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From: Public Policy Law360 <news@law360.com> To: Subject: Supreme Court Leads At 1st Trump-Biden Debate Date: Wed, 30 Sep 2020 08:47:01 +0000 claw360 Public Policy PUBLIC POLICY How does your salary stack up to your peers? Take our survey. Wednesday, September 30, 2020 Follow Law360 TOP NEWS LexisNexis Supreme Court Leads At 1st Trump-Biden Debate President Donald Trump and Democratic nominee Joe Biden jousted over the U.S. Supreme Court at their unruly first debate Tuesday, disagreeing over ,,LAw360 Rising Stars l'' when to fill a vacant seat and whether Biden should address liberal proposals to add more justices. document attached I Read full article » Trump, Biden Fight Over Climate Change In Heated 1st Debate President Donald Trump and former Vice President Joe Biden fought over energy and environmental policies during the first presidential debate Tuesday, with Trump defending his push to relax emissions rules in an effort to make cars more affordable and Biden vowing to reenter the Paris accord as president. Read full article » Flynn Atty Invokes Executive Privilege Over Trump Meeting A D.C. federal judge forced Michael Flynn's lead defense attorney to admit LAW FIRMS Tuesday she has personally discussed the former national security adviser's Ademi & O'Reilly criminal case with President Donald Trump recently, just moments after she invoked executive privilege to avoid speaking about the nature of her Ahdoot & Wolfson conversations. Akerman LLP Read full article » Akin Gump Arnold & Porter Analysis Baker Botts Will Barrett Deliver Pivotal Vote To Strike Down The ACA? Berger Montague Democrats are understandably scared that Judge Amy Coney Barrett will Berman Tabacco vote to vaporize the Affordable Care Act if she joins the U.S. Supreme Court. But whether she'll actually do so, much less deliver a decisive fifth vote Blank Rome against the landmark law, is far from clear. Bleichmar Fonti 1 document attached I Read full article » Brennan Manna Bryan Cave Leighton Paisner Analysis Burns Bowen Bair What Employers Should Know About New NY Sick Leave Law Consovoy McCarthy As New York employers adapt to the state's new paid sick leave law, which goes into effect Wednesday, they should note the legislation's wide scope Cowper Law and its overlap with existing paid leave laws, attorneys say. Crowell & Moring EFTA00032633 Read full article » Cummins Law LLC Calif. Judge Blocks Upcoming Immigration Fee Hikes DLA Piper A California federal judge on Tuesday barred the federal government from Daniels & Tredennick raising immigration application fees just days before the changes were set to Davis Graham take effect, finding that acting Homeland Security chief Chad Wolf was likely improperly appointed. Debevoise & Plimpton Opinion attached I Read full article » DiCello Levitt Dillon McCandless Ga. Told To Back Up Voting Machines With Paper Ballots Donahue Goldberg Georgia must provide paper backups of updated voter information for the Duval & Stachenfeld Nov. 3 election to reassure electors its malfunction-plagued digital system Earthjustice can be easily bypassed if necessary, an Atlanta federal judge ruled Monday. Edelson PC Order attached I Read full article » Epstein Becker Green Gibbons PC BANKING & SECURITIES Harvey & Binnall Analysis Holland & Knight Barrett May Reinforce High Court Trends For Banking Industry Husch Blackwell Seventh Circuit Judge Amy Coney Barrett's elevation to the U.S. Supreme Ichter Davis Court would position her to weigh in on fintech regulation, agency Jackson Lewis independence and other legal issues affecting the banking industry. But with the high court already showing a tilt toward business, her addition to the Jenner & Block bench may not yield a sea change from a financial services perspective. Jones Day Read full article » Katten Keating Muething ENERGY & ENVIRONMENTAL Keller Landsberg Analysis King & Spalding FERC To Take On Carbon Pricing's Place In Power Markets Kirkland & Ellis The Federal Energy Regulatory Commission is trying to figure out how state Krevolin & Horst efforts to charge polluters for carbon emissions can mesh with the agency's Lanier Law Firm mandate to level the playing field in its wholesale power markets and keep Latham & Watkins prices reasonable for consumers. Read full article » Law Offices of Alan S. Futerfas Levi & Korsinsky EPA Tells DC Circ. There's No Harm In Methane Regs Rollback McDermott Will The U.S. Environmental Protection Agency has asked the D.C. Circuit not to McDonald Hopkins pause the Trump