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Will Biden’s Ban on Offshore Drilling Hold Up? 

Consider writing about:

A ban announced by President Biden on Jan. 6 on new leases for offshore oil and gas drilling; areas to which the ban applies, and when it is to take effect; what the action means for oil companies’ existing leases; authority under which President Biden invoked the ban; what to know about the 1953 Outer Continental Shelf Lands Act; whether Congress or the incoming Trump administration could modify or overturn the ban; and perhaps a related look at business and legal trends involving offshore drilling nationwide, either recently or in the context of a comparison between the Biden administration and the first Trump administration.

Related information:

https://www.whitehouse.gov/briefing-room/statements-releases/2025/01/06/statement-from-president-joe-biden-on-protecting-americas-ocean-and-coasts-from-offshore-oil-and-gas-drilling

https://www.cnn.com/2025/01/03/business/offshore-drilling-ban-biden/index.html

What Does N.Y. Climate Superfund Law Mean for Energy Companies? 

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Legislation signed by New York’s governor last month, establishing a “Climate Superfund;” when the law takes effect and what companies and activities it applies to; what the new law could mean for energy companies’ potential liability risks and associated obligations; whether other states have, or are considering, similar measures; potential for legal challenges to these types of state laws.

Related information:

https://www.governor.ny.gov/news/governor-hochul-signs-landmark-legislation-creating-new-climate-superfund

Environmental and Energy Highlights of 2024: Your Call 

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Your choice of three or more noteworthy developments or trends in the energy or environmental arena from the past year. Take your pick of lawsuits, rulings, regulatory actions, legislation, or other developments, either nationally or in the region of your choice, with added information, as you see fit, regarding compliance obligations, liability risks, best practices, or other potential implications in the near or longer term, whether for a specific industry or more generally speaking.

How States Are Tackling Wildfire Risks 

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How states are responding to increased risk of serious wildfires and associated damage to commercial or residential properties; related issues involving property owner obligations pertaining to property modifications, upkeep, disclosures, or other responsibilities; any new bans, limitations, or other restrictions on new construction; how the real estate industry and construction industry are responding to increased concerns over wildfires.

What to Know About Rebuilding in a Disaster Zone 

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Challenges for homeowners or business owners seeking to clean up and rebuild after a natural disaster; what to know about obtaining permits to rebuild damaged homes or businesses; related mortgage, tax, and insurance issues; assistance available from the Federal Emergency Management Agency or other federal or state agencies; owners’ options if their properties cannot be rebuilt.

How Cybercriminals Target Real Estate Transactions 

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Wire transfer fraud and other forms of cybercrime that target real estate transactions; types of scams and cyberattack tactics to be on the lookout for; related statistics and trends; how real estate agents, lawyers, financial institutions, or clients can protect themselves from cybercrime, liability risks, and related financial losses.

Related information:

https://www.cnbc.com/2024/07/23/wire-fraud-in-real-estate-silicon-valley-executive-warning.html

What a New Calif. Law Means for Health Insurers’ Use of Artificial Intelligence 

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A new California law that forbids the use of artificial intelligence to deny medically necessary health insurance claims; what to know about the insurance industry’s use of AI; how this state law could change industry practices; likely challenges in enforcing this law; related legal trends involving the determination of a “medically necessary” case and its handling by the health care or insurance sector.

Related information:

https://www.msn.com/en-us/technology/artificial-intelligence/it-is-now-illegal-to-use-ai-to-deny-a-medically-necessary-health-insurance-claim-in-california/ar-AA1x3bVB?

How COBRA Notices Can Create Legal Risks for Employers 

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Potential liability risks that may arise for employers over COBRA notices; what employers should keep in mind regarding their obligations under the Consolidated Omnibus Budget Reconciliation Act; common COBRA-related misunderstandings, oversights, or other failings on the part of employers; instructive lawsuits or settlements involving deficient COBRA notices; recommended employer practices regarding the handling of insurance matters pertaining to terminated employees.

What to Know About Blocked Steel Merger 

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Noteworthy developments involving Nippon Steel’s proposed purchase of U.S. Steel; President Biden’s blocking of the nearly $15 billion deal; grounds for the companies’ lawsuit over Biden’s action; what this case illustrates regarding the role of the Committee on Foreign Investment in the United States regarding M&A deals; and perhaps a wider-angle look at any of the following issues: the state of steel manufacturing in the United States and globally; a comparison of approaches taken by the Biden administration and Trump administration on mergers and acquisitions; how national security concerns can impact M&A prospects; how companies can anticipate, and perhaps get ahead of, potential resistance to desired M&A deals.

