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Public Policy
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April 07, 2025
Justice Roberts Pauses Return Order In Deportation Case
Chief Justice John Roberts hit pause Monday on a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, freeing the administration from a late night compliance deadline.
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April 07, 2025
Supreme Court Declines Review Of NY Concealed Carry Law
The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.
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April 07, 2025
Full DC Circ. Lifts Pause On NLRB, MSPB Reinstatements
The full D.C. Circuit on Monday lifted a March panel decision pausing the reinstatement of National Labor Relations Board and Merit Systems Protection Board members that President Donald Trump fired, saying U.S. Supreme Court precedent blessing limitations on the president's ability to fire agency officials still stands.
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April 04, 2025
Feds Say George Santos Should Spend 7 Years Behind Bars
Federal prosecutors said Friday that former U.S. Rep. George Santos should spend 87 months — more than seven years — behind bars for his fraud and aggravated identity theft, a sentence that Santos' lawyers called "absurd," arguing instead that he shouldn't spend more than two years in prison.
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April 04, 2025
Colo. Justices To Hear Title IX Privilege, Claims Clock Cases
The Colorado Supreme Court next week will hear arguments about whether statements made in Title IX investigations should be privileged from civil liability, how government bodies can properly "cure" transparency violations and when the claims clock should start running after the death of a minor.
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April 04, 2025
Hilco To Fight $177M GSA Deal Cancellation
Hilco Development Services said it will fight the General Services Administration's decision to cancel its $177 million sale of a decommissioned federal government building in California to the construction company.
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
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April 04, 2025
21 States Say Trump Order Will Disenfranchise Millions
Attorneys general from California, Washington. New York and 18 other states have filed federal lawsuits to block President Donald Trump's executive order on voting, saying it is an unconstitutional power grab that would make it harder for millions of eligible people to vote.
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April 04, 2025
GOP Sens. Attack Calif. Waivers Despite Parliamentarian Ruling
The U.S. Senate parliamentarian on Friday said Republicans may not use a rule-killing legislative maneuver to void Biden-era Clean Air Act waivers that allow California to set its own vehicle emissions standards — but the GOP is plunging ahead anyway.
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April 04, 2025
Chevron Hit With $745M Verdict Over La. Coast Pollution
Chevron must pay nearly $745 million to repair damage done to southeast Louisiana's coastal wetlands, a Plaquemines Parish jury ruled Friday in a case filed more than a decade ago.
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April 04, 2025
Mohawk Nation Drops Out Of NY Suit Over Deal Disagreement
A New York federal judge has granted a tribal nation's bid to dismiss its claims against the state in a land dispute stemming from a 1796 treaty after the tribe told the judge it can't go along with a proposed settlement.
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April 04, 2025
Split DC Circ. Denies Calif. Subsidies For Border Hospitals
A split D.C. Circuit panel on Friday found it was not unconstitutional for California to exclude hospitals bordering the state from a program distributing supplemental payments to providers that serve Medi-Cal beneficiaries.
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April 04, 2025
Detained Tufts Student's Suit Transferred To Vermont
A Massachusetts federal judge on Friday transferred a Tufts University student's habeas corpus suit to Vermont, rejecting the federal government's bid to dismiss the suit or transfer it to Louisiana, where the Turkish doctoral student is currently detained.
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April 04, 2025
Broadcasters Seek Updated Tech Rules For Emergency Alerts
A national trade association for over-the-air radio and television broadcasters has renewed its 2022 request for the U.S. Federal Communications Commission to update its emergency alert rules, citing the recent announcement that one of the remaining vendors for the emergency alert system's devices will soon stop making the relevant equipment.
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April 04, 2025
Feds Must Bring Back Wrongly Deported Md. Man, Judge Says
A Maryland federal judge Friday ordered the Trump administration to bring back a Maryland man who was deported and imprisoned in El Salvador due to an "administrative error," finding his removal likely violates the Immigration and Nationality Act.
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April 04, 2025
Railroads Worry Growing Spectrum Needs Won't Be Met
The Association of American Railroads is warning the Federal Communications Commission that its frequencies need to be better protected from interference in order to assure that trains keep running properly and safely.
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April 04, 2025
Judge Halts Denver Dam Work For More Enviro Review
A Colorado federal judge has temporarily halted construction on a Denver dam, pending a hearing on what is "reasonable and necessary" to ensure the dam will be structurally safe while the federal government takes a second look at its dredging permit approval.
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April 04, 2025
Va. Tribe Accuses State Of Obstructing Medicaid Program
The Nansemond Indian Nation and its healthcare entity have sued the Commonwealth of Virginia in federal court, saying the state made changes to its Medicaid program without lawful authority in a "systematic" campaign to undermine the sovereign rights of tribes.
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April 04, 2025
NIH Wants Prompt 1st Circ. Review Of Agency's Grant Caps
The National Institutes of Health is seeking a quicker path to appeal a ruling that blocked its cap on research grant costs, asking a Boston federal judge on Friday to make permanent the preliminary injunction that put the agency's cost-cutting plans on hold.
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April 04, 2025
Jury Must Hear Law School Remote Learning Disability Suit
A Michigan federal judge on Friday said a jury should determine whether it was reasonable for Wayne State University to deny a blind student's request to attend classes virtually because it claimed doing so would alter the curriculum, noting that the school went entirely online during the COVID-19 pandemic.
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April 04, 2025
House Dem Seeks Caffeine Warnings After Student Death
Fast food chains and energy drink makers should be required to slap a "high caffeine" warning on certain beverages, a U.S. House Democrat said, announcing his intention to push such a bill while standing next to the parents of a University of Pennsylvania student who died after drinking a now-discontinued caffeinated drink.
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April 04, 2025
Ex-BigLaw Attorney, Aspen Officals Drop Remodeling Fee Suit
Litigator Steven Molo and a county government agreed to dismiss a lawsuit claiming officials improperly charged nearly $750,000 in impact fees for a 2023 remodeling project on the attorney's Aspen, Colorado, home under a 2020 land use ordinance.
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April 04, 2025
Texas Says San Antonio Is Funding Out-Of-State Abortions
Texas Attorney General Ken Paxton accused the city of San Antonio of appropriating taxpayer funds to pay for pregnant women to travel out of state to seek abortions, in a lawsuit filed in state court Friday.
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April 04, 2025
11th Circ. Told Worker Was Illegally Fired Over Anti-Gay Article
A former Miami-Dade County employee on Friday urged the Eleventh Circuit to reinstate his lawsuit alleging he was illegally fired for authoring a transphobic and anti-gay blog post on his own time, saying a policy prohibiting the publication of offensive statements is constitutionally overbroad and violates his First Amendment rights.
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April 04, 2025
Colo. Union Vote Overhaul Hangs In Balance With Veto Threat
A proposal to overhaul Colorado's law requiring unions to go through a second election before negotiating union security clauses is undergoing last-minute discussions over its final form in hopes of thwarting the governor's veto threat.
Expert Analysis
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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.
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Opinion
Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers
A Virginia bill purportedly aimed at eradicating predatory online bank lending actually does nothing to achieve that goal, and instead would limit credit opportunities for state residents, says Catherine Brennan at Hudson Cook.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.