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Public Policy
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April 07, 2025
Homeland Secretary Waives Fed Laws For Calif. Border Wall
Homeland Security Secretary Kristi Noem has issued a federal notice that she is waiving a slew of environmental and historical preservation laws to facilitate the construction of a barrier wall and roads in the San Diego area, citing illegal border crossings and drug trafficking.
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April 07, 2025
Attys Say Feds Violating Order By Deporting Migrant Kids
Attorneys challenging cuts to federal funding for groups providing legal representation to unaccompanied immigrant children told a California federal judge Monday that the government is violating the court's injunction by deporting children without representation, while the government says a new U.S. Supreme Court ruling "severely undermines" the court's jurisdiction.
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April 07, 2025
No Basis To Revive Leasing Withdrawals Ruling, Trump Says
The Trump administration urged an Alaska federal judge not to reinstate a decision barring it from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, while it fights to revoke additional Biden administration removals.
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April 07, 2025
Wage Access Co. Says NY AG Threatened Suit, Seeks Relief
Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.
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April 07, 2025
T-Mobile Says 5G Rural Fund Could Be Unnecessary
T-Mobile thinks a federal program to patch holes in rural 5G service using an auction fund could end up wasting money by getting off the ground too soon, and has urged the Federal Communications Commission to put the whole idea on ice.
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April 07, 2025
USPTO Gets New Acting General Counsel, Policy Officer
The personnel shuffle at the U.S. Patent and Trademark Office continues, with familiar faces at the agency temporarily taking over the general counsel and chief policy officer roles.
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April 07, 2025
OMB Issues Guidance On Agency Use, Purchasing Of AI
The Office of Management and Budget issued a pair of memorandums last week that replaced the Biden administration's safeguards on the federal acquisition of artificial intelligence with a policy aimed at accelerating federal agencies' use and procurement of artificial intelligence.
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April 07, 2025
Agri Stats Pushes Back Against DOJ Doc Bid In Antitrust Case
Agri Stats Inc. has told a Minnesota federal court that a U.S. Department of Justice motion seeking documents is just an effort to delay the government's case accusing the data firm of helping chicken, pork and turkey producers share competitively sensitive information.
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April 07, 2025
Drug Buyers, Generics Cos. Fight Over Bellwether Litigation
Generic drug buyers vied Friday with the pharmaceutical companies they've accused of price-fixing over how to shape the first rounds of long-gestating Pennsylvania federal court litigation that the plaintiffs want heard in separate consecutive trials and that the drugmakers want combined.
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April 07, 2025
Justices Remove Bar On Venezuelan Removals
The U.S. Supreme Court on Monday ruled the Trump administration can move forward with its removal of alleged Venezuelan gang members from the United States under the Alien Enemies Act, vacating a D.C. federal judge's order that had temporarily blocked President Donald Trump's invocation of the 1798 wartime law.
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April 07, 2025
Ex-Exec Says Pot Tracking Co. Fired Him For Whistleblowing
A former executive at Metrc, the company that provides product tracking services for a majority of U.S. regulated cannabis markets, has alleged in a new federal lawsuit that he was fired for speaking out about the company's business practices.
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April 07, 2025
ACLU, Others Slam Bid To 'Magic Eraser' CFPB Redlining Deal
A slew of public interest groups mobilized Friday against the Trump administration's bid to recant a recently settled Consumer Financial Protection Bureau redlining case, telling an Illinois federal judge that the move is about politics, not fairness, and should be denied.
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April 07, 2025
GOP Lawmaker Floats Bill To Block PWFA Abortion Rules
A Republican representative introduced legislation that aims to block U.S. Equal Employment Opportunity Commission regulations that would require employers to accommodate workers' abortions under the Pregnant Workers Fairness Act.
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April 07, 2025
Kroger Says State AGs' Strategy Dooms Merger Row Fees Bid
Kroger and Albertsons have urged an Oregon federal judge not to grant legal fees to the attorneys general who challenged their now-nixed $24.6 billion merger alongside the Federal Trade Commission, arguing U.S. Supreme Court precedent clearly requires more than a temporary court block to win costs.
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April 07, 2025
Trump Threatens Triple-Digit Tariff Rates If China Retaliates
President Donald Trump on Monday threatened an additional 50% tariff on Chinese imports entering the U.S., which would drive the total rate above 100%, if Beijing follows through on the retaliatory tariffs announced last week in response to Trump's reciprocal plan.
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April 07, 2025
NYC Sues Vape Cos. For Selling Flavored E-Cigs
The city of New York sued nine major distributors of electronic cigarettes on Monday, mirroring a related suit filed by the state in February alleging that the distributors are violating state and federal law by selling flavored products.
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April 07, 2025
SEC Orders Crypto Guidance Review As Deregulation Looms
Acting Chair of the U.S. Securities and Exchange Commission Mark Uyeda ordered a review of a number of staff statements on digital assets, to potentially change or withdraw them in light of the White House's policy directive on deregulation and recommendations from the Department of Government Efficiency.
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April 07, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
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April 07, 2025
Congressional Dems Probe Trump's Actions Against BigLaw
A pair of top congressional Democrats wrote to the White House and six major law firms over the weekend seeking more information about deals that multiple BigLaw firms have reached with the Trump administration and the possible fallout.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
11 States Tell 6th Circ. To Ax Mich. Conversion Therapy Ban
Eleven U.S. states led by Iowa and South Carolina urged the Sixth Circuit to strike down Michigan's ban on conversion therapy for minors, saying the law censors therapists' speech.
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April 07, 2025
Fla. Judge Halts State's New Criminal Penalties For Migrants
A Florida federal court has temporarily barred the Sunshine State from enforcing its new law criminalizing the entry of unauthorized migrants into the state, saying the law is likely preempted by the federal Immigration and Nationality Act.
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April 07, 2025
San Francisco Says Group Can't Sue Over Homeless Camps
San Francisco pushed for a win in California federal court, arguing that the nonprofit accusing the city of unconstitutionally destroying homeless encampments doesn't have standing to sue.
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April 07, 2025
GOP Judge's Ballot Challenge Returns To NC High Court
The North Carolina State Board of Elections and state Supreme Court Justice Allison Riggs have asked her colleagues on the high court bench to take up her Republican opponent's election protests following his victory in the intermediate appeals court.
Expert Analysis
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.