Analysis

6 Opinions To Read Before High Court's Chevron Arguments

The U.S. Supreme Court will consider Wednesday whether to overturn a decade= s-old doctrine that instructs courts to defer to federal agencies' interpre= tations of ambiguous statutes, arguments in which nearly two dozen of the j= ustices' prior writings may be used to persuade them to toss the controversial court precedent.

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High Court Skeptical Of Texas' Defense In Takings Case

Both conservative and liberal U.S. Supreme Court justices questioned Tuesda= y how the state of Texas could avoid paying compensation to a landowner who= had to contend with storm-related flooding on his land after the state ins= talled a concrete wall on an interstate highway median.

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Judge Blocks $3.8B JetBlue-Spirit Merger

A Massachusetts federal judge on Tuesday blocked a proposed $3.8 billion me= rger between JetBlue Airways Inc. and Spirit Airlines, finding in a lengthy= order that the deal would stifle competition in the low-cost carrier marke= t.

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Justices Won't Review Epic's App Store Fight With Apple

The U.S. Supreme Court declined Tuesday to hear appeals from both Apple and= Epic Games contesting aspects of a Ninth Circuit ruling that found Apple's= App Store policies do not violate federal antitrust law but that some are = illegal under California's unfair competition statute.

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Trump Gag Order Not Constitutional Issue, NY Top Court Says

New York's top appellate court on Tuesday rejected Donald Trump's initial c= hallenge to gag orders issued during the state attorney general's civil fra= ud case that limited his ability to comment on court staff, ruling that the= former president failed to raise a "substantial constitutional question."

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DC Circ. Won't Reconsider Ruling On Trump's Twitter DMs

The D.C. Circuit on Tuesday rejected a request from X, formerly Twitter, to= revisit their affirmance of a court order allowing special counsel Jack Sm= ith to obtain messages from Donald Trump's account on the social media plat= form without alerting the former president.

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'Make Him Stop': Carroll Seeks Damages In 2nd Trump Trial

Donald Trump ruined writer E. Jean Carroll's reputation after she accused h= im of sexual assault in 2019 and has continued the attacks to this day, Car= roll's counsel argued Tuesday while telling a Manhattan federal jury, "= ;It's time to make him stop" with a hefty damages award.

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Trump Atty Tacopina Exits Ahead Of Hush-Money Trial

New York defense attorney Joseph Tacopina said he is no longer representing= Donald Trump, including in the former president's upcoming criminal hush-m= oney trial and a federal sexual assault lawsuit.

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White Residents Denied Class Cert. In NC City Board Bias Suit

A group of white residents who claim a North Carolina city's appointment pr= ocess for a volunteer commission is discriminatory lost their bid for class= certification this week when a federal judge found there were, at most, ju= st nine members who qualified for class treatment.

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Claims Of Trump Ally Election Hack Arise In Ga. Voting Trial

A hack allegedly carried out by co-defendants of former President Donald Tr= ump in the Georgia election interference case took center stage Tuesday dur= ing the second week of trial in the lawsuit over whether Georgia's vot= ing machines are so vulnerable to security issues that they violate voters' rights.

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Crypto Group Says It Has 'No Obligation' To Answer Warren

Crypto policy group Coin Center has rebuffed Sen. Elizabeth Warren's demand= for information about its employment of former government officials, = telling the Massachusetts Democrat that it has "no obligation" to= answer her queries about its ties to former defense, national security and law enforcement officials.

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DC Circ. Signals Mining Dereg Ruling Will Be Text-Based

The D.C. Circuit on Tuesday appeared amenable to an environmental coalition= 's 15-year-old challenge to a Bush-era regulation that removed limits on ho= w much nonmineral public land can be used for secondary mining operations.

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Mont. High Court Won't Halt Kids' Win In Climate Suit

A Montana state court's ruling that invalidated laws barring the considerat= ion of greenhouse gas emissions in permitting decisions will stay in place,= after the state's high court on Tuesday rejected the Montana attorney gene= ral's request for relief from and a stay of the ruling.

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21 States Urge Court To Block Feds' Highway GHG Rule

A coalition of Republican-led states asked a Kentucky federal judge to bloc= k the U.S. Department of Transportation's recently finalized Greenhouse Gas= Emissions Rule, which requires all states to set declining targets for on-= road carbon dioxide emissions and report them no later than Feb. 1.

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US, Fla. Ask Court To Not Block Permit Decisions

The federal government and Florida are urging a D.C. federal judge to rejec= t a request by conservation groups for a preliminary injunction that would = block the Sunshine State from issuing Clean Water Act permits to two large = mixed-use development projects, calling it an unwarranted bid to upend ongoing permit applications and rev= iew processes.

