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Zuckerman Spaeder LLP

More on the Meaning of Corruption: Clues and Opportunities in Snyder v. United States

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Previous posts have discussed the substantial uncertainty around the meaning of “corruptly,” a mens rea term used across a variety of federal criminal statutes in the areas of public corruption, financial regulation, and...more

Holland & Knight LLP

Religious Institutions Update: November 2024

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Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

Miller Starr Regalia

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

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The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...more

Hinshaw & Culbertson - Consumer Crossroads

Tips for Loan Servicers on Defending Consumer Claims in Federal Court and Making Successful Article III Standing Challenges

Loan servicers and their counsel are often sued by consumers during contested mortgage foreclosure proceedings. The United States Supreme Court’s opinions in Spokeo, Inc. v. Robins and TransUnion v. Ramirez continue to be an...more

Bergeson & Campbell, P.C.

Washington, D.C., Is about to Get Busy: What Will Happen during the 76-Day Sprint from Election Day to Inauguration Day

There is much that happens in Washington, D.C., and in the states in the 76 days between Election Day (November 5, 2024) and Inauguration Day (January 20, 2025). My last post identified some of the unfinished business the...more

Allen Matkins

When Dismissing A Case Violates Due Process

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When a shareholder sues derivatively, the shareholder is seeking relief not for itself, but for the corporation.  Therefore, it should be expected that the shareholder is not free to compromise or dismiss the suit absent...more

Foley Hoag LLP - Environmental Law

How Will the Election Results Affect the Supreme Court (If At All!)?

As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court. In my little world, people are particularly concerned...more

Seyfarth Shaw LLP

The Week in Weed: November 2024

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have a look at Delaware’s licensing lottery, We note that New York’s cannabis crackdown may be...more

Foley Hoag LLP - State AG Insights

Ghost (Gun) Busters: Governor Healey Blocks Gun Lobby’s Attempt to Suspend Ghost Gun Ban Through Referendum Petition

On July 25, 2024, Governor Healey signed “an Act Modernizing Firearm Laws” (“Chapter 135” or the “Act”), a new comprehensive gun law that makes several key changes to existing Massachusetts’ gun laws, including banning “ghost...more

Jones Day

Second Circuit Denies Common-Law Sovereign Immunity for Foreign State-Owned Entities

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The court held that the Executive Branch's decision to criminally prosecute a foreign state-owned entity for commercial activity is entitled to deference and thus strips the entity's immunity under common law....more

Kohrman Jackson & Krantz LLP

Understanding Title IX and Fraternity Responsibility: A Closer Look at Campus Sexual Assault

Imagine this scenario taking place at Greek parties all around the country: A fraternity hosts a party at its house and invites either another sorority or allows non-Greek students to attend. Alcohol is served at the party,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Care Insights, Issue 9, October 2024

Welcome to The Academic Advisor - our e-newsletter focused on education law insights. With Fall Break behind us and the race to end-of-term underway, we highlight the following topics of import for schools,...more

Zuckerman Spaeder LLP

To Err Is Human, But Artificial Intelligence Will Make Human Errors Worse

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A recent blog post advocating using Artificial Intelligence (“AI”) to “automate” criminal appeals instead raises the concern that common flaws in contemporary judicial decision-making will only get worse if we cede legal...more

Brownstein Hyatt Farber Schreck

2024 Elections – Key Policy Positions and Scenario Analysis

The November elections are less than a week away, and the outcome will have wide-ranging impacts. Former President Donald Trump and Sen. JD Vance (R-OH) were formally nominated for president and vice president, respectively,...more

Holland & Knight LLP

Supreme Court Urged to Resolve Split on ERISA Standing Requirements in Excessive Fee Cases

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Chavez v. Plan Benefit Services, Inc., 108 F.4th 297 (5th Cir. 2024), began when three employees of a single employer sued the service providers of their health and welfare benefit plan for allegedly charging excessive fees...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's October 2024 Round-Up

FEC UPDATE - FEC Declines to Impose New Restriction on Joint Fundraising Committee Television Solicitations - On October 10, the FEC considered whether joint fundraising committees may distribute television...more

Best Best & Krieger LLP

Solicitor General Asks Supreme Court to Review Ruling on Universal Service Fund's Constitutionality

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The U.S. Solicitor General recently sought Supreme Court review of an en banc decision by the U.S. Court of Appeals for the Fifth Circuit, which found the Federal Communications Commission-run Universal Service Fund (USF) to...more

Allen Matkins

Court Of Appeal: "We regret to inform that cannabis is illegal in California because federal law says so."

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In November 2016, the voters of California adopted  Proposition 64 - the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Cal. Bus. & Prof. Code § 26000 et seq.  The act established a basic framework for licensing,...more

Bricker Graydon LLP

Trick or Treat: Don’t Let Halloween Festivities Lead to Employment Woes

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Halloween is not just for trick-or-treating. Adults and children alike enjoy dressing up and celebrating, but ghosts and goblins may not be the only things to avoid this season. Halloween can offer many temptations to behave...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Segal McCambridge

TikTok, The “Blackout Challenge”, and the New Limits on Section 230 Immunity

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In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more

Bradley Arant Boult Cummings LLP

Arizona Court Says Preschool Isn’t School, Showing That Sometimes There Isn’t a “Right” Decision

Legend has it that Alice Cooper originally titled his hit “Preschool’s Out Forever.” I made that up, but it occurred to me when I read a headline from Law360 that read “Under Pot Law, Preschool Isn’t ‘School,’ Ariz. Court...more

Orrick, Herrington & Sutcliffe LLP

DDC tosses case challenging constitutionality of FDIC imposing civil penalties

On October 11, the U.S. District Court for the District of Columbia (DDC) denied an individual plaintiff’s motion for a temporary restraining order (TRO) and granted the FDIC’s motion to dismiss in a case seeking to enjoin an...more

Littler

High Court to Review Standard Applied to “Reverse Discrimination” Cases

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On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

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With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

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