Related information:

https://www.npr.org/2025/01/06/nx-s1-5249712/u-s-steel-japan-nippon-lawsuit

https://apnews.com/article/nippon-steel-japan-cfius-economy-biden-099564a3cddca587af0d7340e0c15ed6

New TCPA Rule Takes Effect 

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A new Federal Communications Commission rule taking effect this month, involving the Telephone Consumer Protection Act; what to know about the one-to-one consent rule, and how it will affect consumers, businesses, and marketing efforts; and perhaps a reminder about best practices under the TCPA or an update regarding enforcement trends and repercussions for non-compliance.

Related information:

https://docs.fcc.gov/public/attachments/DOC-408396A1.pdf

What’s Ahead for the FTC Under Trump 2.0? 

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What the business community should be watching for from the Federal Trade Commission in the months ahead; how the FTC fared under the first Trump administration, and possible lessons to be gleaned from that period; likely shifts in FTC enforcement practices or other priorities or philosophies under a second Trump administration.

Will Congress Tackle Patent Reform? 

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Patent reform measures coming before Congress; what to know about the intent, status, and prospects for passage of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act and the Patent Eligibility Restoration Act (PERA). Who stands to gain or lose if these measures cross the finish line?

Related information:

https://www.forbes.com/sites/christinemcdaniel/2024/11/11/new-patent-reforms-aim-to-fix-unforced-errors

IP Highlights From 2024: State Your Case 

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Your choice of three or more key intellectual property developments or trends from 2024, and why you think they’re especially significant. Decide whether to focus on a particular court or other entity, region, or subset of intellectual property, or whether to take a wider-angle approach to the topic.

What Are UK Ruling’s Implications for Trademark Strategies? 

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A November ruling by the UK Supreme Court in a trademark dispute; underlying issues in the dispute between software company Skykick and media giant Sky; what the ruling could mean for trademark application practices, claims of bad faith, and related business and legal strategies.

Related information:

https://www.globallegalpost.com/news/shock-supreme-court-trademark-ruling-finds-sky-acted-in-bad-faith-in-skykick-dispute-1921574518

What H-1B Final Rule Could Mean for Employers, Workers 

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A final rule announced on Dec. 17 by the U.S. Department of Homeland Security regarding the H-1B program; main focus and goals of the final rule; job categories, employers, or workers who will see the most significant changes under this rule; what the final rule could mean for employers’ hiring options; and perhaps a related look at how H-1B visas have become a point of contention recently between Elon Musk and some of President-elect Trump’s better-known supporters.

Related information:

https://www.dhs.gov/news/2024/12/17/dhs-strengthens-h-1b-program-allowing-us-employers-more-quickly-fill-critical-jobs

https://www.uscis.gov/newsroom/stakeholder-messages/dhs-announces-h-1b-modernization-final-rule-to-improve-program-integrity-and-efficiency

What to Know About H-2 Program Modernization Rule 

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The U.S. Department of Homeland Security’s H-2 program modernization rule; workers to whom the rule applies; when the final rule takes effect; what anticipated changes under the rule could mean for both employers and workers; whether the rule’s implementation could be cast into doubt by the incoming Trump administration.

Related information:

https://www.federalregister.gov/documents/2024/12/18/2024-29353/modernizing-h-2-program-requirements-oversight-and-worker-protections

Immigration-Related Highlights From 2024: What Do You Say? 

Consider writing about:

Your choice of three or more noteworthy immigration-related developments from 2024. Take your pick of court cases, policy shifts, election results, legislation, or more, with added information, as you see fit, regarding the potential implications for key parties in the near or longer term or regarding emerging or heightened trends.

Pointers on Discovery Requests [Ongoing] 

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Best practices pertaining to discovery requests, whether in terms of formulating and presenting them, or responding to others’ discovery requests, or involving objections to discovery requests; common missteps or hurdles to look out for; and perhaps some takeaways from a cautionary tale.

Kick Off the New Year With a Celebration of Your Pro Bono Work 

Consider writing about:

Your firm’s pro bono program. Take your pick of any of the following points: a year in review for the program and its achievements, highlights, or particular challenges that it faced; pro bono plans and priorities for the new year; your firm’s pro bono philosophy and how attorneys at your firm embody that philosophy; how a law firm or individual attorneys can best meet the challenges involved in maintaining an ongoing pro bono commitment; how your firm’s pro bono program may be evolving with the times, whether due to internal or external changes. Alternatively, consider writing a first-person account of your own experiences doing pro bono work at any time during your career, what that experience has meant to you, and the impact it has had on others.

What Will Happen to Legal Profession’s DEI Goals During a New Trump Era? 

