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Public Policy
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April 04, 2025
NY Judge Who Blocked VOA Shutdown Sends Case To DC
The Manhattan federal judge who called the Trump administration's move to shutter Voice of America a "classic case" of arbitrary policymaking on Friday ordered the case transferred to Washington, D.C., federal court, but said his restraining order remains in effect.
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April 04, 2025
BREAKING: Trump Gets Supreme Court Win In Teacher Grants Case
The U.S. Supreme Court on Friday axed a Massachusetts federal judge's order requiring the Trump administration to reinstate $250 million in teacher training grants for eight states, giving President Donald Trump his first high court win amid what he claims is a flood of allegedly unlawful court orders restraining the executive branch's power.
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April 04, 2025
Hemp Sellers Fight To Keep Conn. Suit Alive
A group of hemp companies is urging a Connecticut federal court not to dismiss their claims that the state's new hemp regulations are unconstitutional, saying their complaint shows that the the laws are too vague and violate the 2018 Farm Bill by redefining hemp.
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April 04, 2025
Jones Walker Adds Ex-Husch Blackwell Atty To DC Office
Jones Walker LLP has strengthened its maritime practice with the recent addition of an attorney who moved her practice to the Washington, D.C., office after more than five years with Husch Blackwell LLP, the firm announced Friday.
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April 04, 2025
FTC Chair Seeks to Revive Insulin Case By Ending Recusal
Just days after the Federal Trade Commission's general counsel stayed its insulin price-fixing case against the country's biggest pharmacy benefit managers due to a lack of commissioners, at least one is returning to the fold.
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April 04, 2025
China Issues Tariffs, WTO Challenge To Hit Back At Trump
Chinese officials began honing their response to the Trump administration's expansive new tariffs on Friday, setting up retaliatory duties and announcing plans for a challenge at the World Trade Organization.
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April 04, 2025
Mortgage Lender Sues US For $5M In Worker Credit Refunds
The Internal Revenue Service owes a mortgage lender $5 million in refunds for worker tax credits after it had to suspend operations during the pandemic, the lender told a California federal court, saying the agency denied one of its claims for credits without conducting an audit.
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April 04, 2025
AGs Sue To Halt Disruptions To NIH Grant Funding
A coalition of 16 states on Friday sued the National Institutes of Health over delays and cancelations of grant programs linked to vaccines, transgender issues and other areas they say are currently "disfavored" by the Trump administration.
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April 04, 2025
Pension Annuity Rulings Leave Attorneys Looking For Clarity
Benefits attorneys say they'll be watching the circuits, and perhaps the nation's highest court, for clarity after recent divergent decisions in cases accusing defense and aerospace manufacturer Lockheed Martin and aluminum giant Alcoa of violating federal benefits law by converting pension benefits into annuity insurance contracts.
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April 03, 2025
Civil Liberties Org. Sues To Block Trump's China Tariffs
The New Civil Liberties Alliance on Thursday filed what it says is the first lawsuit challenging President Donald Trump's February and March tariffs on all imports from China, saying the president doesn't have the authority to impose emergency tariffs without congressional approval.
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April 03, 2025
TV Star Dr. Oz Confirmed As New Medicare, Medicaid Leader
The U.S. Senate on Thursday voted 53 to 43, along party lines, to confirm former talk show host and surgeon Dr. Mehmet Oz to be the next administrator of the Centers for Medicare & Medicaid Services.
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April 03, 2025
3 Ways The Trump EPA Could Impact The Chemical Industry
The U.S. Environmental Protection Agency's potential deregulatory actions, staffing reductions and shifts in scientific practices portend changes for the chemical industry that could ultimately benefit the sector. Here, Law360 looks at three key areas of concern for the chemical industry.
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April 03, 2025
Warren Calls For Investigation Into SEC's Crypto About-Face
U.S. Sen. Elizabeth Warren is asking the inspector general of the U.S. Securities and Exchange Commission to investigate whether President Donald Trump, his family or associates have had "undue influence" over the agency's recent moves to back off from regulating the cryptocurrency industry.
