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Public Policy
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March 04, 2025
Calif. Bar Staff Asks Board To Ditch Meazure's July Exam
The State Bar of California recommended to its board of trustees to forgo its current partnership with bar exam administer ProctorU Inc., doing business as Meazure Learning, ahead of the July 2025 test following the disastrous rollout of its February exam, which prompted a nationwide class action filed in California federal court last week.
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March 04, 2025
Kan. Man Says 80s Pot Conviction Can't Block Gun Purchase
A man who was convicted of a cannabis crime in 1984 is suing the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives, alleging he was wrongly denied an application to purchase a firearm even though he completed his sentence in 1987 and his conviction was expunged in 2018.
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March 04, 2025
Career DOJ Atty, Civil Division Chief Of Staff Joins Jenner
Jenner & Block LLP has hired the former chief of staff of the Justice Department's Civil Division, who is joining the firm after spending her entire career in public service, the firm announced Tuesday.
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March 04, 2025
Colo. Biotech, Founders Owe SEC $14.3M Over Fraud Claims
A Colorado federal judge has ordered a biotech startup and two of its founders to pay the U.S. Securities and Exchange Commission roughly $14.3 million and barred them from serving as officers and directors of public companies after finding that they fraudulently raised over $10 million by overstating their own investments in the company.
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March 04, 2025
Holland & Hart Adds Alaska US Rep And Her Chief Of Staff
Holland & Hart LLP has expanded its federal affairs group with Alaska's former U.S. representative, who is joining the team in Anchorage alongside her prior chief of staff, the firm announced Monday.
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March 04, 2025
IRS Crypto Summons Broke Privacy Law, 5th Circ. Told
The IRS failed to comply with privacy law in seeking a cryptocurrency executive's third-party bank records, the executive told the Fifth Circuit, saying the agency never notified his attorney even though it was aware he was represented by counsel.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 04, 2025
Court Can't Review Nix Of Venezuela Protected Status, DHS Says
The U.S. Department of Homeland Security told a California federal court it lacks authority to review a recent decision to scrap existing deportation protections for hundreds of thousands of Venezuelans, and urged the court to reject a push to have it put on hold.
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March 04, 2025
New Crowell & Moring Group To Advise On Gov't Procurement
Crowell & Moring LLP has launched a new governmental consulting group to provide companies with guidance on how to obtain and carry out federal procurements, the firm announced Tuesday.
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March 04, 2025
Ore. House OKs Extending Medical Provider Taxes
Oregon would extend the sunset on medical provider and insurance assessments, worth more than $5 billion over four years and used to help fund state healthcare programs, under legislation approved by the state House of Representatives.
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March 04, 2025
USCIS Plans To Ask Noncitizens For Social Media Handles
U.S. Citizenship and Immigration Services announced Tuesday that it plans to examine social media accounts of anyone trying to enter the country, as well as noncitizens applying for immigration benefits.
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March 04, 2025
CFPB Drops Zelle Fraud Prevention Suit Against Big Banks
The Consumer Financial Protection Bureau on Tuesday abandoned its lawsuit against JPMorgan Chase and other major banks over digital payment fraud on Zelle, the latest Biden-era enforcement action to be dropped by the agency's Trump-appointed interim leadership.
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March 04, 2025
High Court Says EPA Went Too Far With SF Water Permit
The U.S. Supreme Court on Tuesday sided with San Francisco in its attempt to escape the terms of a federal sewer and wastewater system permit that the city challenged as too vague and difficult to comply with.
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March 03, 2025
USAID Leader Details Toll On 'Critical' Aid Under Trump
The U.S. Agency for International Development has been "wholly prevented" from delivering "critical" lifesaving services around the world, and that will lead to preventable death, destabilization and threats to national security "on a massive scale," according to memos from an agency leader made public Monday.
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March 03, 2025
DC Judge Calls For CFPB Official To Testify In Shutdown Suit
A Washington, D.C., federal judge on Monday signaled skepticism of Trump administration claims that the Consumer Financial Protection Bureau isn't going away, summoning a senior agency official to testify next week as she weighs a possible preliminary injunction.
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March 03, 2025
Calif. Jury Struggling To Reach Verdict In Judge's Murder Trial
The murder trial of Orange County Superior Court Judge Jeffrey Ferguson took a dramatic turn on the fourth day of jury deliberations when jurors indicated they were at an impasse on whether Judge Ferguson is guilty of second-degree murder for shooting his wife to death in August 2023.
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March 03, 2025
TikTok And Reddit Face UK Probes Over Kids' Data Handling
Britain's data protection watchdog on Monday stepped up its efforts to ensure that children are being protected online, launching investigations into how popular digital platforms TikTok, Reddit and Imgur gather and use minors' personal information.
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March 03, 2025
Ultragenyx Loses Bid To Toss Suit Over Henrietta Lacks' Cells
A Maryland federal judge on Monday refused to toss a lawsuit lodged by the family of the late Henrietta Lacks against biotechnology company Ultragenyx for allegedly profiting off her stolen "immortal" cells, saying proof Ultragenyx engaged in intrastate business in Maryland would thwart its contention the lawsuit was filed too late.
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March 03, 2025
Colo. Judge Vacates Fed Orders Allowing Wild Horse Removal
A Colorado federal judge vacated two U.S. Bureau of Land Management orders removing wild horses and donkeys from public lands Monday, finding they violate not only administrative and environmental laws, but a law governing protected populations of wild horses.
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March 03, 2025
Trump Admin Defends MSPB Chair's Ouster As Constitutional
President Donald Trump and other administration officials pursued their argument that the U.S. Supreme Court's Humphrey's Executor ruling doesn't apply to the Merit Systems Protection Board, telling a D.C. federal judge that the removal of the agency's chair was lawful.
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March 03, 2025
ICE Contractor Loses Immunity Bid In Family Separation Suit
A California federal judge Monday largely denied a U.S. Immigration and Customs Enforcement contractor's attempt to escape litigation that a father and son brought against the transportation company for its role in a policy that separated them and thousands of other immigrant families during the first Trump administration.
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March 03, 2025
Trump Deportees Sue Panama To Stop Refoulement To Iran
A group of asylum-seekers deported from the U.S. lodged a complaint at the Inter-American Commission on Human Rights, asking the tribunal to stop Panama from returning them to their home countries where they say they will face certain persecution.
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March 03, 2025
Sandoz Settles Florida's Generic Drug Price-Fixing Claims
Sandoz AG reached a settlement with Florida that ends federal antitrust claims the Sunshine State lodged against the drugmaker within wider litigation claiming numerous pharmaceutical companies and individuals participated in a conspiracy to fix generic drug prices, according to a Friday court filing.
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March 03, 2025
Gov't Wants End Of Judicial Review, Atty For MSPB Head Says
An attorney for the briefly ousted head of the Merit Systems Protection Board said Monday that the U.S. Department of Justice was effectively calling for the end of judicial review during impassioned arguments on an injunction that would keep the official on the board after a temporary order reinstating her expires Tuesday.
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March 03, 2025
SEC Expands Confidential Filing Options For Companies
The U.S. Securities and Exchange Commission on Monday said it is expanding the range of filings that companies can submit for confidential review before such documents become public, predicting that the new accommodations will spur capital formation.
Expert Analysis
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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Anticipating How GAO Pleading Standards May Shift
The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.