administration's less restrictive policy on methane McGuireWoods emissions from new and modified oil and gas infrastructure, arguing the challengers are exaggerating any harm the changes will bring. Milbank LLP 2 documents attached I Read full article » Mintz Levin Morgan Lewis EPA Waves Caution Flag On Calif.'s Zero-Emission Car Plan Morrison & Foerster The head of the U.S. Environmental Protection Agency is looking to short- Mukasey Frenchman circuit the California governor's plan to ban the sale of gas-powered Murray Murphy Moul & Basil automobiles by 2035, saying the state is currently having trouble meeting its Orrick electricity needs and may need EPA approval. Patterson Belknap Letter attached I Read full article » Paul Hastings HEALTH & LIFE SCIENCES Polsinelli Pomerantz LLP Health Care Clashes Dominate 1st Trump-Biden Debate Potter Minton In the first of three debates, President Donald Trump and former Vice Quinn Emanuel President Joe Biden on Tuesday waged a bitter battle that saw wide-ranging Robbins Geller domestic policy topics repeatedly distilled down to the coronavirus pandemic, the Affordable Care Act and abortion rights. Robbins Ross Read full article » Sanford Heisler Selendy & Gay Catalyst Loses Fight Against FDA Approval Of Rival's Drug Seyfarth Shaw EFTA00032634 A Florida federal judge axed Catalyst Pharmaceuticals Inc.'s suit claiming the Sidley Austin U.S. Food and Drug Administration unlawfully approved a lower-cost version Snell & Wilmer of a drug that treats a rare autoimmune disease, rejecting Catalyst's Spilman Thomas challenge against a magistrate judge's ruling. Opinion attached I Read full article » Squire Patton Boggs Steptoe & Johnson LLP Dillon McCandless Seeks $136K Fee From Pa. For Virus Fight Stroock & Stroock Dillon McCandless King Coulter & Graham LLP, which represented a group of Pennsylvania counties, businesses and lawmakers in a suit that Sullivan & Cromwell overturned Gov. Tom Wolfs pandemic-related closure orders and crowd Taylor English limits, is now asking the federal court to make the state pay their $136,000 in Wilson Elser legal fees. 2 documents attached I Read full article » COMPANIES 23andMe Inc. Coronavirus Regulations: A State-By-State Week In Review Amazon.com Inc. President Donald Trump's reelection campaign continued to lock horns with American Airlines Group Inc. governors fighting the COVID-19 pandemic this week, with New Jersey American Automobile Association defending lawsuits over the state's remote-voting plan and Pennsylvania Inc. seething over a crowded rally the president held there recently. Read full article » American Civil Liberties Union American Federation of State IP & TECHNOLOGY County & Municipal Employees American Immigration Lawyers PureShield Says Allied Bio Coronavirus Disinfectant Infringes Association Chemical company PureShield Inc. claimed in a lawsuit filed Monday in American Petroleum Institute Inc. Texas federal court that Allied BioScience Inc.'s SurfaceWise 2 surface Ancestry.com LLC disinfectant, which advertises protection against COVID-19 for up to seven Apple Inc. days, infringes on 10 of PureShield's patents. Arch Coal Inc. Complaint attached I Read full article » BNP Paribas SA MEDIA & ENTERTAINMENT Backcountry.com BancWest Corp. Snowden Ordered To Pay $5M For Revealing Classified Info Bank of America Corp. A Virginia federal court on Tuesday ordered former U.S. intelligence Barclays PLC contractor Edward Snowden to hand over more than $5 million that he Celgene Corp. allegedly earned from book sales and speaking engagements in which he Center for Biological Diversity revealed classified information without permission. Order attached I Read full article Center for Justice Charming Shoppes, Inc. INSURANCE Chipotle Mexican Grill Inc. Citigroup Inc. LA Nightclub Says Virus Triggers 'Physical Loss' Insurance Clean Air Task Force A Los Angeles nightclub is asking a California federal court not to throw out Commonwealth Edison Co. its proposed class action alleging its insurer wrongly denied it coverage for Communications Workers of losses stemming from the COVID-19 pandemic, saying the virus caused a America physical loss by curtailing its business. Consumer Bankers Association Response attached I Read full article » Cox Communications Inc. REAL ESTATE Cox Enterprises Credit Suisse Group AG Analysis Deutsche Bank AG Opportunity Zone Order May Not Attract Private Investment Environmental Defense Fund Inc. President Donald Trump's executive order directing the government to Environmental Integrity Project prioritize