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Public Policy
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March 06, 2025
DOJ Says Groups Can't Win Immigration Legal Support Row
The U.S. Department of Justice fired back at nonprofit groups' attempt to block the Trump administration from halting funding for four programs that give noncitizens access to basic legal information, saying the groups are unlikely to succeed in their challenge.
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March 06, 2025
Judge Orders Reinstatement Of NLRB Member Wilcox
A Washington, D.C., federal judge ordered Thursday that fired National Labor Relations Board member Gwynne Wilcox be reinstated, restoring a quorum on the board pending a likely appeal by the Trump administration.
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March 06, 2025
USW Strikers Found Eligible For Unemployment Pay
Workers represented by the United Steelworkers who sought unemployment compensation during a work stoppage could receive the benefit under state law, a Pennsylvania appellate court concluded Thursday, finding claimants were eligible because a steel company took actions that changed the strike to a lockout.
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March 06, 2025
UK Authorities Clear Amex GBT's $570M CWT Buy
United Kingdom antitrust authorities gave the formal all-clear Thursday to American Express Global Business Travel Inc.'s planned $570 million purchase of CWT Holdings LLC, leaving a Justice Department lawsuit the only hurdle remaining for the corporate travel management services merger.
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March 06, 2025
Trump's Value-Added Tax Focus In Tariff Plan Stirs Angst
President Donald Trump's call to target value-added taxes in his reciprocal tariff plan could distort global supply chains and create additional burdens for U.S. companies, contrary to his stated goals of lowering prices for consumers and boosting business, experts told Law360.
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March 06, 2025
Retiring Mich. Chief Judge Helped Mediate Detroit Bankruptcy
U.S. District Judge Sean F. Cox, the Eastern District of Michigan's chief judge, has informed President Donald Trump he will retire on July 27, according to an update posted on the federal judiciary's website on Thursday.
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March 06, 2025
Trump's Labor Secretary Pick Clears Senate Hurdle
The U.S. Senate agreed Thursday to end debate and move to a vote on President Donald Trump's nominee for labor secretary.
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March 06, 2025
Fed. Circ. Nixes Portion Of VA Rule Authorizing Inspections
A Federal Circuit panel on Thursday axed part of a U.S. Department of Veterans Affairs rule that allowed it to inspect computer hardware and software and even the physical locations that people use to remotely access its electronic benefit management systems.
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March 06, 2025
Dems Intro Their Own Version Of The JUDGES Act
Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.
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March 06, 2025
FDA Nominee Hedges On Job Cuts, Abortion Drug In Hearing
The nominee to lead the U.S. Food and Drug Administration, Dr. Marty Makary, repeatedly hedged about whether he would reconvene a flu vaccine committee, maintain access to the abortion drug mifepristone or control future job cuts during his confirmation hearing in front of a Senate panel on Thursday.
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March 06, 2025
Minn. Tax Court Upholds $1.2M Lake House Value
A Minnesota homeowner's action to lower the $1.2 million tax valuation of his home was rejected by the state tax court, which said he failed to overcome the presumed validity of the assessment.
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March 06, 2025
Senate Panel Backs McKernan For CFPB, 3 Other Trump Picks
A U.S. Senate panel on Thursday advanced President Donald Trump's nomination of Jonathan McKernan to head the Consumer Financial Protection Bureau, setting him up for likely confirmation to the beleaguered agency.
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March 06, 2025
DC Judge Won't Block USAID From Firing Contractors
A D.C. federal judge on Thursday declined to temporarily block the termination of personal services contractors working for the U.S. Agency for International Development, concluding their challenge to the dismantling of the agency is likely ill-suited for federal court.
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March 06, 2025
Trump Administration Ordered To Release Funds To States
A Rhode Island judge on Thursday ordered the Trump administration to stop withholding funds from states, saying an executive order freezing federal grants, loans and other payments approved by Congress "fundamentally undermines" the separation of powers and is causing irreparable harm.
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March 06, 2025
Senate Panel Advances Trump's Pick For DOL Deputy
A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
Utah Poised To Be 1st To Require App Stores To Verify Ages
Utah lawmakers on Wednesday sent to the governor's desk first-of-its-kind legislation that would require app stores such as the ones operated by Apple and Google to verify users' ages and block those who are under 18 from downloading apps or making in-app purchases without parental consent.
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March 05, 2025
DC Circ. Lets Trump Remove Watchdog Chief As Feds Appeal
The D.C. Circuit on Wednesday issued a stay that allows President Donald Trump to fire the head of the Office of Special Counsel while the government appeals a district court order that permanently reinstalled the federal employment watchdog.
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March 05, 2025
NYC Can't Recoup $80M In FEMA Funds From Trump, For Now
A Manhattan federal judge on Wednesday refused to order the Trump administration to immediately return over $80.4 million in funds allocated to New York City to defray the costs of sheltering migrants, after the Biden-era money was clawed back without notice.
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March 05, 2025
Jury Mulling Judge's Murder Trial Hears More Arguments
With jury deliberations in the murder trial of a California judge who fatally shot his wife stretching into their sixth day Wednesday, the presiding judge allowed the prosecution and defense to make additional arguments addressing the jury's question about the willfulness requirement for second-degree murder.
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March 05, 2025
PTAB Bar Urges Congress, Lutnick To Protect USPTO Workers
The PTAB Bar Association is calling on intellectual property leaders in Congress, along with Commerce Secretary Howard Lutnick, to spare the U.S. Patent and Trademark Office from Trump administration initiatives to freeze hiring and require in-person work.
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March 05, 2025
Army To Disinter 19 Students From Boarding School Cemetery
The Office of Army Cemeteries says it will honor the requests of three Oklahoma tribes and disinter the remains of 19 Indigenous children from a cemetery at the site of the former Carlisle Indian Industrial School in Pennsylvania.
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March 05, 2025
Big City Mayors Testify Sanctuary Policies Keep Citizens Safe
The mayors of Boston, Chicago, Denver and New York City were grilled by the House Oversight Committee on Wednesday during a daylong, oft-contentious hearing in which the city leaders were repeatedly interrupted by Republicans as they defended their cities' policies towards immigrants.
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March 05, 2025
MSPB Temporarily Reinstates Fired Agriculture Dept. Workers
The Merit Systems Protection Board stayed the firings of over 5,600 probationary employees of the U.S. Department of Agriculture on Wednesday, ordering the employees back to work while the U.S. Office of the Special Counsel continues investigating whether the dismissals were a prohibited personnel practice.
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March 05, 2025
Arizona's 15-Week Abortion Ban Blocked As Unconstitutional
An Arizona state judge on Wednesday ruled that the state's abortion ban after 15 weeks of pregnancy is "unconstitutional" and cannot be enforced.
Expert Analysis
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.