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Public Policy
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April 11, 2025
DOGE, OMB Ordered To Ready 1,000s Of Pages In FOIA Suit
A D.C. federal judge ordered the Office of Management and Budget and the Department of Government Efficiency to start processing 1,000 pages of documents per month to potentially hand over to a watchdog group seeking insight into DOGE's "secretive operations," saying DOGE's actions were of "highest national concern."
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April 11, 2025
9th Circ. Won't Renew Wash. DACA Recipient's Loan Bias Suit
The Ninth Circuit declined on Friday to revive a woman's discrimination suit against a Washington credit union, saying she cannot show she was refused a car loan because of her status as a Deferred Action for Childhood Arrivals program recipient.
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April 11, 2025
FTC Democrat Members Seek Quick Win In Trump Firing Suit
Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.
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April 11, 2025
SEC Taps 2 Agency Staffers For Senior Enforcement Roles
The former director of the U.S. Securities and Exchange Commission's Philadelphia office has been promoted to overseeing the agency's trial team while an adviser to acting SEC Chair Mark Uyeda has been given the role of associate director of enforcement, according to a pair of recent announcements.
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April 11, 2025
Ill. Sen.'s Ex-Intern Thought He'd 'Eventually' Get Job For Pay
A former intern for whom federal prosecutors say an Illinois senator illegally solicited a job testified Friday that he received several payments despite performing no work for a red-light camera company executive who said he was getting the job as "an assist" to the senator.
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April 11, 2025
3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits
Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.
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April 11, 2025
Permit Suit Can't Sidestep ICE's Immunity, GEO Group Says
GEO Group Inc. told a New Jersey federal judge that the city of Newark's lawsuit aiming to block development of an immigration detention facility over permitting and inspections can't proceed without naming U.S. Immigration and Customs Enforcement as a defendant.
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April 11, 2025
EchoStar Wants FCC To Cut Satellite Cos.' Political File Reg
Dish Network parent company EchoStar Corp.'s wishlist to curb Federal Communications Commission regulations includes a proposal to drop a requirement that satellite providers keep tabs on paid political ads.
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April 11, 2025
Seattle Port Says Housing Project 'Poor Fit' In Industrial Core
The Port of Seattle has gone to court to block a rezoning ordinance that allows nearly 1,000 new residential units near the city's sports stadiums, a project the port said threatens to snarl the nearby movement of cargo from a seaport that is a key driver of the region's economy.
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April 11, 2025
DOJ Torches Biden-Era Enviro Justice Deal With Alabama
The U.S. Department of Justice on Friday terminated a groundbreaking civil rights law-based environmental justice settlement intended to improve water infrastructure in a low-income Black community in Alabama, calling it another step in the Trump administration's effort to eliminate anti-discrimination initiatives.
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April 11, 2025
Feds Still Mulling Wartime Removal Notice And Process
The Trump administration hasn't worked out what kind of notice it will give alleged Venezuelan gang members subject to removal under the 1878 Alien Enemies Act in light of the U.S. Supreme Court's ruling that it must do so, a government attorney told a Texas federal judge Friday.
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April 11, 2025
FTC Starts Process That May Nix Chevron, Exxon Deal Limits
The Federal Trade Commission took the first steps Friday toward potentially lifting bans on the CEOs of Hess and Pioneer Natural Resources serving on the boards of Chevron and Exxon, respectively, under agreements assailed by the FTC's Republican leadership who want to permit the Chevron-Hess and Exxon-Pioneer mergers without those restrictions.
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April 11, 2025
Live Nation, Ticketmaster Can't Nix Consumer Antitrust Suit
A California federal judge Friday denied a bid from Live Nation and Ticketmaster to toss an antitrust case from consumers alleging monopolization of the concert ticketing market, following a tentative ruling issued earlier this week while finding a recent antitrust win for Amazon doesn't translate to the case before him.
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April 11, 2025
Prosecutors Seek 18 Years For Ex-CFO's 'Extreme' $40M Fraud
The former Detroit Riverfront Conservancy CFO who pled guilty to embezzling about $40 million from the nonprofit spent the money on a lavish lifestyle as part of a crime "borne out of avarice so extreme that it remains difficult to fully grasp," federal prosecutors said in recommending an 18-year prison sentence.
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April 11, 2025
USDA, White Farmers Clash Over Disaster Aid Remedy
The U.S. Department of Agriculture and a group of white Texas farmers are clashing over how the agency should remedy its allegedly unlawful prioritization of minority groups as a part of a distribution scheme for disaster assistance and pandemic relief programs.
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April 11, 2025
7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion
A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.
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April 11, 2025
Native Villages Say It's Time To Vacate $70M Broadband Grant
Now that a federal court has found that Alaskan native villages are tribal lands in the same way reservations are, that court is being told it's time for it to grant two such villages summary judgment on their claims that the government wrongly gave away $70 million in broadband funds meant for them.
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April 11, 2025
Ala. Justices Nix Owner Property Tax Break For LLC
An Alabama condominium was correctly reclassified for property tax purposes because the couple who own the property had transferred ownership to a limited liability company, the state Supreme Court ruled Friday.
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April 11, 2025
Ill. Sens. OK Bill Nixing Pot Odor As Grounds For Car Search
Illinois lawmakers have advanced a bill that would ensure the smell of marijuana on its own does not allow law enforcement to search a vehicle.
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April 11, 2025
Rebuffed Medical Pot Patient Can Pursue Disability Bias Claim
A Pennsylvania federal judge has reinstated a medical marijuana user's disability bias claim in a lawsuit against a Cleveland-based construction company after revisiting a prior order, finding the company might have failed to explore alternative accommodations for the man's disabilities — apart from cannabis use — before rescinding a job offer.
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April 11, 2025
China Hikes US Tariffs To 125%, Saying No More Tit-For-Tat
China's government said Friday it has raised its tariffs on U.S. goods to 125% and won't match future tariff rate increases by President Donald Trump, who according to the White House has set the rate for most Chinese goods at 145%.
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April 11, 2025
Feds Seek Release Of Informant Who Falsely Accused Bidens
California federal prosecutors are seeking the release of a former FBI informant who is serving a six-year prison sentence for falsely telling agents that former President Joe Biden and his son Hunter Biden had accepted bribes from a Ukrainian energy company.
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April 11, 2025
Prison Reform Advocate Can Sue Over Access To Inmates
A D.C. federal judge ruled on Friday that a prison reform advocate can largely proceed with a suit accusing the Federal Bureau of Prisons of illegally blocking her from exchanging messages with inmates as part of an alleged campaign to stifle her work.
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April 11, 2025
Family Should Face Charges In $81M Tax Scheme, US Says
The U.S. government urged a New York federal court not to trim its complaint against the former shareholders of a family holding company accused of participating in an $81 million tax scheme, saying the family illegally avoided paying capital gains on its sale of the company.
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April 11, 2025
House Bill Would Fund Satellite, Fixed Wireless Broadband
An Ohio Republican has introduced House legislation to use some of the funds from the $42.5 billion Congress set aside for broadband expansion in 2021 to help defray the costs of obtaining satellite or fixed wireless broadband equipment and service.
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.