opportunity zones when building and leasing properties shows a desire to attract investment in the areas but may do little to lure private Exelon Corp. capital on its own. Facebook Inc. 1 document attached I Read full article » Federal National Mortgage Association Latham Reps COVID-19 Mall Closure Suit Against LA County FirstEnergy Corp. EFTA00032635 Latham & Watkins LLP is leading the charge representing plaintiffs in a Freddie Mac putative class action filed Monday accusing Los Angeles County of violating Geico the constitutional rights of hundreds of indoor mall businesses that were Georgia State University forced to close amid the coronavirus pandemic, costing them millions in lost wages and revenue. Google Inc. Complaint attached I Read full article » HSBC Holdings PLC EMPLOYMENT & BENEFITS Homes.com Inc. Horror Townsend & Kent Inc. III. Union Tells 7th Circ. It Shouldn't Have To Rep Nonmembers ISO New England Inc. A Seventh Circuit judge on Tuesday said he was concerned that an Illinois Immigrant Legal Resource Center engineering union arguing that it should be exempted from exclusively Institute for Fiscal Studies representing nonmembers in grievance proceedings was simply asking the court to issue "an advisory opinion," in the absence of a more detailed claim. J.C. Penney Co. Inc. Read full article » JPMorgan Chase & Co. LexisNexis Group Workers And Advocates Fight NLRB Union Contact Proposal Linkedln Corp. Withholding employees' email addresses and cellphone numbers from unions Los Angeles County Employees deprives workers of information and tips the organizing scales in employers' Retirement Association favor, workers, unions and others said ahead of a Monday deadline for Macmillan Publishers Ltd. comments on a proposed National Labor Relations Board rule change. Marriott Vacations Worldwide Corp. Read full article » Mazars LLP Heeding Dem Subpoena Would Hurt NLRB, Agency Atty Says Merck & Co. Inc. Making the National Labor Relations Board release records of its "joint Morgan Stanley employer" policy development would undermine its candor in future National Right to Work Legal deliberations, the board's top legal adviser said Tuesday in answer to a U.S. Defense Foundation House of Representatives subpoena seeking the inside scoop on the Natural Resources Defense agency's regulatory pivot. Council Letter attached I Read full article » New Civil Liberties Alliance New York Civil Liberties Union COMPETITION New rue21 LLC Peabody, Arch Drop Merger Plans After Judge Sides With FTC PJM Interconnection LLC Arch Resources and Peabody Energy Corp. on Tuesday abandoned a Parlux Fragrances Inc. proposed joint venture after a Missouri federal court said the companies Peabody Energy Corp. couldn't rebut the Federal Trade Commission's claim their combination would Penn Mutual Asset Management result in the loss of "meaningful coal-on-coal competition." Inc. Read full article » Penn Mutual Life Insurance Co. CYBERSECURITY & PRIVACY Perfumania Holdings Inc. Procter & Gamble Co. Calif. Gov. Vetoes Genetic Testing Privacy Bill RaceTrac Petroleum California Gov. Gavin Newsom vetoed a proposed state law that would Regions Financial Corp. establish privacy protections over the data collected by genetic testing Roku Inc. companies like Ancestry.com and 23andMe, saying that it could interfere with SUNY Upstate Medical University laboratories' mandate to report COVID-19 test results. Sierra Club Letter attached I Read full article » Skype Technologies SA CONSUMER PROTECTION SoftBank Group Corp. SolutionPoint International Inc. Series SoulCycle Inc. AGs In A Pandemic: Grewal Talks NJ Price-Gouging Spectrum Management Holding New Jersey Attorney General Gurbir Grewal explains how his office adapted Co. its enforcement playbook to unexpected challenges in order to crack down on Standard Chartered PLC unconscionable pricing amid the pandemic. State Teachers Retirement System Read full article » of Ohio TCPA's Autodialer Ban Fails Constitutional Test, Court Told Target Corp. Tenet Healthcare Corp. EFTA00032636 Real estate portal Homes.com is mounting a constitutional challenge to the The Lawyers' Committee for Civil Telephone Consumer Protection Act's broad prohibition on using autodialers Rights Under Law to contact consumers without consent, arguing that numerous deficient The New York Times Co. exemptions to that prohibition and widespread uncertainty over what The State University of New York constitutes an autodialer warrant striking down the litigation-fueling provision. The University of Alabama System 2 documents attached I