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Public Policy
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February 19, 2025
Senators Aim To Update Permitting, But Roadblocks Loom
A bipartisan group of U.S. senators on Wednesday appeared united in a desire to address infrastructure project permitting delays and costs, but a top Democrat insisted that legislation can only come after the Trump administration has unfrozen federal funds.
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February 19, 2025
Judge Won't Halt PBM Case Over Attack On FTC Independence
A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.
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February 19, 2025
US Lagging China In Spectrum Use, Experts Tell Senate
The U.S. is rapidly losing ground to China in developing commercial uses for spectrum because it lacks an aggressive policy to make more government-controlled airwaves available for wireless and satellite communications, experts told the U.S. Senate on Wednesday.
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February 19, 2025
Judge Calls Trump's Trans Treatment 'Total Discrimination'
The D.C. federal judge who on Tuesday called President Donald Trump's executive order purporting to ban transgender people from serving in the military "unadulterated animus" pressed government attorneys once again Wednesday, asking how they could view the administration's numerous actions against trans people as "anything other than total discrimination."
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February 19, 2025
Pronoun Rule Prompts Recusal Request In Trans Athlete Suit
The plaintiffs in a lawsuit opposing the inclusion of a transgender woman on the San Jose State University woman's volleyball team want the judge removed from the case for insisting that the parties call the athlete in question by their preferred pronoun.
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February 19, 2025
Crypto Group Urges Rollback Of IRS Broker Rule
A coalition of members of the cryptocurrency trade group Blockchain Association urged congressional leaders Wednesday to repeal a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers.
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February 19, 2025
LA Gardasil Trial Against Merck Bagged After 3 Weeks
A Los Angeles state court trial over the alleged dangers of Merck & Co. Inc.'s human papillomavirus vaccine Gardasil was abruptly called off after three weeks of testimony, with a new panel of jurors slated to hear the case next fall instead.
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February 19, 2025
Airlines Can Ask 9th Circ. To Consider Airport Pollution Suit
A Washington judge has cleared Delta Air Lines and Alaska Airlines to ask the Ninth Circuit to weigh in on whether federal regulations governing air travel or jet emissions prevent property owners and residents from suing over alleged flight-path pollution near Seattle's main commercial airport.
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February 19, 2025
Pot Convict Says Feds' Attempt To Stay Gun Case Is 'Wild'
A Maine man with a cannabis conviction suing federal and state authorities over a policy banning him from lawfully owning a gun told a Maine federal court that the U.S. Department of Justice's recent motion to pause his case while the executive branch considers its position on the Second Amendment is "wild."
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February 19, 2025
No Coverage For Seller In NY Ghost Gun Suits, Insurer Says
The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.
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February 19, 2025
Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data
U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.
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February 19, 2025
Feds Urge Justices To Undo 5th Circ. Preventive Care Ruling
The U.S. Department of Health and Human Services and other federal agencies urged the U.S. Supreme Court to reverse a Fifth Circuit decision that members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, arguing the HHS secretary retained sufficient oversight.
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February 19, 2025
Maine Biz Income Sourcing Proposal Ambiguous, Groups Say
Maine Revenue Services' proposed amendment of its corporate income tax sourcing rules to clarify that receipts from services are sourced to where they are acquired or experienced instead of where they are received would increase ambiguity in the tax code, critics said Wednesday.
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February 19, 2025
Ex-Jones Day Partner Named For Key DOJ Civil Division Post
The U.S. Department of Justice announced Wednesday that President Donald Trump intends to nominate three people to key posts in the department, including former Jones Day partner Brett Shumate as assistant attorney general for the DOJ's Civil Division.
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February 19, 2025
Democratic States Urge Judge To Restore Refugee Program
A coalition of 19 Democratic-led states have thrown their support behind refugees and nonprofits seeking to block President Donald Trump's suspension of the U.S. refugee program, calling the move unlawfully broad in violation of the Immigration and Nationality Act.
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February 19, 2025
FinCEN Sets March Deadline For Corporate Transparency Act
The U.S. Treasury Department's Financial Crimes Enforcement Network set a new deadline of March 21 for an estimated 32 million small entities to file beneficial ownership reports relating to the Corporate Transparency Act after a Texas federal judge lifted a block on the law's enforcement.
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February 19, 2025
Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors
A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.
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February 19, 2025
3rd Circ. Hints County's Probation Detainers Need Scrutiny
Civil rights advocates told the Third Circuit that Allegheny County, Pennsylvania, is jailing defendants for probation violations too hastily, and the panel appeared open Wednesday to reviving a lawsuit against several county judges for more developments.
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February 19, 2025
Adams, DOJ Quizzed On Dismissal Bid By Wary Judge
A Manhattan federal judge on Wednesday scrutinized the U.S. Department of Justice's motion to dismiss corruption charges against New York City Mayor Eric Adams, rankling attorneys on both sides as he declined to "shoot from the hip" and immediately rule.
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February 19, 2025
Suit Targets USFS Approval For Stibnite Gold Project
Conservation groups asked an Idaho federal judge Tuesday to block a U.S. Forest Service approval for the Stibnite Gold Project on the Boise and Payette national forests, alleging that the agency failed to consider the project's impacts and ways to minimize harms.
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
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February 19, 2025
Peanut Truck Co. Exempt From Excise Tax, Justices Told
A Georgia maker of special trucks for peanut farming was denied an excise tax exemption for off-road highway vehicles because the IRS interpreted the law too narrowly, the company argued while urging the U.S. Supreme Court to overturn the Eleventh Circuit on the question.
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February 19, 2025
Ex-Defender Again Tries To Revive Sex Bias Suit At 4th Circ.
A former assistant public defender in North Carolina is urging the Fourth Circuit to reverse a bench ruling that dashed her long-running bias suit against the federal judiciary, saying the indifference she allegedly endured after she reported being sexually harassed proves her case.
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February 19, 2025
DOL Nom Seeks Distance From PRO Act Support At Hearing
President Donald Trump's nominee for U.S. Department of Labor secretary said during a Senate confirmation hearing Wednesday that although she previously backed pro-organizing legislation as a member of the U.S. House, she is "no longer" a lawmaker and would follow Trump's agenda.
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February 19, 2025
Nadine Menendez Loses Bid To Have Expert Testify On Gifts
A Manhattan federal judge on Wednesday rejected a request by Nadine Menendez to have a witness testify that receiving gold bars as gifts is normal in her culture, dealing the wife of former U.S. Sen. Bob Menendez a setback ahead of her corruption trial.
Expert Analysis
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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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.