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Fed. Circ. Won't Elaborate On Gaming Co.'s PTAB Concerns

The Federal Circuit closed out an intense argument about whether it had jur= isdiction to review a particular Patent Trial and Appeal Board institution = decision, and whether the board's structure was constitutionally flawed, by= affirming the underlying decision Tuesday without further comment.

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Sen. Tillis Warns Biden Against Seizing Drug Patents

A Republican senator who used to chair the chamber's intellectual property = subcommittee complained on Tuesday, for the second time in a month, about t= he Biden administration's proposal to seize drug patents in order to lower = the cost of drugs that were developed with taxpayer funding.

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Feds Say LNG-By-Rail Rule Was Done By The Book

The federal government has told the D.C. Circuit that it lawfully crafted a= rule permitting bulk rail transport of liquefied natural gas in the last y= ear of the Trump administration, even though the Biden administration has s= uspended the rule and is working on amending it.

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NJ Rips Feds, NYC Over 'Unconstitutional' Congestion Pricing

New Jersey said Tuesday that New York's plan to charge all drivers a fee to= enter midtown Manhattan unlawfully discriminates against lower-income Gard= en State drivers, as it sought permission to add two plaintiffs to its fede= ral lawsuit seeking to block New York's congestion pricing plan.

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Seattle Cancer Center Sued For Alleged Anti-Trump DEI Push

A former clinical social worker for Seattle's Fred Hutchinson Cancer Center= claims her co-workers there labeled her a white oppressor, despite her Jew= ish heritage, and management fired her in retaliation for objecting to dive= rsity programming as laden with "woke" identity politics, according to a lawsuit filed in Washin= gton federal court Tuesday.

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Google Says States Lack Standing To Pursue Ad Tech Suit

Google urged a Texas federal judge on Tuesday to toss an antitrust suit by = a coalition of 17 states accusing the tech giant of monopolizing online adv= ertising, saying the states don't have standing to use the federal court &q= uot;to collectively enforce federal and state laws against a private actor."

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App Makers Take 'Egregious' 9th Circ. Ruling To High Court

App developers went scorched earth Monday against Apple and the Ninth Circu= it in a U.S. Supreme Court application accusing the federal appeals court o= f "egregious error and apparent protectionism" in declining to re= vive antitrust allegations over the rejection of COVID-19-tracking and bitcoin apps from the App Store.

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Hospital Groups Nationwide Slam Online Tracking Restrictions

Federal guidance restricting the use of online tracking technology in healt= hcare has disrupted the ability of hospitals to reach underserved communiti= es and connect the public with accurate medical information, 17 state hospi= tal associations told a federal court.

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Brandeis Immune From Students' Pandemic Refund Case

A new Massachusetts law has cut Brandeis University free from a lawsuit by = students seeking refunds for tuition they paid while the school transitione= d to online learning during the coronavirus pandemic.

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Texas Justices Find For Doctor In Child's Snake Bite Care

A Texas doctor isn't liable for her treatment of a child's rattlesnake bite= , with the state Supreme Court concluding a four-hour delay in administerin= g antivenom fell squarely within the hospital's treatment guidelines for sn= akebites.

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High Court Won't Hear Wash. Capital Gains Tax Case

The U.S. Supreme Court declined on Tuesday to decide whether Washingto= n state's tax on capital gains, enacted three years ago amid strident oppos= ition, is permissible under the U.S. Constitution.

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Hunter Biden Can't Sue Attys Over Tax Info Leak, US Says

The IRS asked a D.C. federal court Tuesday to toss part of Hunter Biden's l= awsuit accusing the agency of failing to protect his private tax return inf= ormation, saying Biden can't sue the attorneys of two IRS agents who public= ly discussed an investigation into his tax filings.

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Europe's Average Corporate Tax Rate At 21%, Study Says

Europe's average corporate income tax rate is 21.3%, which is on par with t= he U.S. and slightly below the world average, according to a Tax Foundation= study published Tuesday.

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Rental Equipment Tax Must Change, Maine Committee Told

Maine's levy of sales and use tax on rental equipment up front rather than = on rental receipts is out of sync with the rest of the nation and must be c= hanged, lawmakers and industry leaders told the Legislature's joint tax com= mittee Tuesday.

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Feds Tell Justices Texas Made Migrant Rescue 'Impossible'

The Biden administration has told the U.S. Supreme Court that recent migran= t drownings in the Rio Grande only underscore the urgency of its effort to = undo a Fifth Circuit order blocking federal officials from interfering = ;with Texas' border barriers.