Read full article » TikTok Inc. INTERNATIONAL TRADE Topa Insurance Co. Trump Organization Inc. Blueberry Imports Could Be Next On Trump's Tariff List Twitter Inc. The Trump administration called for an investigation of imported blueberries U.S. Chamber of Commerce on Tuesday, setting the stage for potential new tariffs as part of a broader UBS AG White House strategy to address surging imports of perishable food. United Steelworkers Letter attached Read full article Virginia Community College System TAX Wal-Mart Stores Inc. Biden Vows To Undo Tax Cuts, Trump Touts Record In Debate Washington Post Co. Former Vice President Joe Biden promised to repeal the 2017 tax law during YouTube Inc. Tuesday night's debate with President Donald Trump, who touted his Zoom Video Communications Inc. economic record without directly saying whether he paid only $750 in federal income taxes in 2016 and 2017. GOVERNMENT AGENCIES 2 documents attached I Read full article » Bureau of Citizenship and Immigration Services Manhattan DA Says 2nd Circ. Stayed Trump Tax Subpoena California Air Resources Board The Manhattan district attorney told the Second Circuit on Tuesday that it California Department of Public cannot enforce a subpoena against President Donald Trump's accounting Health firm for years of tax and business records until an appeal has concluded. California Health and Human 2 documents attached I Read full article » Services Agency California Public Employees' Think Tank Says UK Tax Base Shaky From Pandemic, Brexit Retirement System The economic effects of both the coronavirus pandemic and the decision to Central Intelligence Agency leave the European Union means that the United Kingdom's tax base is now Consumer Financial Protection more uncertain than ever, the leading nonpartisan British fiscal think tank Bureau said Tuesday. European Union 1 document attached I Read full article » Executive Office for Immigration Review BANKRUPTCY Executive Office of the President House Panel Advances Bill To Limit Exec Bonuses In Ch. 11 Federal Bureau of Investigation The House Judiciary Committee advanced a Democrat-backed bill to the full Federal Communications chamber Tuesday that would limit the bonuses doled out to senior executives Commission of companies in Chapter 11 while improving protections for the benefits of Federal Energy Regulatory rank-and-file workers in bankruptcy, a measure touted as a necessary Commission remedy for inequalities in the restructuring process. Federal Housing Finance Agency Bill attached I Read full article » Federal Reserve System Federal Trade Commission 6 Law Firms Vie To Head FirstEnergy Shareholder Suit Food and Drug Administration Six law firms have put their hats in the ring to be selected as lead counsel in Gila River Indian Community a proposed consolidated class action against utility company FirstEnergy over allegations that news the company paid Ohio lawmakers $60 million to Illinois Attorney General's Office arrange a $1 billion bailout sent stock plummeting. Internal Revenue Service Motion attached I Read full article » International Trade Commission National Labor Relations Board IMMIGRATION National Security Agency Navajo Nation Judges Reject DOJ's 'Frivolous' Bid To Pause Census Ruling New Jersey Department of Health EFTA00032637 A trio of federal judges on Tuesday refused to temporarily lift their ruling New York State Department of barring the Trump administration from excluding unauthorized immigrants Financial Services from the census count, slamming the government's request for reprieve as Office of the Comptroller of the "frivolous" and "meritless." Currency Order attached I Read full article » Ohio House of Representatives DOJ May Allow Attys To Help Pro Se Immigrants With Docs Oklahoma Supreme Court The U.S. Department of Justice may soon allow immigration attorneys to help U.S. Army people facing deportation fill out briefs and forms without representing the U.S. Attorneys Office immigrants for the rest of the proceedings, a change that could increase access to counsel in immigration court. U.S. Census Bureau Notice attached I Read full article » U.S. Court of Appeals for the District of Columbia Circuit Salvadoran Couple Fit For Residency, Despite Illegal Entry U.S. Court of Appeals for the A Salvadoran couple living in the U.S. under the Temporary Protected Status Second Circuit program may obtain green cards after a Minnesota federal judge rejected the U.S. Court of Appeals for the government's arguments that their initial illegal entry left them ineligible for Seventh