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Public Policy
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April 03, 2025
7th Circ. Agrees Insurer Must Cover Chicago's $3.75M Atty Fees
The Seventh Circuit has affirmed a lower court's finding that StarStone Insurance must foot the bill for $3.75 million in attorney fees to the city of Chicago from a civil rights lawsuit that settled for nearly $19 million, rejecting the insurer's argument that its policy with the city only covers damages.
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April 03, 2025
South Korea To Support Industries Hit By US Tariffs
Acting South Korean President Han Duck-soo called Thursday for support to industries like automobiles and others affected by the "global tariff war" that he said was kicked off by the U.S. when it placed a 25% tariff on the country, according to local media.
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April 03, 2025
Mich. High Court Kicks Stalled-Bill Dispute To Appeals Court
The Michigan Senate won't get an immediate hearing at the state's highest court on the Michigan House's refusal to send passed legislation to the governor for signature, the court said late Wednesday.
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April 03, 2025
Ky. Allows Special Property Tax In Development Project Areas
Kentucky authorized taxing districts organized as part of regional economic development projects to impose a special tax on property located within their boundaries under a bill signed by Gov. Andy Beshear.
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April 03, 2025
Adams Case Threatens NY Southern District's 'Supremacy'
The controversial end to New York City Mayor Eric Adams' historic criminal corruption prosecution could threaten the Southern District of New York's privileged status within the Justice Department and its leverage over other districts when it comes to vying for the lead on high-profile cases, experts say.
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April 03, 2025
Trump FCC Nominee Set For Senate Hearing Next Week
The Senate Commerce Committee will hold an April 9 confirmation hearing on Olivia Trusty, the White House nominee for a third Republican seat on the Federal Communications Commission.
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April 03, 2025
Nadine Menendez Trial Paused Due To Health Concerns
Nadine Menendez's trial on charges that she facilitated bribe payments for her husband, former U.S. Sen. Bob Menendez, was paused for the week Thursday morning after the defendant appeared to be in discomfort and expressed unspecified health concerns.
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April 03, 2025
IRS Considering 16 Additions To List Of Taxable Substances
The Internal Revenue Service is seeking comments on proposals from four companies to add 16 chemicals to the Internal Revenue Code's list of taxable substances, the agency said.
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April 02, 2025
RealPage Sues Berkeley Over Rent Pricing Software Ban
RealPage on Wednesday asked a California federal judge to block Berkeley, California's impending ordinance prohibiting the use of software to set rent prices, claiming the ban is unconstitutional and based on the "groundless" claim that the algorithmic real estate pricing company's software has contributed to rising rent.
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April 02, 2025
Perkins Coie Urges Court To End Trump's 'Assault' On Firm
Perkins Coie LLP on Wednesday asked a D.C. federal judge to permanently block enforcement of President Donald Trump's "unconstitutional assault" on the firm and the rule of law, filing a summary judgment bid the same day the federal government pushed for the firm's suit to be tossed.
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April 02, 2025
'Zero Support In The Bar': Judiciary Downsizes Amicus Project
Faced with wide-ranging opposition and potential constitutional challenges, federal judiciary advisers Wednesday sharply scaled back plans to strengthen scrutiny of amicus briefs, a retreat that won praise from disparate corners of the legal industry.
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April 02, 2025
Narrowed Challenge To RI Offshore Wind Project Proceeds
A D.C. federal judge narrowed a suit seeking to halt work on Revolution Wind, a wind farm project off the coast of Rhode Island, tossing claims brought under three separate federal laws and dismissing claims brought by numerous plaintiffs under other environmental and wildlife protection, and historic preservation laws.
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April 02, 2025
Wis. Town Asks Court To Vacate 500-Acre Land Trust Order
A Wisconsin town has asked a federal judge to hand it a win in its challenge against a U.S. Department of the Interior Board of Indian Appeals decision affirming that eight properties totaling nearly 500 acres may be held in trust for the Oneida Nation.