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Feds Say Texas Migrant Arrest Law Is Like Nixed Ariz. Law

The Biden administration has argued that a new Texas law allowing the state= to arrest and deport migrants couldn't stand since the U.S. Supreme Court = had struck down an Arizona immigration law for similarly intruding on the f= ederal government's immigration authority.

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Asylum-Seekers Slam Feds' Use Of 'Flawed' App At Border

Asylum-seekers have fired back at the Biden administration's bid to end the= ir California proposed class action challenging the government's use of a s= martphone app to book appointments, arguing they've sufficiently alleged th= ey were forced to wait "indefinitely in dangerous conditions with a flawed app as their only lifeline."

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Feds Say ComEd Bribery Sentencing Must Go On

Prosecutors have urged an Illinois federal judge to reject a bid by the for= mer Commonwealth Edison CEO and lobbyists to further postpone their sentenc= ings for bribery until the U.S. Supreme Court decides a case they say could= be fatal to their guilty verdicts, saying it's "nothing more than wishful thinking" that their conv= ictions are in jeopardy.

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Ohio Justices Refreeze Assets Of Indicted Ex-Utilities Chair

The Ohio Supreme Court unraveled an appellate panel's decision Tuesday to u= nfreeze the assets of Samuel Randazzo, a recently indicted former state reg= ulator and lawyer connected to the FirstEnergy Corp. bribery scandal, pavin= g the way for the Buckeye State to secure an $8 million garnishment. 

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Prosecutors Rebuff Hunter Biden's 'Meritless' Dismissal Bids

Federal prosecutors on Tuesday pushed back against the myriad arguments Hun= ter Biden has made in his fight against the felony firearm charges he's fac= ing, slamming them as "meritless" and saying that the evidence ag= ainst the president's son is "overwhelming."

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Feds Back Alaska Tribe In Fishing Dispute With State

The U.S. government is urging an Alaska federal judge to grant summary judg= ment to the Metlakatla Indian Community in its fishing rights fight with Al= aska, saying state officials are repeating already-rejected arguments and m= isconstruing aboriginal rights and the Alaskan Native Claims Settlement Act.

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IHS Wants Tribes' Input On $250M To Combat Fentanyl Crisis

The U.S. Indian Health Service is asking tribal leaders for their recommend= ations on how to spend $250 million in potential federal funding to support= efforts to fight the fentanyl crisis plaguing Indian Country.

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Osage Nation Asks FCC Again For 'Eligible' Telecom Status

The Osage Nation of Oklahoma needs the Federal Communications Commission to= designate it as an eligible telecommunications carrier so that the permitt= ing process for laying 27 miles of fiber optic cables can go smoother, it h= as told the agency.

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Viasat Opposes Revisiting FCC Denial Of Starlink Rural Funds

Satellite giant Viasat has urged the Federal Communications Commission to r= eject a Virginia resident's push for the agency to reconsider denying more = than $885 million in rural support to the Starlink satellite broadband serv= ice.

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Judge Tosses Bid To Halt Ala. Medical Pot Licensure

An Alabama federal judge has rejected a bid to block the state's medical ca= nnabis agency from issuing its processor licenses, an effort by a company t= hat claims the state improperly rescinded its license award.

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Hochul Floats Pot Tax Overhaul, Rejects Tax Hikes In Budget

New York would replace its potency-based cannabis tax system with a simpler= wholesale tax structure under a $233 billion budget plan that Gov. Kathy H= ochul unveiled Tuesday while pledging to reject any income tax increases.

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How 4 State AGs Are Shaping Data Privacy Compliance

As the landscape of state data privacy laws continues to grow across the na= tion, understanding how state attorneys general — such as in Californ= ia, Colorado, Connecticut and Virginia — are thinking about these law= s is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Bl= ock.

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Healthcare Industry Must Prepare For Greater AI Regulation

Healthcare entities that use even basic machine-based systems should pay cl= ose attention to a recent executive order and a proposed bill, both of whic= h focus on artificial intelligence safety and security, and signal the gove= rnment's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane. <= /p>

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Why CFTC Whistleblowers Are Crucial To Crypto Regulation

The U.S. Commodity Futures Trading Commission's whistleblower program has p= roven to be a key tool in the U.S.' efforts to police cryptocurrency, but a= funding issue shows that it has become a victim of its own success, says S= tephen Kohn at Kohn Kohn.

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How Data Brokers Can Prep For Calif. Delete Act Compliance

As California Delete Act obligations approach in late January, data brokers= should proactively assess and scrutinize their compliance with the act, ta= king proactive measures to mitigate potential risks associated with noncomp= liance, say Goli Mahdavi and Gabrielle Harwell at BCLP.