Circuit permanent residency. U.S. Department of Commerce Opinion attached I Read full article » U.S. Department of Defense U.S. Department of Health and Census-Takers Say Gov't Ending Count, Defying Court Order Human Services The U.S. Census Bureau has said it intends to complete its decennial count U.S. Department of Homeland by Oct. 5, after a whistleblower warned a California federal judge that the Security agency was disregarding her order to not end data collection by Sept. 30. U.S. Department of Justice 2 documents attached I Read full article U.S. District Court for the Central District of California Cities, Feds Spar Over Constitution's Language In Census Suit U.S. District Court for the District of Lawyers for the Trump administration and a group of cities and nonprofit Columbia organizations tussled over the language of the 14th Amendment before a U.S. District Court for the District of three-judge panel in D.C. federal court Tuesday, in a lawsuit over the Connecticut president's effort to exclude unauthorized immigrants from the final census count. U.S. District Court for the District of Minnesota Read full article » U.S. District Court for the District of WHITE COLLAR New Jersey U.S. District Court for the Eastern Ex-ComEd Exec Cops To Bribery Scheme Tied To III. Speaker District of Missouri A former Commonwealth Edison Co. executive pled guilty in Illinois federal U.S. District Court for the Eastern court Tuesday to participating in a bribery conspiracy in which he paid off a District of Texas powerful Illinois legislator in exchange for the lawmaker's influence on U.S. District Court for the Eastern legislation that affected the electric company's business. District of Virginia 1 document attached I Read full article » U.S. District Court for the Northern District of California TELECOMMUNICATIONS U.S. District Court for the Northern District of Georgia FCC Forecasts 4 Spectrum Auctions Over Next Year U.S. District Court for the Northern The Federal Communications Commission is tentatively planning on holding District of Illinois at least three other spectrum auctions in the next fiscal year on top of the U.S. District Court for the Southern long-awaited C-Band auction slated for December, the agency has District of Florida announced. U.S. District Court for the Southern Notice attached I Read full article » District of New York U.S. District Court for the Western House Passes Bill To Block Home Number Switch After Crisis District of Pennsylvania The U.S. House of Representatives approved a bill Tuesday to ensure that U.S. Environmental Protection people whose houses are destroyed in emergencies such as fires and Agency hurricanes won't lose their assigned home phone numbers. U.S. General Services Read full article » Administration Senate Pair Floats Section 230 Limits For Illegal Online Posts EFTA00032638 A bipartisan pair of senators added to the pile of nearly a half- U.S. House Committee on Energy dozen bills seeking to narrow Section 230 of the Communications Decency and Commerce Act, saying Tuesday that they want websites to be held more accountable for U.S. House of Representatives reporting potentially illegal activity. U.S. Patent and Trademark Office Bill attached I Read full article >, U.S. Supreme Court CANNABIS United States District Court for the Southern District of Ohio Oklahoma Supreme Court Kills Legal Pot Ballot Initiative The Oklahoma Supreme Court has removed a recreational marijuana legalization initiative from the November ballot, saying the gist of the measure that would have been presented to voters didn't convey the actual proposal. Petition attached I Read full article » Mich. AG Probing Marijuana Bait-And-Switch In Petition Push Michigan's attorney general said a group gathering petition signatures to strip the governor's emergency powers may have misled voters by telling them the push was related to a medical marijuana initiative, among other issues. Read full article » NJ Podiatrist Loses Fight Over Medical Pot Prescriptions A New Jersey podiatrist who was banned from prescribing medical marijuana lost his bid to sue state regulators on Monday after a judge said his claims of discrimination fail because podiatrists can't actually prescribe pot in the state. Opinion attached I Read full article 0 EXPERT ANALYSIS Opinion Digital Platform Agency Would Imperil Internet Commerce Rather than help consumers, former Federal Communications Commission Chairman Tom Wheeler's recent proposal for a Digital Platform Agency to regulate intemet business practices would cement dominant