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Public Policy
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April 15, 2025
UBH Can't Nix Class Status In Coverage Guidelines Suit
United Behavioral Health can't unwind class certification in a lawsuit claiming it unlawfully imposed overly restrictive guidelines for coverage of residential mental health treatments, a California federal judge ruled, saying the group's parameters could be adjusted to meet a recent Ninth Circuit standard.
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April 15, 2025
Judge Blocks DHS From Ending Biden-Era Parole Program
A Massachusetts federal judge temporarily blocked the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela, saying the government's early termination of the parole programs was likely arbitrary and capricious.
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April 15, 2025
7 Arrested In France In €3.4M Cross-Border VAT Fraud Case
The European Public Prosecutor's Office arrested seven people suspected of carrying out a value-added tax fraud scheme involving what it called valuable vehicles that resulted in at least €3.4 million ($3.8 million) in tax losses, the EPPO said Tuesday.
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April 15, 2025
Submarine Cable Rules Need To Follow NIST, Feds Told
Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.
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April 15, 2025
Judge Vacates CFPB's Credit Card Late Fee Rule
A Texas federal judge on Tuesday vacated the Consumer Financial Protection Bureau's $8 credit card late fee rule after the agency reached a deal with the U.S. Chamber of Commerce and other trade groups to settle their litigation over the agency's Biden-era rule.
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April 15, 2025
Mich. Tribunal Rejects Hotel's Challenge To $10M Valuation
A hotel owned by a Hilton franchisee was valued at $10 million by the Michigan Tax Tribunal, agreeing with a local assessor and reducing a previous valuation by $2.2 million but rejecting a further reduction sought by the owner.
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April 15, 2025
Trump Wants Tariffs Suit In Court Of International Trade
The Trump administration asked Tuesday to transfer a lawsuit challenging tariffs on Chinese imports from a Florida federal court to the U.S. Court of International Trade, arguing that the trade court has exclusive jurisdiction over the dispute.
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April 15, 2025
NJ Judge Unsure Of Law Prof's Bid To Revive Free Speech Suit
A New Jersey federal judge seemed unconvinced by a law professor's argument that he should reconsider dismissing her lawsuit alleging Kean University violated her free speech, noting during oral arguments Tuesday that he'd already tossed the case twice.
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April 15, 2025
Entergy Can't Fight FERC Market Rule Change, DC Circ. Says
The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.
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April 15, 2025
Colorado Judge Tosses Counties' Suit Over $25M Tax Transfer
A Colorado state judge has dismissed a lawsuit brought by seven counties challenging the transfer of $25 million from a state fund aimed at offsetting the impacts of extractive industries, finding in an order that the state Legislature had full authority to move the dollars.
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April 15, 2025
Trump's Tariff Reprieves Buy Lawyers Time To Strategize
President Donald Trump's expanded tariff exclusion for electronic goods from China and the pause on higher rates for all countries except China gives lawyers an opportunity to seek mitigation solutions for importers, but the moves do little to create long-term business certainty.
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April 15, 2025
Law Students Say EEOC Overreached With DEI Info Demands
A trio of law students sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Tuesday, claiming the agency "grossly overstepped" by demanding workplace diversity information, including personal details about applicants and workers, from prominent law firms.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
DC Maintains, Expands Tax Exemptions For NBA, NHL Arena
The District of Columbia maintained and expanded tax breaks for the property and airspace of Capital One Arena, home to the NBA's Washington Wizards and NHL's Washington Capitals, as part of legislation that became law, according to a notice published in the district's register.
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April 15, 2025
DOL Blocked From Forcing Contractors To Swear Off DEI
The U.S. Department of Labor cannot force federal funding recipients to certify that they don't operate programs that violate recent executive orders targeting diversity, equity and inclusion initiatives, an Illinois federal judge held, saying President Donald Trump's directive likely violates the First Amendment.
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April 15, 2025
MIT Bros. Cite DOJ Memo In Bid To Get $25M Crypto Case Axed
Two Massachusetts Institute of Technology-educated brothers accused of stealing $25 million worth of cryptocurrency cited a U.S. Department of Justice memo instructing prosecutors to pull back from novel cases involving digital assets as they urged a New York federal judge to dismiss the charges.
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April 15, 2025
Pot Farm, Michigan Town Say No RICO Case In Couple's Suit
Newfield Township, Michigan, and a cannabis company permitted to operate in the town are urging a federal judge to deny an injunction requested by a Newfield couple aimed at shutting down the company's farm, saying the couple have failed to show evidence of racketeering or that they face current or imminent harm.
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April 15, 2025
DC Circ. Zaps FERC Fight Over Grain Belt Express Line
A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.
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April 15, 2025
Judge Upholds Jury Verdict Against Project Veritas
A D.C. federal judge upheld a $120,000 jury verdict against Project Veritas for its sting operation on the liberal consulting firm Democracy Partners, ruling that the conservative activist group's activities are not protected by heightened First Amendment standards because the case involved non-expressive conduct, not speech content.
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April 15, 2025
Honigman Hires FCPA Expert, 21-Year Miller & Chevalier Vet
As evolving U.S. trade policy continues to create global economic uncertainty, Honigman LLP is the latest firm in recent months to announce the hiring of an attorney with a background in international trade.
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April 15, 2025
EU Still Open To Zero-Tariff US Deal, Trade Chief Says
The European Union remains open to a trade deal with the United States to reach zero tariffs on all goods between the country and the trade bloc, the EU trade commissioner said.
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April 15, 2025
Palin-NYT Libel Retrial Starts With Key Ruling For Paper
Sarah Palin's second libel trial against The New York Times over a 2017 editorial began Tuesday after a Manhattan federal judge declined to tell jurors that the article was defamatory as a matter of law.
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April 14, 2025
Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction
A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.
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April 14, 2025
Trump Admin Ordered To Resume Processing Refugees
A Washington federal judge has ordered the federal government to immediately resume processing of certain refugees and also continue funding for agencies that facilitate refugee resettlement, finding that the government has not complied with previous orders.
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April 14, 2025
PAC Treasurer Avoids Prison For $26.4M Fundraising Fraud
A Manhattan federal judge on Monday sentenced the former treasurer of multiple political action committees to 30 months of home detention for a scheme that raised about $26.4 million from small-dollar donors for supporting veterans and other causes, but that saw little of that money go to intended recipients.
Expert Analysis
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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.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.