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4 Questions On Groundbreaking New Foreign Bribery Law

The recently enacted Foreign Extortion Prevention Act will significantly al= ter the anti-corruption landscape under U.S. law by allowing prosecutors to= pursue foreign officials for soliciting or accepting bribes, but it’= s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

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Bill Could Pave Path To 'Safer' Banking For Cannabis Industry

The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which wa= s recently passed by a U.S. Senate committee, creates potential for financi= al inclusion of legally operating cannabis businesses and could promote rec= ognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at S= tinson.

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What FTC CARS Rule Means For Auto Dealers And Lenders

A newly finalized Federal Trade Commission rule is aimed at changing how au= to dealers interact with customers in the financing process, but will likel= y also affect banks and finance companies — and consequences for lend= ers and servicers have been amplified by recent Consumer Financial Protection Bureau enforcement actions, say at= torneys at Morgan Lewis.

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Series

NY Banking Brief: All The Notable Legal Updates In Q4

New York's banking and financial sector saw a number of notable regulatory = and legislative changes in the final quarter of 2023, including guidance on= climate risks and heightened cybersecurity protocols issued by the New Yor= k State Department of Financial Services, as well as final revisions to virtual currency listings in the s= tate, say attorneys at WilmerHale.

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The 5 Most Important Bid Protest Decisions Of 2023

Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions fr= om the U.S. Court of Federal Claims and U.S. Government Accountability Offi= ce, offering perspectives on standing, document production, agency deferenc= e, System for Award Management registration requirements and mentor-protégé joint venture proposal evalu= ations.

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Time To Step Up PFAS Due Diligence In Cross-Border M&A

Regulations in the U.S. and EU governing per- and polyfluoroalkyl substance= s will likely evolve to become global standards out of necessity and scale,= so PFAS due diligence — particularly for buyers, sellers, and lender= s and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys = at Shipman & Goodwin.

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Federal Courts And AI Standing Orders: Safety Or Overkill?

Several district court judges have issued standing orders regulating the us= e of artificial intelligence in their courts, but courts should consider fo= llowing ordinary notice and comment procedures before implementing sweeping= mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

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2 Ex-Davis Polk Partners Deny Ex-Atty's Retaliation Claims

A Black former Davis Polk & Wardwell LLP attorney claiming retaliation = against his former firm called two former partners to testify Tuesday, but = both told a jury that poor performance, not racial animus, led to his firin= g.

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BCLP Wants Mondelez Data Breach Suit Tossed

Bryan Cave Leighton Paisner LLP urged an Illinois federal judge on Monday t= o nix a putative class action accusing the firm of failing to safeguard the= personal information of employees at its client Mondelez International Inc= . following a data breach at the law firm.

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McDermott Lands Healthcare Team From Wilson Sonsini

Global firm McDermott Will & Emery announced Tuesday that it had added = a five-attorney team from Wilson Sonsini Goodrich & Rosati to its healt= hcare practice group.

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Colo. Justices Say Firm's Departing Atty Fee Is Unenforceable

The Colorado Supreme Court has found a family law firm's contract requiring= a departing attorney to pay a fee for every client he took with him is une= nforceable, ruling Tuesday in a unanimous decision that such a provision wo= uld improperly limit the attorney's practice and incentivize attorneys to drop clients with less lucrative cla= ims.

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Protesters Didn't Taint Jury, DC Judge Tells Navarro

A D.C. federal judge refused to grant a retrial for former Trump White Hous= e adviser Peter Navarro for a contempt of Congress verdict against him, say= ing Tuesday that his concerns about protesters swaying the jury should have= been raised before the verdict instead of gambling on a favorable outcome.

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Simpson Thacher Atty Tapped For Md. Special Counsel Role

A Simpson Thacher & Bartlett LLP white collar partner has exited the fi= rm to take on a newly created position as special counsel to the U.S. attor= ney for the District of Maryland.

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Blank Rome Keeps Arbitral Win In Ex-Dickstein Partners' Suit

A California appellate panel agreed Tuesday that an arbitrator was within h= is authority to find that Blank Rome LLP doesn't owe former Dickstein Shapi= ro LLP partners $4 million in a dispute over the characterization of the fi= rms' tie-up.

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Robins Kaplan Wants To Undo Sanction Over Dropbox Access

Litigation funding firm KrunchCash and its counsel Robins Kaplan LLP want a= New York state appellate court to undo a $156,000 sanction levied over the= law firm's access to an opposing litigation party's Dropbox account, argui= ng the monetary sanction was unwarranted.

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Murdaugh Jurors Will Testify Publicly In Tampering Hearing

Jurors who convicted South Carolina lawyer Alex Murdaugh of murde= r will testify in open court during an upcoming multiday hearing conce= rning allegations that a clerk tampered with them, a judge ruled Tuesday.

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