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Public Policy
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April 15, 2025
Students Get Reprieve While Suing Over Revoked Visa Status
Two foreign-born Carnegie Mellon University students will get more time to challenge the U.S. Department of Homeland Security's deletion of the records they need to legally remain in the country, but a Pennsylvania federal judge stopped short of restoring their legal status Tuesday.
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April 15, 2025
Carriers Seek High Court Clarity On Universal Service
The trade group for regional and rural wireless service providers warned members Tuesday that they can't count on federal support for telecom deployment following last month's U.S. Supreme Court arguments over the federal government's program for subsidizing build-outs in high-cost and underserved areas.
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April 15, 2025
Journalists, Unions Fight VOA Shutdown In DC Federal Court
A coalition of journalists, unions and a reporter advocacy group asked a D.C. federal judge not to disturb a temporary restraining order blocking the Trump administration from dismantling the agency that oversees Voice of America, arguing the district court has jurisdiction to weigh in on the case.
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April 15, 2025
39 AGs Urge Congress To Ban PBM Pharmacy Ownership
A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.
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April 15, 2025
Judge Orders Discovery On Actions In Abrego Garcia Case
A Maryland federal judge ordered two weeks of discovery and depositions of at least four Trump administration officials into whether it's complying with her order to get back a Maryland man sent to a Salvadoran megaprison, saying that the updates she's gotten so far have shown that "nothing has been done."
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April 15, 2025
Calif. Residents Sue Feds Over Tribe's Federal Status, Casino
Three Plymouth, California, residents and a civil rights nonprofit have alleged in a suit that the federal government conspired to approve federal recognition, fee-to-trust and gaming applications for the Ione Band of Miwok Indians, questioning the constitutionality of the trust relationship between the U.S. and Indigenous nations.
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April 15, 2025
NCAA Transfer Player Seeking Extra Season Denied By Judge
A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.
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April 15, 2025
Pot Shop Challenges NY Cannabis Labor Peace Law
A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.
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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.
Expert Analysis
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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.
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How Citizen Petitions Have Affected Drug Competition
In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Suggestions For CFTC Enforcement's New Leadership
The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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How Crypto Firms Should Approach Patchwork Of State Laws
The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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What Trump Actions Mean For Federal Research Funding
New guidance from the National Institutes of Health represents a massive policy shift regarding federal funding for researchers at institutions of higher education, contributing to a perfect storm of significant resource shortfalls in upcoming years, say attorneys at Arnold & Porter.
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Opinion
NFT Bill Needs Refining To Effectively Regulate Digital Assets
A recent bill in the U.S. House proposing to regulate nonfungible tokens as digital assets would leave key concepts undefined until the U.S. comptroller general completes an after-the-fact study of NFTs, showing it needs more work before it is comprehensive enough to meaningfully protect the market, say attorneys at Duane Morris.