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Public Policy
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March 26, 2025
Even With Few Openings, Courts Can Still Shift Under Trump
There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.
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March 26, 2025
Fla. Appeals Court Upholds Fees For Medical Pot Businesses
Florida's intermediate appellate court on Wednesday affirmed that the state's Department of Health acted within its authority when it enacted rules requiring medical marijuana dispensaries to pay more than a million dollars in license renewal fees every other year.
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March 26, 2025
Need For Individual Analyses Sinks Class Bid In Vax Bias Suit
A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.
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March 26, 2025
Trump Admin Asks Justices To End 'Fiscal Micromanagement'
The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.
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March 26, 2025
Governor Quickly Signs Delaware Corporate Law Revision Bill
Delaware's governor has promptly signed into law closely watched legislation that has been described as an overhaul of the First State's corporation law.
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March 26, 2025
Holland & Knight Gains Ex-EPA Regional Leader In Dallas
Holland & Knight LLP has boosted its ability to serve clients with complex environmental challenges by bringing on a former Environmental Protection Agency regional counsel as a partner in Dallas.
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March 26, 2025
House Panel Urges Labor Head To Keep Subminimum Wage
Republican members of a U.S. House committee urged the head of the U.S. Department of Labor on Wednesday to drop a Biden administration proposal to phase out the ability of employers to pay workers with disabilities below the federal minimum wage.
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March 26, 2025
High Court Upholds ATF's Ghost Gun Rule
The U.S. Supreme Court on Wednesday found that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits was wrongly invalidated by a lower appeals court and said the bureau has authority to regulate weapons parts and unfinished frames.
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March 25, 2025
Feds Say They Had To Stop Deportations, Not Fly People Back
The U.S. Department of Justice is digging its heels in defending the government's deportation of Venezuelans under a 1798 wartime law, telling U.S. District Judge James Boasberg late Tuesday that his injunction blocking the deportations doesn't require the government to undo removal flights that have already taken off.
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March 25, 2025
Public-Sector Unions Win Bid To Sue In Fed Court For Firings
U.S. District Judge William Alsup said Monday he has jurisdiction to hear claims from public-sector unions over the mass firing of probationary employees within the federal government, flipping from his position last month and splitting from federal courts that have held the claims must be processed through governing labor agencies.
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March 25, 2025
Trump's DEI Certification Mandate Meets Skeptical Ill. Judge
An Illinois federal judge weighing recent executive orders restricting federal diversity, equity and inclusion programs appeared highly skeptical of their requirement that organizations certify compliance with anti-discrimination laws, saying the government's silence on what could violate those laws seems to be what imposing a chilling effect "is all about."
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March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact
Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
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March 25, 2025
Intelsat Seeks Fast C-Band Relocation Payments
The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.
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March 25, 2025
Docs Sought By Paper Likely To End Up In Suit, Dallas Says
The city of Dallas told a Texas appeals court Tuesday that making it turn over records on a federal housing discrimination investigation to The Dallas Morning News would disturb " the equal footing between governmental bodies and individuals" because the records at issue will likely end up in a lawsuit.
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March 25, 2025
PTAB Leader Explains Denial Policy After Withdrawn Memo
The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.
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March 25, 2025
Baltimore Bridge Collapse: One Year Later
Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.
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March 25, 2025
Tariffs, Economic Concerns Bring Record Q1 Deals Lull
U.S. deal transaction numbers plummeted in the first quarter of 2025 to the lowest levels seen since the financial crisis, driven by volatile trade policies and rising geopolitical tensions, but a March bump provided hope for an upswing, according to a Tuesday report from Mergermarket.
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March 25, 2025
Texas Panel Asks If Guadalupe Diversion Meshes With Law
A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.
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March 25, 2025
9th Circ. OKs Jan. 20 Pause On New Refugee Admissions
The Ninth Circuit granted in part Tuesday the Trump administration's emergency bid to stay a preliminary injunction barring President Donald Trump from suspending the U.S. refugee program, but clarified that refugees whose requests were processed prior to Trump's Jan. 20 order must be admitted.
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March 25, 2025
Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June
Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.
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March 25, 2025
Philly Beats Curfew Suit By Minority-Owned Liquor Stores
A Pennsylvania federal judge dismissed, for now, a constitutional challenge by Asian American and Arab American business owners who alleged Philadelphia city officials unfairly targeted their shops with arbitrary late-night curfews and nuisance ordinances, ruling Monday they lacked standing since none of them received fines or were ordered to shut down.
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March 25, 2025
Dem State AGs Back Preserving Biden-Era Parole Programs
More than a dozen Democratic state attorneys general are urging a Massachusetts federal judge to preserve humanitarian parole programs for immigrants from Afghanistan, Ukraine, Cuba and other countries, backing noncitizens from those countries and U.S.-based sponsors in their challenge to the Trump administration's block on the programs.
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March 25, 2025
Home Sellers Oppose DOJ Statement In Mass. Listing Deal
Home sellers that agreed to a $3.95 million settlement with a multiple listing service over its broker commission rules are defending the deal from the U.S. Department of Justice's attacks, telling the Massachusetts federal judge weighing approval that the government has yet to suggest terms it would find acceptable.
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March 25, 2025
GOP-Led House Committee Mulls Bills To Ease Capital Raising
The U.S. House of Representatives Financial Services Committee on Tuesday debated bills that would ease rules governing private and public securities offerings, marking Congress' latest push to deregulate capital markets under President Donald Trump's second term.
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March 25, 2025
Utah Tribe 'Doubled-Down' In Bidding Scheme Row, Court Told
Utah Gov. Spencer Cox and other state officials are asking a federal court to dismiss a challenge by the Ute Indian Tribe that accuses them of a racist bidding scheme to prevent a land purchase just outside its reservation, arguing that its claims are precluded by federal law.
Expert Analysis
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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IRS Basis-Shifting Rule Poses Notable Reporting Obligations
While the IRS’ recently finalized rule requiring partnerships to report certain related-party basis adjustment transactions is narrower than originally proposed, taxpayers and their advisers will still need to comb through myriad transactions to comply, say attorneys at Debevoise.
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How Cos. Can Prepare Now For SEC E-Filing System Changes
The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Birthright Order Denies 14th Amendment's Purpose, Origin
President Trump's executive order ending birthright citizenship invokes logic explicitly rejected by the framers of the 14th Amendment, demonstrating the administration's fundamental misunderstanding of the citizenship clauses' origins, jurisprudence, and impact on how Americans understand equality and national belonging, says Mauni Jalali at Quinn Emanuel.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.