance that the testimony is "junk science" relies on an outdated record in a related Court of Appeals case.
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November 04, 2024
Binance Says Lawsuit Can't Connect It To Terrorism Finance
Cryptocurrency platform Binance has asked a New York federal judge to toss a suit alleging the firm helped foster terrorist activity, saying that it "unequivocally condemns all acts of terrorism" and that the complaint does not connect the company to the alleged acts.
Expert Analysis
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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What's In The Cards For CFTC's Election Betting Case
A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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FDIC's Cautious Approach To Industrial Banks, Reaffirmed
Although the Federal Deposit Insurance Corp. recently approved an industrial loan company's deposit insurance application and proposed new rules regarding parent companies, these developments do not represent a liberalization or modernization of the FDIC's regulatory framework, say Max Bonici and Andrew Bigart at Venable.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.