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Public Policy
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Rakoff Quips 'I Love Trials' Before Palin-NYT Libel Rematch
Manhattan U.S. District Judge Jed S. Rakoff took up legal questions Friday ahead of a retrial for former Alaska Gov. Sarah Palin in her suit accusing The New York Times of maliciously defaming her, cheerfully noting that an earlier verdict was erased.
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April 11, 2025
Mississippi Federal Judge To Take Senior Status April 15
U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who was the first female federal district judge in the state, will take semiretired status on April 15.
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April 11, 2025
DOJ Confirms Immigration Board Was Nearly Halved
The U.S. Department of Justice confirmed in an interim final rule on Friday that it slashed the number of board members on the Board of Immigration Appeals from 28 to 15, saying the greater number did not lead to more efficiency.
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April 11, 2025
Mass. Rep Charged With Stealing Funds For Campaign, Bills
A Massachusetts state representative from Cape Cod was arrested Friday morning on charges that he stole thousands of dollars from a trade group he ran and spent the money on his political campaign, his mortgage and credit card bills, a new wardrobe and a psychic.
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April 10, 2025
Trump Floats Using Firms That Cut Deals For Trade Dealings
President Donald Trump said during a Cabinet meeting Thursday that he wants to use BigLaw firms that have reached deals with the White House to "help us out" with making trade deals, telling Cabinet members, "I have a lot of legal fees I can give to you people, and we may as well use them."
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April 10, 2025
AbbVie Wants ND, SD Drug Pricing Laws Blocked
Drugmaker AbbVie Inc. on Thursday asked federal courts to block new drug-pricing laws in both North Dakota and South Dakota, alleging that the measures requiring the company to transfer products to certain pharmacies at discounted prices are unconstitutional.
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April 10, 2025
Monsanto Can't Nix PCB Expert From 11th Seattle School Trial
A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.
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April 10, 2025
Dems Will Get More Answers From Pick For DC US Atty
In a compromise with concerned Democrats, the Republican leader of the Senate Judiciary Committee said Thursday that the nominee for the U.S. attorney for the District of Columbia will answer an extensive questionnaire as part of his confirmation process.
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April 10, 2025
Vanda Sues FDA To Block Off-Label Use Drug Promo Regs
A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.
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April 10, 2025
Fla. Trainer Jockeys For Temporary Halt To Horseracing Law
A Florida equestrian trainer Thursday urged a federal court to temporarily halt the enforcement of a law regulating horse racing safety, arguing that delegating oversight authority to a private corporation is unconstitutional although a judge declined to immediately rule and instead sought clarity on the issue of immunity.
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April 10, 2025
Immigration Groups Seek Unredacted Tax Data-Sharing Pact
Immigration advocates trying to block the Internal Revenue Service from disclosing taxpayers' information to the U.S. Department of Homeland Security and other agencies urged a D.C. federal court on Thursday to require the Justice Department to hand over an unredacted version of a government agreement to share the confidential data.
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April 10, 2025
Paying Senator Directly Would Have Been 'Funky,' Jury Hears
A former red-light camera executive serving as the government's star witness in an Illinois senator's bribery trial acknowledged Thursday that only he raised concerns about keeping their relationship private and concealing financial payments so they wouldn't look "funky" to the public.
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
Senate Dems Press Fed's Bowman On Political Independence
President Donald Trump's pick for Federal Reserve supervision czar told senators on Thursday that the central bank should have independence to set monetary policy, but she declined to say whether its regulatory policy should be subject to White House review.
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April 10, 2025
Judge To Stop DHS From Ending Parole For 450K Immigrants
A Boston federal judge said Thursday that she expects to block the U.S. Department of Homeland Security from bringing an early end to a Biden-era decision allowing nearly a half-million immigrants from Cuba, Haiti, Nicaragua and Venezuela to stay in the United States while they seek asylum or other legal status.
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April 10, 2025
Calif. Rep's Bill Would Shield Farmers From Retaliatory Tariffs
A California congressman on Thursday introduced a bill in the U.S. House aiming to curb the authority of President Donald Trump to impose new or additional duties on agricultural products from countries that are major agricultural trade partners with the United States.
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April 10, 2025
Bipartisan AI Deepfakes Bill Reintroduced In Congress
A bipartisan group of lawmakers in Congress will again try to address the proliferation of so-called deepfakes created with artificial intelligence with a bill that would give individuals the right to authorize or oppose the use of their voice or visual likeness.
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April 10, 2025
ALA, AFSCME Sue To Stop Trump Cuts To Library Services
President Donald Trump's administration is acting against Congress' will by making significant cuts to the agency that serves as "the lifeblood of the American library system," the American Library Association and a federal workers' union argued in Washington, D.C., federal court Thursday, asking the court to reverse the cuts.
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April 10, 2025
SEC Urged To Look At FINRA's 'Unprecedented' Review Delay
Shareholders of Entrex Carbon Market Inc. have urged the U.S. Securities and Exchange Commission to review what they say is the Financial Industry Regulatory Authority's harmful failure to act on the carbon offset trading platform's requests for a name change and approval of stock splits.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Debt Collector Can Hang Tight While CFPB Mulls Probe
A Georgia federal judge has said that National Credit Systems does not have to turn over documents and other material to the Consumer Financial Protection Bureau for the time being, as the agency decides whether it is proceeding with a pending investigation into the debt collector for alleged credit reporting and debt collection violations.
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April 10, 2025
Bill Aimed At Rulemaking Efficiency Headed To Abbott's Desk
A bill that would establish an office tasked with improving rulemaking efficiency among state agencies is headed to the Texas governor's office after passing both chambers of the Legislature.
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April 10, 2025
Trump Order Calls For Faster, More Flexible Defense Contracts
President Donald Trump has ordered the U.S. Department of Defense to prioritize commercial items and flexible acquisition authorities to speed up defense contracting, and review over-budget and lagging defense programs for potential cancellation.
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Opinion
US Reassessment Of OECD Tax Deal Is Right Move
The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.