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Public Policy
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January 10, 2025
Conn. GOP Eyes McCarter & English Partner For US Atty Role
Connecticut's Republican Party chair says the state's next top federal prosecutor should be someone with qualifications that mirror a McCarter & English LLP partner whose three decades in the U.S. attorney's office would make him a logical fit, although Donald Trump's selection could carry "wildcard potential," one observer noted.
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January 10, 2025
Treasury Floats Rules For Commercial Green Vehicle Credits
The U.S. Treasury Department and the Internal Revenue Service proposed rules Friday for obtaining tax credits for commercial green vehicles under provisions of the Inflation Reduction Act, suggesting ways for determining the credit amount and identifying which vehicles are eligible.
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January 10, 2025
DHS Adds Romania To Visa Waiver Program
U.S. Secretary of Homeland Security Alejandro N. Mayorkas on Friday designated Romania as a participant in the visa waiver program, allowing most Romanian citizens to travel to the U.S. for tourism or business for up to 90 days without having to obtain a visa.
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January 10, 2025
Advocates Press For Renewed Broadband Subsidy Bill
A public interest group on Friday pushed the new Congress to renew a broadband subsidy for low-income households that ran out of money last year.
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January 10, 2025
DHS Extends Temporary Protections For 4 Countries
The U.S. Department of Homeland Security extended the temporary protected status for El Salvador, Venezuela, Sudan and Ukraine on Friday for 18 months, citing a wide array of humanitarian conditions in the countries that prevent individuals from safely returning.
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January 10, 2025
DOJ Sues To Block Amex GBT's $570M Deal For Rival CWT
The U.S. Department of Justice filed a lawsuit Friday seeking to block American Express Global Business Travel Inc.'s planned $570 million acquisition of corporate travel management rival CWT Holdings LLC.
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January 10, 2025
Trump Avoids Jail As Judge Points To Presidential Status
A New York state judge on Friday spared President-elect Donald Trump any incarceration for his 34-count felony hush money conviction, citing the changed legal landscape, which affords the chief executive with "extraordinary legal protections."
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January 09, 2025
Fox Corp. Can't Ax Smartmatic's Defamation Suit, Panel Says
Fox Corp. will have to face a defamation claim in voting technology company Smartmatic's $2.7 billion lawsuit alleging the media company exercised control over allegedly harmful news coverage during the 2020 presidential election, a New York state appellate court ruled Thursday.
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January 09, 2025
Tort Report: Philadelphia Tops Annual 'Judicial Hellhole' List
Philadelphia's designation by a tort reform group as a top "judicial hellhole" and the nation's largest medical malpractice verdict ever lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
Target Brass Face Derivative Suit Over DEI Fallout
Target Corp.'s executives and directors have been hit with a shareholder derivative suit in Florida federal court alleging that the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ+ merchandise harmed investors.
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January 09, 2025
Texas Hits TikTok With Another Suit Over Child-Online Safety
Texas hit TikTok with another lawsuit in the Lone Star State court following similar consumer protection suits, accusing the social media giant — which is facing a ban in the U.S. — of deceptively marketing its purportedly addictive app as safe for minors despite letting explicit material run rampant on the platform.
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January 09, 2025
Wash. Seeks To Ease Legal Practice Path For Military Spouses
Washington's state courts are considering rule changes to make it easier for attorneys married to military members and graduates of law schools not accredited by the American Bar Association to practice law in the state, part of a series of moves to reduce barriers to the legal profession.
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January 09, 2025
CFPB Hit With 2nd Suit Over Medical Debt Reporting Rule
The Consumer Financial Protection Bureau has been hit with a second lawsuit challenging its new rule that would wipe billions of dollars in medical debt off consumer credit reports, with ACA International filing a complaint in Texas federal court arguing healthcare markets are outside the agency's regulatory authority.
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January 09, 2025
Amgen Says Enbrel Protected By Legit Patents, Rulings
Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.
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January 09, 2025
Fla. Condos Tied To Sanctioned Russians Transferred To Feds
The U.S. government has taken ownership of two Florida luxury condominiums allegedly tied to Russians sanctioned for their roles in the annexation of the Ukrainian region of Crimea in 2014 and for their involvement in the properties being used to launder rental proceeds.
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January 09, 2025
5th Circuit Wrong To Toss Subsidy Fund, FCC Tells High Court
The Federal Communications Commission urged the U.S. Supreme Court to overturn last year's Fifth Circuit decision gutting the FCC's multibillion-dollar subsidy fund, arguing the appeals court got it wrong in finding Congress unlawfully relinquished its taxing powers.
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January 09, 2025
AT&T Settles Suit Over Faux Pine Tree Antennas
AT&T is dropping its suit against the city of Walla Walla, Washington, over a 65-foot-tall utility pole that was slated to look like a pine tree, agreeing to use a separate location just outside the city limits.
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January 09, 2025
Inventor Group Warns Of Issa's Return As House IP Panel Chair
Policy outfit US Inventor Inc. has spoken out against the return of Rep. Darrell Issa, R-Calif., to head the U.S. House subcommittee overseeing intellectual property in the new Congress, warning on Thursday Issa's leadership role will have distressing affects on American startups and innovators while benefiting foreign competitors in other countries like China.
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January 09, 2025
Colo. Oil Co. Says Unfair Order Threatens Its Demise
Oil and gas operator K.P. Kauffman Co. Inc. is asking a Colorado state judge to scrap a $5.8 million penalty against it, claiming regulators unlawfully imposed an unfair order that threatens to drive it into insolvency and bankruptcy.
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January 09, 2025
Biden's Title IX Gender Identity Rule Struck By Ky. Judge
A Kentucky federal judge on Thursday struck down the Biden administration's expansion of Title IX to include gender identity, saying the rule "impermissibly redefines discrimination on the basis of sex" in excess of U.S. Department of Education authority.
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January 09, 2025
ND Voting Laws May Be Undone In 8th Circ., Justices Told
Two local North Dakota Republican Party officials are urging the Supreme Court to take up their bid to reverse a lower court's ruling over newly created subdistricts for Native American voters, arguing that the "highly unusual" procedural posture of similar suits in the Eighth Circuit are likely to be overturned.
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January 09, 2025
Wash. Justices Won't Review $160M Seattle Property Tax Win
Seattle can keep $160 million in property taxes for waterfront improvements, after Washington's Supreme Court declined to review a lower appellate court's ruling rejecting property owners' bid to recalculate the tax to reflect the hit property values had taken from COVID-19.
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January 09, 2025
Kroger Drops FTC Constitutionality Fight After Nixed Merger
Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.
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January 09, 2025
4th Circ. Asked To Pause NC High Court Ballot Challenge
North Carolina election officials have asked the Fourth Circuit to press pause on a Republican judge's efforts to plow ahead with his state Supreme Court challenge seeking to throw out votes in his race for an associate justice seat, while his Democratic challenger called for expediency.
Expert Analysis
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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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.