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Public Policy
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April 08, 2025
South Korea Readies Steps For Responding To US Tariffs
South Korea will monitor other countries' responses to tariffs, try to negotiate with the U.S. and prepare to roll out measures to shore up its domestic industries in reaction to President Donald Trump's 25% tariffs on goods from the country, its finance ministry said Tuesday.
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April 08, 2025
Conn. Justices OK Debt Negotiator's Suit Against Watchdog
Connecticut's highest court will allow a trial judge to decide whether the Department of Banking can skirt the state's restriction on regulating attorneys to the judicial branch, declining Tuesday to end a suit that a law firm and its associated debt negotiation group brought against the state watchdog.
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April 08, 2025
In Trump Order Against Perkins Coie, GCs See Harm For Cos.
Nearly 70 current and former general counsel for companies including Apple Inc. and Starbucks filed an amicus brief Tuesday supporting Perkins Coie LLP in its suit against an executive order from President Donald Trump targeting the firm, saying the order "tramples on corporate independence, the right to counsel, and First Amendment rights."
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April 08, 2025
Battery Park City Authority Hires Ex-CBRE Atty As GC
Former CBRE legal counsel and managing director Elaine Kleinberg has been hired as general counsel for New York state's Battery Park City Authority, the public benefit corporation announced Monday.
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April 08, 2025
IRS Acting Chief To Depart Amid ICE Info Sharing Deal
The Internal Revenue Service's acting commissioner Melanie Krause plans to step down, the White House confirmed Tuesday, after the agency struck an agreement with immigration enforcement authorities to share taxpayer records of non-U.S. citizens under criminal investigation.
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April 08, 2025
DOJ Shuts Crypto Unit, Shifts Focus From Intermediaries
The U.S. Department of Justice is disbanding its crypto unit and directing prosecutors to focus on cases against individuals who harm crypto investors or use digital assets to further other illegal activity, instead of bringing cases against platforms that enable the conduct, according to a memo circulated to all department employees.
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April 08, 2025
FCC Reworks Database Of Reassigned Phone Numbers
It will be easier and cost less for companies to make sure they're reaching the right consumer's phone number with recent changes to the Reassigned Numbers Database, the Federal Communications Commission said.
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April 08, 2025
Plastics Group Loses Challenge To Calif.'s Pollution Subpoena
A D.C. federal judge won't stop the California attorney general from enforcing a subpoena on a plastics industry group as part of an investigation into global plastics pollution, finalizing an earlier determination that his court lacks jurisdiction.
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April 08, 2025
Ore. House OKs Tax Court Standing For Associations
Associations, chambers and other organizations in Oregon could seek relief in the state tax court on behalf of their aggrieved members under legislation approved unanimously by the state House of Representatives.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 07, 2025
Split 5th Circ. Undoes Injunction On Texas Strip Club Fee Law
The Fifth Circuit on Monday reversed an injunction barring the Texas comptroller from enforcing a state law imposing fees on strip clubs that allow on-site alcohol consumption, saying in a split unpublished opinion that a Houston club challenging the law was bound by a 2011 decision that upheld the law.
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April 07, 2025
1st Circ. Won't Pause Block Of Unrelated Country Deportation
The First Circuit on Monday declined to stay a Massachusetts federal judge's order blocking the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.
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April 07, 2025
CMS' Nursing Home Staffing Requirements Struck Down
A Texas federal judge on Monday struck down new staffing standards for nursing homes participating in Medicare or Medicaid, ruling that federal health officials overstepped their authority by establishing a one-size-fits-all requirement.
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April 07, 2025
Policy Group Tells 4th Circ. Drug Discount Law Needs Reform
The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.
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April 07, 2025
NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit
Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.
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April 07, 2025
FCC Agrees To Bankers' Request To Delay Call Consent Rule
The Federal Communications Commission agreed Monday to delay for a year a new rule expanding the scope of call consent revocation, after banking groups said they need more time to comply.
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April 07, 2025
Mont. State Senator, Farmer Challenge Canadian Tariff Orders
A Montana state senator and a Blackfeet Nation farmer are asking a federal court to block several Trump administration executive orders and proclamations that impose tariffs on Canadian goods and declare an energy emergency, arguing that the decisions are an unconstitutional attempt to regulate commerce while violating their treaty rights.
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April 07, 2025
Homeland Secretary Waives Fed Laws For Calif. Border Wall
Homeland Security Secretary Kristi Noem has issued a federal notice that she is waiving a slew of environmental and historical preservation laws to facilitate the construction of a barrier wall and roads in the San Diego area, citing illegal border crossings and drug trafficking.
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April 07, 2025
Attys Say Feds Violating Order By Deporting Migrant Kids
Attorneys challenging cuts to federal funding for groups providing legal representation to unaccompanied immigrant children told a California federal judge Monday that the government is violating the court's injunction by deporting children without representation, while the government says a new U.S. Supreme Court ruling "severely undermines" the court's jurisdiction.
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April 07, 2025
No Basis To Revive Leasing Withdrawals Ruling, Trump Says
The Trump administration urged an Alaska federal judge not to reinstate a decision barring it from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, while it fights to revoke additional Biden administration removals.
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April 07, 2025
Wage Access Co. Says NY AG Threatened Suit, Seeks Relief
Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.
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April 07, 2025
T-Mobile Says 5G Rural Fund Could Be Unnecessary
T-Mobile thinks a federal program to patch holes in rural 5G service using an auction fund could end up wasting money by getting off the ground too soon, and has urged the Federal Communications Commission to put the whole idea on ice.
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April 07, 2025
USPTO Gets New Acting General Counsel, Policy Officer
The personnel shuffle at the U.S. Patent and Trademark Office continues, with familiar faces at the agency temporarily taking over the general counsel and chief policy officer roles.
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April 07, 2025
OMB Issues Guidance On Agency Use, Purchasing Of AI
The Office of Management and Budget issued a pair of memorandums last week that replaced the Biden administration's safeguards on the federal acquisition of artificial intelligence with a policy aimed at accelerating federal agencies' use and procurement of artificial intelligence.
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April 07, 2025
Agri Stats Pushes Back Against DOJ Doc Bid In Antitrust Case
Agri Stats Inc. has told a Minnesota federal court that a U.S. Department of Justice motion seeking documents is just an effort to delay the government's case accusing the data firm of helping chicken, pork and turkey producers share competitively sensitive information.
Expert Analysis
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.