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April 03, 2025
House GOP Launches Bid To Undo Calif. Emissions Waivers
Republican lawmakers unveiled on Thursday a trio of Congressional Review Act resolutions that seek to repeal California's clean-vehicle waivers created under the Biden administration that allowed the Golden State to ban gas-powered vehicles, heavy trucks and diesel engines by 2035, spurring swift opposition from at least one environmental group.
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April 03, 2025
Gun Website Can't Sue Facebook Over Removal, Panel Says
A Pennsylvania appeals court said Thursday it won't order Facebook and Instagram to reinstate an online gun marketplace's banned social media accounts, saying there is no valid claim that a state agent violated the company's free speech rights.
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April 03, 2025
CFPB Says It Will Reopen Small-Biz Lending Rule
The Consumer Financial Protection Bureau said Thursday that it will reopen its Biden-era rule requiring financial institutions to report data on their small business lending activity, the latest policy pivot for the agency under its new Trump-appointed leadership.
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April 03, 2025
Unvaxxed Firefighters Face Skeptical 9th Circ. In Firing Appeal
A panel of Ninth Circuit judges questioned the argument made Thursday by eight Washington fire and rescue workers fired after refusing COVID-19 vaccinations, challenging their claim that COVID-19 infections did not create an undue hardship for their department.
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April 03, 2025
DC Judge Skeptical White House Heeded Deportation Order
A D.C. federal judge on Thursday told a Justice Department lawyer there was a "fair likelihood" the Trump administration defied a court order blocking the use of a 1798 wartime law to deport Venezuelans.
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April 03, 2025
Compounders Say Shortage Of Weight Loss Drug Continues
A group of compounding pharmacies looking to keep producing copycat doses of Eli Lilly & Co's lucrative weight loss drug tirzepatide are telling a Texas federal judge that demand for the drug has "far outpaced" supply despite the Food and Drug Administration declaring the medication's shortage over last year, a move that removed their right to make compounded versions.
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April 03, 2025
Senate Panel Advances Bills Tackling Drug Patents, Pricing
A U.S. Senate panel on Thursday approved a group of bills tackling pharmaceutical patents and drug pricing, including measures that claim to address so-called patent thickets and an industry practice called "product hopping."
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April 03, 2025
Hospital Group Urges 4th Circ. To Undo Data Access Order
Industry groups representing hospitals and health data companies have urged the Fourth Circuit to rethink its panel's dismissal of an appeal over an order forcing an electronic medical records company to let a nursing data company access patients' information, saying the order creates a financial burden on the healthcare system.
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April 03, 2025
State Enforcers Are Developing Their Local Antitrust Laws
State antitrust enforcers have increasingly struck out on their own in recent years, filing cases targeting both national and local issues in state courts in an effort to expand the reach of their local antitrust laws, a panel of state enforcers said Thursday.
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April 03, 2025
Detained Tufts Student Pushes To Keep Suit In Mass.
Lawyers for a Tufts University doctoral student who was arrested by immigration officials and quickly transported out of Massachusetts urged a federal judge on Thursday to keep a suit challenging her detention in the state, accusing the government of improper forum shopping.
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April 03, 2025
Carrier Dealing Rule Is Fair, Maritime Regulator Tells DC Circ.
The agency that regulates the U.S. international ocean transportation system had "ample authority" to issue a rule defining "unreasonable" refusals to negotiate on the part of ocean carriers, the regulator has argued in response to a challenge from an affected trade association.
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April 03, 2025
7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill
The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.
Expert Analysis
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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SEC Confidential Review Process Provides Issuers Flexibility
The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.
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Series
Birding Makes Me a Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Pending FCPA Trials Suggest About DOJ Priorities
Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Will Trump Order On Transgender Women In Sports Survive?
Attorneys at Venable consider whether President Donald Trump's executive order banning transgender women from women's sports will survive legal challenges, and if it does, how federal agencies will enforce it.