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Public Policy
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November 22, 2024
Trump Taps Hedge Fund Billionaire Bessent To Head Treasury
President-elect Donald Trump on Friday announced that he's selected Scott Bessent, a billionaire hedge fund manager and the founder of Key Square Group, to serve as secretary of the Treasury in his upcoming administration.
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November 22, 2024
Texas Panel Says Gender-Affirming Surgery Suit Too Late
A Texas appellate court has backed a counselor's win in a lawsuit from a former client who came to regret undergoing a double mastectomy following the counselor's recommendation for gender-affirming surgery, finding the claims were time-barred.
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November 22, 2024
Dish To Pay $100K For Failing To Deploy 911 Location Tech
Dish has agreed to pay $100,000 after the Federal Communications Commission said it failed to comply with vertical location rules to help 911 dispatchers find emergency callers.
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November 22, 2024
DOJ Antitrust Head Tracks 'More Aggressive' Criminal Cases
The outgoing head of the U.S. Department of Justice's Antitrust Division used a speech celebrating the anniversary of a major initiative combating bid-rigging and other efforts by government contractors to bilk taxpayer-funded projects to also note that criminal antitrust enforcement more broadly has changed considerably in recent years.
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November 22, 2024
UK Enforcers Concerned Over Apple Mobile Browser Policies
British competition enforcers said Friday that Apple's policies are holding back innovation in the mobile browser space and called for an investigation of the roles played by Apple and Google in the mobile ecosystem under new rules coming into force next year.
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November 22, 2024
Judge Trims Ariz. Reservation Shooting Lawsuit, For Now
A federal district court judge dismissed a majority of claims in a wrongful death lawsuit lodged by the family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents, but left room for an amended complaint once a proper representative of his estate is appointed.
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November 22, 2024
New Congress Could Undo Rules On Drinking Water, Methane
A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.
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November 22, 2024
Hunting Groups Sue Colo. Wildlife Regulators Over Editorial
Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.
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November 22, 2024
Capital One 'Abuses' Cast Pall Over Discover Deal, Dems Say
As the Biden administration winds down with Capital One's bid to buy Discover Financial still pending, progressive Democrats led by Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez are putting renewed pressure on federal bank regulators reviewing the deal.
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November 22, 2024
AG Doesn't Rep NJ Housing Group's Interests, Court Told
A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin.
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November 22, 2024
Feds Slam Utah High Court Case Over Fed. Land Ownership
The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.
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November 22, 2024
Defamation Suit Against Ga. Election Chief Tossed
A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."
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November 22, 2024
Port Operators Can't Join Suit Over Delaware River Project
A Pennsylvania federal judge has ruled two terminal companies waited too long to join in on a case that resulted in the revocation of the approval for a new port project on the Delaware River, reasoning that the companies' claim of having a stake in the outcome of the case was untimely.
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November 22, 2024
Dems Introduce Foreign Work Disclosure Bill For WH Picks
Two Democratic lawmakers introduced a bill that would require presidential nominees to disclose any past work they've done for foreign governments, citing concerns that past nominees had potential conflicts of interest.
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November 22, 2024
Washington Tribe Says City Can't Block Emergency Shelter
A Washington tribe is asking a federal district court judge to block the city of Toppenish from preventing it from opening a 24-hour emergency cold weather shelter, arguing that the attempt violates its inherent sovereign authority and treaty-reserved rights to govern its lands and people.
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November 22, 2024
Senior Dem Asks Schumer For Votes On Circuit Court Picks
Sen. Mazie Hirono, D-Hawaii, a senior member of the Senate Judiciary Committee, on Friday pushed back against a deal Democrats and Republicans cut earlier this week that obligates Democrats to forgo votes on four appellate picks.
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November 22, 2024
Crypto Lobby Asks Trump, Congress To Prioritize Rulemaking
Crypto industry group Blockchain Association sent a letter to President-elect Donald Trump and members of Congress on Friday detailing what the industry feels should be immediate priorities for the next administration, including implementing a regulatory framework for digital assets and installing more crypto-amenable agency heads.
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November 22, 2024
Mich. Justices Want To Know If 3M Water Challenge Is Moot
The Michigan Supreme Court ordered additional briefing Friday in 3M Co.'s challenge to regulations on PFAS in drinking water to address whether subsequent regulatory changes made 3M's lawsuit moot, echoing a focal point of last week's oral arguments in the case.
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November 22, 2024
Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.
U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.
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November 22, 2024
FCC Passes New Rules For Smart Car Tech
The Federal Communications Commission has adopted new rules governing cellular-vehicle-to-everthing technology in the 5.9 GHz band, officially carving out 30 megahertz of spectrum previously reserved for dedicated short-range radio communications for in-vehicle and roadside C-V2X units.
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November 22, 2024
High Court To Review Legality Of FCC's Subsidy Fees
The U.S. Supreme Court agreed Friday to review whether fees collected to support the Federal Communications Commission's array of telecom subsidy programs for low-income consumers, schools and rural healthcare run afoul of constitutional limits on taxing authority.
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November 22, 2024
Fed Bans Ex-CEO Of Bank Felled By Crypto Scam
The former CEO of Kansas' now-shuttered Heartland Tri-State Bank has been banned by the federal government from being a part of the banking industry after stealing $47.1 million from the bank to give to cryptocurrency scammers, leading his bank to fail.
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November 22, 2024
Off The Bench: NBA Ices Media Flap, Paul-Tyson Netflix Suit
In this week's Off The Bench, the NBA settles a high-profile suit regarding its new media rights deal, and Netflix's buggy presentation of the Mike Tyson-Jake Paul fight draws a proposed class action.
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November 22, 2024
IRS Working To Incorporate Feedback On Donor Fund Regs
The Internal Revenue Service continues to work on final rules for the donor-advised fund excise tax and is taking into account public comments on its proposed rules, such as concerns that the definition of donor-advised funds is too broad, an agency official said Friday.
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November 22, 2024
1st Circ. Backs Auction For Bankrupt Farmer's Milk Quota
The First Circuit has affirmed a Puerto Rico regulator's ability to order the sale of a dairy farmer's milk quota despite his pending bankruptcy, ruling the action wasn't blocked by a stay blocking actions that can affect a bankruptcy estate.
Expert Analysis
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Justices Face Tough Question On HHS Hospital Pay Formula
In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Key Healthcare Issues That Hinge On The Election Outcome
The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Crypto.com's Suit Against SEC Could Hold Major Implications
Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.