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April 02, 2025
5th Circ. Presses Jackson, Miss., About Lead Levels In Water
A Fifth Circuit panel pressed the city of Jackson, Mississippi, about its allegedly slipshod handling of lead contamination in city drinking water during oral arguments Wednesday, with one judge saying city officials seemingly "very artfully avoided" questions about poisoned drinking water to skirt culpability.
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April 02, 2025
NIH Sued By Researchers Over 'Ideological Purge' On Grants
The American Public Health Association and others sued the federal government in Massachusetts federal court on Wednesday over the cancellations of billions of dollars worth of National Institutes of Health research grants on such issues as gender identity, diversity, vaccine hesitancy and climate change, claiming the "ideological purge" is illegal.
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April 02, 2025
DC Judge Probes EPA's Reasons For Freezing Climate Funds
A D.C. federal judge on Wednesday pressed a U.S. Department of Justice lawyer about the U.S. Environmental Protection Agency's explanation for cutting off $20 billion in grant money for climate change projects as a trio of nonprofits seek to turn the funding back on.
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April 02, 2025
Justices' Ghost Gun Decision Worrisome Win For Gun Control
The U.S. Supreme Court's recent decision upholding a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits is a clear-cut win for gun control proponents, but experts said it also signals a problematic shift to a supervisory role for the courts.
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April 02, 2025
DC Circ. To Hear Trump Admin's Bid To Stay CFPB Injunction
A D.C. Circuit panel said Wednesday that it will hold a hearing next week on whether to stay a federal judge's order barring the Trump administration from shutting down the Consumer Financial Protection Bureau, taking up what has also become a jurisdictional dispute.
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April 02, 2025
Congress Demands VA Update Health Record System Costs
A bipartisan group of congressional leaders has sent a letter demanding that the U.S. Department of Veterans Affairs update its schedule and cost estimate for its problem-ridden, multibillion-dollar electronic health record modernization program, just as the VA announced it would roll out the system to nine additional sites in 2026.
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April 02, 2025
Attys Call Ending DOJ Tax Division 'Epic Failure' In Efficiency
The U.S. Department of Justice's plan to dissolve its Tax Division would jeopardize effective tax enforcement nationwide, a slew of tax controversy lawyers told the DOJ Wednesday, saying such a move would defeat President Donald Trump's stated overarching goal to improve government efficiency.
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April 02, 2025
Immigration Officials Restrict Sex Recognition To The Binary
U.S. Citizenship and Immigration Services said Wednesday that it will recognize only two biological sexes — male and female — ending the Biden administration's short-lived policy of allowing nonbinary immigrants to select an "X" gender marker on some forms.
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April 02, 2025
Serial Acquisitions Are Still On The FTC's Radar
The previous administration's focus on private equity firms making serial acquisitions in the same industry may continue under the Federal Trade Commission's new leadership, an agency official said Wednesday.
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April 02, 2025
Sotomayor Seems Wary Of 'Magic Words' For Medicaid Rights
The U.S. Supreme Court's liberal bloc on Wednesday bristled at the notion that "magic words" were necessary to cement a public insurance program recipient's right to sue, suggesting that a private right of action is inherent in the Medicaid Act's provider choice provision.
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April 02, 2025
5th Circ. Asks If Miss. Discount Drug Law Is Constitutional
A Fifth Circuit panel struggled to untangle a Mississippi state law requiring drugmakers to distribute products to pharmacies at a discount, asking Wednesday whether the law unconstitutionally deprives drugmakers of their right to decide what they do with their property.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
Expert Analysis
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Opinion
Admin Change May Help Reduce PTAB Invalidation Rates
It is not good for the U.S. patent system that the Patent Trial and Appeal Board finds all challenged claims to be unpatentable 70% of the time — but new leadership at the Commerce Department and U.S. Patent and Trademark Office may foster pro-patent policies and provide some relief, says Stephen Schreiner at Carmichael IP.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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3 Potential Developments That May Alter US Patent Rights
The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.
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Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
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8 Ways Cos. Can Prep For Termination Of Their Enviro Grants
The federal government appears to be reviewing energy- and infrastructure-related grants and potentially terminating grants inconsistent with the Trump administration's stated policy goals, and attorneys at DLA Piper provide eight steps that recipients of grants should consider taking in the interim.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.