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Public Policy
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March 31, 2025
Insurer Off The Hook For Tribe's COVID Casino Shutdown
Lexington Insurance Co. does not owe a Washington tribe business-loss coverage after COVID-19 forced the shutdown of the tribe's casino, a Washington state appeals court said Monday, ruling that the virus did not cause direct physical loss or damage to tribal properties.
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March 31, 2025
Coalition Warns SAVE Act Will Disenfranchise Minority Voters
A coalition of civil and human rights groups is urging members of Congress to oppose legislation that requires states to obtain in-person proof of citizenship before allowing an individual to vote, arguing the bill represents a shameful, divisive attempt to prevent millions of eligible minorities from casting ballots.
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March 31, 2025
House To Vote On Bill To Curb Nationwide Injunctions
The U.S. House of Representatives is one step closer to voting this week on a bill to curb nationwide injunctions, which Republicans are championing in the wake of federal judges ruling against many of the Trump administration's policies on immigration, government funding, the federal workforce and other areas.
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March 31, 2025
Hegseth Wants Single Fitness Standard For Combat Roles
Defense Secretary Pete Hegseth has ordered military leaders to revise their physical fitness standards for service members in combat roles, saying the standards need to be "sex-neutral," with no exceptions for current troops.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Minimum Wage Orders Blocked For H-2A Farmworkers In Wash.
The U.S. Department of Labor may not approve minimum wage job orders for migrant farmworkers in Washington state, a federal judge has ruled, saying seasonal farmworkers with H-2A visas must receive paychecks that don't depress agricultural wages in the area.
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March 31, 2025
House Passes Bill Easing Up Tax Relief For Disasters
The U.S. House overwhelmingly passed bipartisan legislation Monday to allow victims of state-declared emergencies more time to file federal returns and debated a second measure to allow affected taxpayers to qualify for extended deadlines for refund claims and collection notices.
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March 31, 2025
Va. Judge Halts Firings Of Intelligence Officers In DEI Posts
A Virginia federal judge on Monday blocked the Trump administration from following through with terminating intelligence officers assigned to diversity, equity and inclusion roles in the CIA and U.S. Office of the Director of National Intelligence.
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March 31, 2025
Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says
A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.
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March 31, 2025
Justices Doubtful Of Inmate's Habeas Amendment Petition Bid
The U.S. Supreme Court on Monday appeared reluctant to make an exception to a federal law preventing incarcerated people from bringing multiple habeas corpus challenges to their convictions by allowing prisoners to amend their initial habeas petitions while they are still pending on appeal.
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March 31, 2025
Local, State Officials Cautious On Rollback Of Enviro Rules
Several national groups representing local regulatory officials responsible for overseeing infrastructure projects told the White House they're concerned about a rule rolling back regulations for complying with environmental review requirements.
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March 31, 2025
DC Nonprofit Says EPA Climate Fund Freeze Is Unlawful
Justice Climate Fund has asked a D.C. federal judge to declare that the U.S. Environmental Protection Agency and Citibank NA broke the law by blocking its access to $940 million awarded by the agency for climate investments in low-income communities.
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March 31, 2025
Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told
A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.
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March 31, 2025
Wireless Cos. Warn Of Economic Losses In Call For Spectrum
The wireless industry is ramping up calls for Capitol Hill to allow more midband licensed spectrum, pointing to a new report showing that failure to clear more airwaves could cost the U.S. more than $1.4 trillion in economic growth over a decade.
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March 31, 2025
Shook Hardy Practice Leader To Stand In As Chicago US Atty
One of Chicago firm Shook Hardy & Bacon LLP's government investigations and white-collar practice chairs is headed back to the U.S. attorney's office, this time as northern Illinois' next top prosecutor, after spending about a decade in private practice serving in leading white collar roles.
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March 31, 2025
Feds Seek $3M From Ex-Ill. Speaker, Who Wants New Trial
Former Illinois House Speaker Michael Madigan urged an Illinois federal judge to acquit him of bribery and wire fraud, or at least order a new trial, due to "numerous" jury instruction and evidentiary errors that confused and prejudiced the jury, on the same day prosecutors filed a motion for him to forfeit more than $3 million in the wake of his partial conviction.
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March 31, 2025
Low-Power TV Stations Seek Looser Rules For 5G Broadcast
Low-power TV broadcasters have asked the Federal Communications Commission to let them voluntarily transmit 5G broadcast signals and, in turn, ease requirements to carry programming channels.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
Town Must Pay $7.7M To Murder Exoneree With Added Interest
A Connecticut murder exoneree is entitled to nearly $2 million in interest payments on top of a $5.7 million jury verdict against the estate of a deceased town of New Milford police officer, a federal judge has ruled.
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March 31, 2025
NJ Panel Denies Double Pay For Union In COVID Case
Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Trump Chooses DOL Wage Chief
President Donald Trump on Monday nominated Andrew Rogers, acting general counsel for the U.S. Equal Employment Opportunity Commission, to run the U.S. Department of Labor's Wage and Hour Division, a role that along with the labor secretary oversees wage rulemaking and enforcement.
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March 31, 2025
DOI Rescinds Gaming Eligibility In $700M Calif. Casino Project
The Department of the Interior has temporarily suspended a gaming eligibility determination for a California tribe's $700 million casino and gaming resort project, saying Secretary Doug Burgum is concerned that the agency didn't consider additional evidence regarding the 160-acre parcel's restored lands exception.
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March 31, 2025
NYC Fights Group's Claim Of Biased Property Tax System
An organization that says New York City's property tax regime discriminates against minorities can't proceed with its claim, the city told the state appellate court, saying that further discovery or trial is needed.
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March 31, 2025
USPTO Cuts Not A Source Of Savings For Trump, Attys Say
As the Trump administration focuses on shrinking the federal government and reducing agency headcount, the U.S. Patent and Trademark Office should be spared from layoffs and other disruptions because it's fully funded by user fees, attorneys told Law360.
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March 31, 2025
Kalshi Sues Nevada, New Jersey Gaming Regulators
KalshiEx LLC has sued Nevada and New Jersey agencies for attempting to preempt federal regulations with their demands that the trading platform remove event contracts that allow users to trade on the outcomes of sporting events.
Expert Analysis
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
IRS Should Revise Overbroad Microcaptive Regs
Rather than seeking to curtail use of congressionally sanctioned microcaptive insurance programs by imposing burdensome disclosure obligations, the Internal Revenue Service should revisit its recently finalized regulations and implement rules tailored to address areas of specific abuse, say attorneys at Zerbe Miller.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.