platforms' market power, adversely affect investment, and risk the most innovative U.S. sector's health, says Thomas Lenard at the Technology Policy Institute. Read full article » NY Gendered Pricing Law May Have Limited Effect The New York gendered pricing law, effective Wednesday, may not achieve its aim of preventing price discrimination in goods and services based on the gender of their intended consumer due to potential loopholes in the law's definitions, a broad safe harbor for businesses, and the lack of a private right of action, say Mark Ciani and Sean Akchin at Katten. Read full article » FERC Order Could Open Electric Grid To Diverse Resources The Federal Energy Regulatory Commission's recent order addressing distributed energy resources' participation in electric power markets could transform the power grid by integrating everything from small solar installations to smart water heaters and electric vehicles, say Levi McAllister and Arjun Ramadevanahalli at Morgan Lewis. Read full article » Law Firm Social Responsibility Strategies In The New Normal Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm EFTA00032639 lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media. Read full article » LexisNexis LEGAL INDUSTRY Analysis In JPMorgan Deal, DOJ Puts Spotlight On Compliance Tech In the deferred prosecution deal with JPMorgan Chase & Co. announced Tuesday, federal prosecutors made clear that they now expect companies and their in-house counsel to bring data analysis into corporate compliance. Read full article » DLA Piper Escapes Tech Co.'s Malpractice Suit A technology company has dropped DLA Piper's Canadian arm and two individual attorneys from a malpractice suit over a patent application process that went sour, effectively ending the case in Florida federal court. Read full article » Jones Day Fights Atty's Bid To Revive Equal Pay Claim Jones Day has told a D.C. federal judge to stick with his decision to toss a former associate's Equal Pay Act claim, insisting the attorney hasn't shown she tackled the same workload as her higher-paid male peers. Read full article » Exclusive JPMorgan, Goldman GCs Up The Ante On Diversity Promises Amid civil unrest over racial injustices in the U.S., top in-house lawyers from JPMorgan Chase & Co., Goldman Sachs, Bank of America and nine other global financial institutions have pledged to further their commitment to diversity efforts in the legal profession, outlining a list of goals for themselves and their peers in an open letter shared Tuesday with Law360. Read full article » Bryan Cave Snags High Court Practice Co-Chair From Sidley Sidley Austin LLP's West Coast head of the firm's appellate and supreme court group has moved to Bryan Cave Leighton Paisner LLP, his new firm announced Tuesday. Read full article » Jay-Z's Files Unsealed In Perfume Case As Secrecy Bid Fails A New York state judge declined to seal a large cache of documents belonging to Jay-Z on Tuesday in a lawsuit that claims the rap icon didn't promote a perfume as promised, only letting him redact information like his phone number from a personal schedule. Read full article » The Top In-House Hires Of September Legal department hires during September included high-profile appointments at Zoom, AAA and BroadwayHD. Here, Law360 looks at some of the top in- house announcements from the past few weeks. Read full article » Northern District Of Ga. Says No Jury Trials Until 2021 As coronavirus levels stay high in Georgia, the federal district that includes Atlanta said Tuesday it will hold no jury trials before next year, including high- EFTA00032640 profile showdowns like the $400 million kickbacks case against two former Tenet Healthcare Corp. executives. Read full article » JOBS Search full listings or advertise your job opening Executive Director, National Homelessness Assistant City Attorney Law Center City of Oxnard, California National Homelessness Law Center Oxnard, California Washington. District of Columbia Staff Attorney, Toxic Exposure and Health Director of Strategic Legal Advocacy Program Earthjustice Earthjustice Washington, DC or San Francisco, - New York. New York Not sum if your film suSeribes? Ask your librarian. We hope you found this message to be useful. However. if you'd rather not receive future emails of this soil you may unsubsctibe here. Please DO NOT reply to this email. For customer support inquiries. please call + I -646-781.7ICO or visit our Contact Us page. Privacy Policy Law3601 Portfolio Media. Inc. 111 West 19th Street. Sib Floor, New York. NY [ball EFTA00032641