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How law firms interested in promoting diversity within their ranks and within the legal profession as a whole can best prepare for a second Trump administration and other shifts in the national or local political scene; possibility for increased pressure on law firms over DEI-related issues; DEI do’s and don’ts for law firms that may find themselves caught in the middle between client expectations and internal goals on the one hand and opposing – and emboldened – political forces on the other hand.

What to Know About U.S. Treasury Department’s Outbound Investment Security Program 

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Final regulations involving the U.S. Department of the Treasury’s Outbound Investment Security Program; types of investments. technologies, investors, and/or investment partners covered by the program; practical guidance on complying with the final regulations; their effective date; potential penalties for failure to comply.

Related information:

https://home.treasury.gov/news/press-releases/jy2690

https://home.treasury.gov/policy-issues/international/outbound-investment-program

Finance-Related Highlights From 2024: What Do You Say? 

Consider writing about:

Your choice of three or more noteworthy trends or developments from 2024 involving the finance sector; reasons for your choices; immediate or longer-term implications or potential impacts as we head into 2025; and any related practical guidance for those affected. Consider whether to go wide-angle in your choice of topics, or whether to focus on a particular country, region, entity, issue, trend (litigation, regulations, enforcement, etc.) or subset of the finance sector.

Implications of FTC Final Rule on Pricing Practices 

Consider writing about:

A final rule announced by the Federal Trade Commission on Dec. 17 regarding potentially misleading pricing practices in the live-event ticketing and short-term lodging industries; types of pricing mechanisms prohibited under the new rule; new rights or obligations that consumers or businesses should be aware of; the rule’s effective date.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2024/12/federal-trade-commission-announces-bipartisan-rule-banning-junk-ticket-hotel-fees

Google Hit With Discrimination Suit Over Layoffs 

Consider writing about:

A discrimination lawsuit against Google over layoffs conducted by the tech giant; what this case may illustrate regarding potential pitfalls involving any or all of the following: pregnancy discrimination and protections, family leave rights, employers’ compliance obligations under state and federal laws, procedures for conducting layoffs and/or company reorganizations. Also consider whether to add some wider-angle perspective on legal trends involving any of these points or involving discrimination lawsuits against the tech industry.

Related information:

https://www.sfgate.com/tech/article/google-layoffs-accused-illegal-lawsuit-19974133.php

$22M Verdict Upheld in FLSA Case 

Consider writing about:

A federal appeals court ruling in a Fair Labor Standards Act case; basis for the 3rd Circuit’s ruling; practical takeaways for other employers regarding wage-and-hour laws and related compliance obligations; related legal trends involving compensation for required processes undertaken by workers before or after their shifts.

Related information:

https://www2.ca3.uscourts.gov/opinarch/241046p.pdf

Employment Law Highlights From 2024: What Do You Say? 

Consider writing about:

Your choice of three or more noteworthy employment law-related issues or trends from 2024. Feel free to either stick to a particular industry or one specific subset of topics or entities (examples: non-compete agreements, DEI trends, employment-related AI risks, the NLRB, the EEOC, the U.S. Department of Labor), or go wider in focus and draw from a spectrum of issues.

Trends and Rights Involving Abandoned Infants 

Consider writing about:

Trends involving the abandonment of infants in the United States; potential connection between these incidents and tightening restrictions on abortion access; legal penalties for abandonment; authorities’ role as regards an abandoned infant’s welfare; when an abandoned infant may be placed in foster care or permanent adoption; whether a birth parent may be able to re-establish parental rights over an abandoned infant; what to know about “safe surrender” laws or similar laws; how widespread these types of laws are; legal immunities that such laws provide to parents or other caretakers who surrender children; age limits or other limitations that may apply to safe surrender laws.

Related information:

https://www.msn.com/en-ie/health/other/number-of-babies-abandoned-in-texas-more-than-double-10-years-ago-as-abortion-restrictions-tighten/ar-AA1wJjrg

How to Legally Change Your Name: Individual Rights and the Law 

Consider writing about:

The process for legally changing one’s name; applicable laws and procedures (in the state, country, or region of your choice); limitations on the right to change one’s name; key entities to notify of the change; important documents to produce or to retain; potential complications to be aware of, either generally or depending on a specific set of circumstances.

Civil Forfeiture: Trends and Guidance 

Consider writing about:

Noteworthy rulings or legislation regarding the civil forfeiture process; how this process is commonly used, or abused; what to do when personal property and assets are seized by law enforcement under civil forfeiture laws; what can be taken and for what reasons, procedures for recovering seized property; how civil forfeiture differs from criminal forfeiture; potential conflicts between constitutional rights and forfeiture laws.