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May 01, 2025
Feds Sue To Block State Climate Suits, Superfund Âé¶¹´«Ã½s
The federal government sued to block two states' climate change Superfund laws and stop two other states from launching threatened lawsuits against fossil fuel companies, saying the states' actions jeopardize national energy security.
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May 01, 2025
House Votes To Axe Another EPA Emissions Waiver For Calif.
The U.S. House of Representatives on Thursday passed the third of three Congressional Review Act resolutions that would undo Clean Air Act waivers that the U.S. Environmental Protection Agency issued for California's vehicle emissions programs.
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May 01, 2025
Sony Eyes $49B Semiconductor Unit Sale, Plus More Rumors
Sony could sell its semiconductor unit for $49 billion, while proxy advisory firm Glass Lewis is considering ending its practice of advising shareholder votes on politically charged topics, and AI startup Nscale plans to raise $2.7 billion in private capital to support the construction of data centers around the world.
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April 30, 2025
House Votes To Nix Two Calif. Air Emissions Waivers
The U.S. House of Representatives on Wednesday passed two Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, leaving the fate of the measures up to the Senate.
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April 30, 2025
Space Org. Avoids Charges After Helping In China Export Case
The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct.Â
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April 30, 2025
Schools Say Norfolk Southern Ducked Postderailment Pledge
The school district for East Palestine, Ohio, filed a federal lawsuit Wednesday against Norfolk Southern, claiming the railroad hasn't made good on its promises to help the district recover after a fiery derailment shook the town in 2023.
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April 30, 2025
6 Legal Teams Launch Bids To Lead Rocket Co. Investor Suit
Six legal teams have submitted bids to represent a proposed class of investors in a suit alleging aerospace company Rocket Lab USA Inc. concealed issues that might affect its timeline for test-launching its Neutron Launch Vehicle.
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Âé¶¹´«Ã½360 looks at the major merger review developments from April.
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April 30, 2025
Justices Say Reservists Get Extra Pay No Matter Wartime Role
The U.S. Supreme Court ruled on Wednesday that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.
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April 29, 2025
5th Circ. Backs $1.6M Pipeline Project Arbitration Award
The Fifth Circuit on Tuesday unanimously affirmed a more than $1.6 million arbitration award covering stand-by costs an underground drilling company incurred on a subcontract for a pipeline construction firm, saying in a published opinion that the construction company failed to show that an arbitration panel exceeded its authority.
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April 29, 2025
FTC Defends John Deere Right-To-Repair Suit
Farm machinery-maker Deere & Co. is trying to get out of an FTC enforcement action using the same arguments that didn't help it escape multidistrict litigation accusing the company of breaking antitrust laws by restricting access to repair services, the government says.
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April 29, 2025
Mercedes-Benz Wins Remand From Top PTAB Judges
A panel of the top judges at the patent board has agreed that Mercedes-Benz deserves another chance to invalidate a processor patent issued over a decade ago to engineers at Intel Corp. and later assigned to a company that's asserting it against the automaker and others.
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April 29, 2025
Honda America Asks To Halt Faulty Brakes Suit
American Honda Motor Co. urged a California federal judge Monday to throw out an amended proposed class action alleging some of the automaker's vehicles equipped with automatic emergency braking are unsafe, arguing the claims are meritless because the owner's manuals disclose the possibility of false activations of the braking system.
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April 29, 2025
Michigan Asks Justices To Sustain Remand Of Pipeline Fight
The Michigan attorney general on Tuesday told the U.S. Supreme Court that there's no need for it to review a Sixth Circuit decision remanding to state court a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline.
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April 29, 2025
DoorDash, Grubhub Settle Fee Cap Fight With NYC
DoorDash, Grubhub and Uber Eats have reached a settlement in a case accusing New York City officials of passing legislation that unconstitutionally capped fees the delivery apps could charge restaurants, prompting a federal judge to sign off on a joint stipulation and order Monday that stayed the matter pending final resolution.
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April 29, 2025
BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits
BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.
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April 29, 2025
Bessent Says EU Must Kill Digital Taxes For US Trade Deal
The U.S. government wants European countries to repeal digital service taxes before the European Union moves forward with trade negotiations, U.S. Treasury Secretary Scott Bessent said Tuesday.
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April 29, 2025
Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.
A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.
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April 29, 2025
Automakers Get 15% Tariff Offset Under New Trump Order
President Donald Trump will sign an executive order Tuesday afternoon to provide automakers that produce and sell finished vehicles in the U.S. a 15% offset on future imported parts that face a 25% tariff for the next year.
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April 28, 2025
Ag Groups Say 'Common Sense' Means Standing In EPA Suit
The U.S. Environmental Protection Agency hit back Monday at a contention by agricultural groups that "common sense" gives them standing to challenge a 2024 rule that changes the type of gasoline car manufacturers are required to test for fuel economy.
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Avis Hit With Investor Suit Over $2.3B Fleet Impairment
Car rental company Avis Budget Group has been hit with a proposed shareholder class action alleging it harmed investors when it concealed a strategy shift late last year that accelerated fleet rotation and led to a $2.3 billion impairment charge.
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April 28, 2025
Chinese Cos. Lose Immunity Fight In 9th Circ. IP Case
The Ninth Circuit on Monday shot down arguments from related Chinese steel companies that they shouldn't have to face espionage charges that they stole DuPont trade secrets for creating titanium dioxide, saying they aren't protected by foreign sovereign immunity.
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April 28, 2025
EPA Waiver Lifts Summer Ban On High-Ethanol Fuel Sales
The U.S. Environmental Protection Agency on Monday formally suspended the usual summer ban on sales of higher-ethanol gasoline blends, the fourth year in a row the agency has done so.
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April 28, 2025
Airport Contractor Says Peru Must Pay $91M Award
A contractor on a stymied project to construct and operate an airport in a tourist-heavy region of Peru is urging a D.C. federal court to issue a $91 million default judgment against the country, which it says has for months ignored its petition to enforce an underlying arbitration award.
Expert Analysis
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Âé¶¹´«Ã½yer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Âé¶¹´«Ã½ Group.