Wednesday, January 8, 2025
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TikTok supplies very early 2025 examination for Supreme Court


The Supreme Court is beginning 2025 with a hit instance that will certainly have remarkable effects for among China’s most important modern technology firms, countless American mobile phone individuals, and several of the most significant social networks firms in the United States.

TikTok is making an emergency situation allure prior to the greatest court, asking it to obstruct enforcement of a government regulation authorized by President Biden in April that successfully outlaws the application onJan 19 unless it is offered to a proprietor not regulated by an international opponent.

The business’s disagreements that the regulation need to be reversed for totally free speech will certainly be broadcast at a hearingJan 10, simply 10 days prior to Donald Trump is vouched in as head of state.

Trump, that on the project route recommended in a social media sites message that he would certainly “save TikTok,” is asking the court to put on hold the divestment target date and consider his choice for a “negotiated resolution” — given that as president he will be responsible for national security.

Late Friday, the Department of Justice asked the Supreme Court to reject Trump’s request, claiming no one was challenging that China “looks for to weaken united state rate of interests by collecting delicate information regarding Americans and participating in concealed and malign impact procedures.”

A ruling from the Supreme Court to uphold the ban could be a long-term boon for TikTok’s social media rivals by redistributing advertising dollars to platforms like Meta (META), according to Mark Lightner, head of special situations legal research for CreditSights, an independent credit research firm.

BATH, UNITED KINGDOM - DECEMBER 31: In this photo illustration a smartphone screen displays the logo of social media app TikTok on December 31, 2024 in Bath, England. The US Congress voted to ban TikTok unless owner ByteDance sells the app to an American owner by January 19 2025. However, President-elect Donald Trump has now urged the US supreme court to pause implementation of the law that would ban the popular Chinese social media app until after he takes office. (Photo by Anna Barclay/Getty Images)
TikTok is arguing that a law passed by Congress that could result in a ban of the app violates the First Amendment. (Photo by Anna Barclay/Getty Images) · Anna Barclay via Getty Images

Other US tech firms that supply microchips and cloud computing services to TikTok could see a dent in revenue.

The court may have tipped its hand about how it may rule, Lightner said, when it decided to hold arguments on Jan. 10 rather than first grant TikTok’s request to pause the new law and then hear arguments later in the court’s 2025 term.

One possible outcome in the coming weeks is that the court will find the law constitutional and let it stand, leaving Congress to deal with it if lawmakers and Trump want to reverse it.

“It’s possible there were not enough votes to grant a stay a couple weeks ago,” Lightner said, noting that it takes five justices to implement a stay and just four to take up the dispute.

The TikTok case will likely be the most prominent corporate case to be argued before the Supreme Court in 2025.

But there are others the business world will surely be watching, with widespread implications for other key industries.

One that could have major repercussions for the auto and fuel industries centers on longstanding opposition to how California sets vehicle emission standards, which are tougher than those imposed by the Environmental Protection Agency (EPA).

(VWAGY), “>California Gov. Gavin Newsom. REUTERS/Tingshu Wang · REUTERS / Reuters

Theyf-8xybrv”>Diamond Alternative Energy v. Environmental Protection Agency

The Court will address whether the petitioners have standing to bring their case, given that the D.C. Circuit Court ruled they were not directly injured by the waiver, and whether the waiver is unlawful.

Another key question to be considered by the Supreme Court could impact how much companies must pay for labor.

instance that emerged this concern, The, began with job done by sales reps at a firm (EMD) that disperses food brand names.EMD v. Carrera

“>These reps said they didn’t receive overtime pay despite working more hours than a normal week. They filed a lawsuit under the Fair Labor Standards Act (FLSA) and found a lower court willing to rule in their favor.

The Supreme Court is seen on Capitol Hill in Washington, Tuesday, Dec. 17, 2024. (AP Photo/J. Scott Applewhite)

., began with the cigarette manufacturer R.J.”>The Supreme Court in Washington. (AP Photo/J. Scott Applewhite) · ASSOCIATED PRESS

The court said EMD followed the wrong standard in classifying the representatives as exempt from minimum wage and overtime pay.

Although Congress passed the FLSA, allowing employers to exempt certain workers from overtime pay, including those who work as outside sales reps, the lower court said that a company must show “, manages a specialist that tricked the federal government in an application for a federal government agreement.” that a worker is exempt.

EMD has argued that such a bar is too high.

Whether companies can file cases with courts that may be more inclined to favor their views is the subject of another case that will be argued this month before the Supreme Court.

Theyf-1pe5jgtFood and Drug Administration v. R.J. Reynolds Vapor Co the wire fraud statute is defined very broadly to encompass no financial loss schemes, then that really expands the universe of material that plaintiffs lawyers … can bring against businesses,Reynoldsyf-1pe5jgt”>

is a lawful press reporter for”>It made the challenge in a New Orleans-based federal appeals court known as the Fifth Circuit, which covers Texas and nearby states and is known for its conservative opinions.

NEW YORK, NEW YORK - OCTOBER 13: Vuse e-cigarette packages are seen displayed at Cigar N Vape on October 13, 2021 in the Park Slope neighborhood of the Brooklyn borough in New York City. The Food and Drug Administration on Tuesday approved authorization for the sale of an e-cigarette product from the R.J. Reynolds company for the first time. The approval only applies to Vuse's solo e-cigarette and its tobacco-flavored nicotine cartridges, with the agency stating that data from the company reported that the e-cigarette reduces smokers exposure to harmful chemicals in traditional cigarettes. (Photo by Michael M. Santiago/Getty Images)

on X”>Vuse e-cigarette packages in 2021 in New York City, after the FDA approved authorization for the sale of an e-cigarette product from the R.J. Reynolds company for the first time. (Michael M. Santiago/Getty Images) · Michael M. Santiago via Getty Images

A case against the FDA would normally be filed in Washington or in the area where R.J. is based, which would be the Fourth Circuit. But R.J. joined with sellers of vapes in Texas to file in the Fifth Circuit.

The Fifth Circuit ruled in R.J.’s favor last year, prompting the FDA to ask for a Supreme Court review.

“>The Biden administration’s Justice Department argued the ruling from the Fifth Circuit “

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