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Public Policy
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March 20, 2025
Trump Rescinds Paul Weiss Order After Firm Strikes Deal
President Donald Trump on Thursday announced he will rescind an executive order suspending security clearances held by Paul Weiss Rifkind Wharton & Garrison LLP employees after the law firm agreed to not adopt DEI hiring practices and to provide $40 million worth of pro bono services to support administration initiatives.
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March 20, 2025
Judge Orders Feds To Explain If Removals Defied Injunction
U.S. District Judge James Boasberg on Thursday called the Trump administration's Thursday response to his inquiry into whether the deportation of Venezuelans violated his injunction "woefully insufficient," and gave the administration until Friday morning to fulfill its obligations and provide the court with an adequate response.
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March 20, 2025
Fox News Host Wins Atty Fees Over Failed Defamation Row
A New York federal judge on Thursday ordered a former business associate of Hunter Biden and an attorney to pay more than $331,000 in attorney fees to a Fox News analyst they targeted in a failed defamation lawsuit, saying the analyst's counsel didn't engage in "duplicative" and "opportunistic" billing practices.
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March 20, 2025
OCC Says It Will Stop Examining Banks For Reputation Risk
The Office of the Comptroller of the Currency said Thursday that it will no longer examine banks for reputation risk, adopting a policy change that some Republican lawmakers want to require for all federal banking regulators to help curb so-called debanking.
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March 20, 2025
Media Matters Says X Can't Restrict Dispute To Texas
A nonprofit media watchdog wants to preserve its California federal lawsuit challenging social media site X's efforts to pursue defamation claims in Texas federal court, telling a Texas federal judge that X failed to adequately argue for an anti-suit injunction.
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March 20, 2025
9th Circ. Judge Takes Aim At Calif. Gun Ruling On YouTube
A Ninth Circuit judge on Thursday took to YouTube to issue a dissent over the court's decision to ban in California all high-capacity magazines for assault rifles, a move that several of his fellow judges lamented as "wildly improper" and said they needed to address "lest the genre proliferate."
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March 20, 2025
SEC Steps Back From Crypto Mining In Staff Statement
The U.S. Securities and Exchange Commission's Division of Corporation Finance said Thursday that certain crypto mining activities are beyond the agency's purview, but the commission's lone Democrat warned against interpreting the statement as a "wholesale exemption for mining."
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March 20, 2025
NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse
The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.
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March 20, 2025
LA Hit With Sanctions Request In Encampment Sweep Lawsuit
Homeless residents accused the Los Angeles City Attorney's Office of hiding documents they requested in their suit challenging the constitutionality of encampment sweeps, asking a California federal court for case-ending sanctions for the second time in two weeks.
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March 20, 2025
Colo. Judge Tells School To Return Banned Books To Shelves
A Colorado federal judge has ordered a rural school district to return 19 books to school library shelves and temporarily barred it from removing more titles, finding the district was motivated by a "blatantly unconstitutional" desire to ban books it disagrees with.
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March 20, 2025
FTC Asks 8th Circ. To Nix Click-To-Cancel Rule Challenges
The Trump administration's Federal Trade Commission isn't planning an about-face on the "click-to-cancel" rule debuted last year under the Biden administration, at least according to a recent filing asking the Eighth Circuit to dismiss a petition challenging the rule.
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March 20, 2025
Industry Groups Criticize Withdrawal Of PTAB Denial Memo
Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.
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March 20, 2025
'Skill Games' Don't Define One's Character, Court Says
Pennsylvania regulators can't judge owners and operators of so-called skill games terminals as lacking "good character" solely because the Pennsylvania Gaming Control Board has concerns about the legality and effects of the games, the state Supreme Court ruled Thursday.
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March 20, 2025
Utah High Court Leaves Youth Climate Claims Down For Now
The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.
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March 20, 2025
Ore. City Can License Channels For Public Safety System
A small town nestled in the northwestern part of Oregon will be allowed to license four business channels for public safety and first responder communications, the Federal Communications Commission has said.
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March 20, 2025
No Coal Plant Rescue Plans On The Table, FERC Chair Says
President Donald Trump's recent call for his administration to encourage more coal-fired power use hasn't resulted in any order to the Federal Energy Regulatory Commission to craft policies to prop up coal plants, Chairman Mark Christie said Thursday.
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March 20, 2025
Conn. Murder Exoneree Seeks Extra $2M From Cop's Estate
A Connecticut felony murder exoneree on Thursday asked a judge to heap an extra $2 million onto a $5.7 million federal jury verdict issued Wednesday against the estate of a now-deceased town police officer who failed to raise red flags about a key witness's interview.
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March 20, 2025
DOJ Drops Biden-Era Suit Over Texas Migrant Arrest Law
The U.S. Department of Justice has asked a federal judge to dismiss its challenge to a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers state judges to order their removal.
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March 20, 2025
Parolees Say DHS Parole Program Cuts Causing Broad Injury
Eighteen noncitizen parolees and U.S.-based sponsors suing the Department of Homeland Security are urging a Massachusetts federal judge to block the termination of Biden-era parole programs for Afghanistan, Ukraine, Cuba and other countries, arguing a block is necessary to "prevent deep and broadening irreparable injury."
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
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March 20, 2025
Oil And Gas Cos. Say DC 'Greenwashing' Claims Are Too Vague
A D.C. Superior Court judge pressed both sides in the district's consumer protection suit against four major oil and gas companies Thursday to say whether the city's claims that the companies misled consumers through systematic "greenwashing" campaigns fall within the scope of what she called a "very broad" statute.
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March 20, 2025
8th Circ. Won't Pause FTC's Insulin Pricing Case
The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.
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March 20, 2025
MiMedx Challenges FDA Classification Of Wound Care Powder
Biomedical company MiMedx Group urged a Georgia federal judge on Thursday to overturn the U.S. Food and Drug Administration's classification of a wound care treatment as a biological product, arguing the agency misapplied its own regulations.
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March 20, 2025
Texas Senators Approve Bill Banning THC Consumables
The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.
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March 20, 2025
Feds Say Crypto Lobbyist Can't Delay FTX-Tied Case
New York federal prosecutors Thursday opposed a request from attorney and crypto lobbyist Michelle Bond to extend filing deadlines for pre-trial motions in her criminal case until June, saying Bond's inability to access her assets due to bankruptcy proceedings involving her FTX-affiliated husband is not enough to warrant a delay.
Expert Analysis
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Opinion
Firms Must Speak Up After Trump Orders: An Associate's View
Rachel Cohen at Skadden discusses why she is helping to organize a movement of BigLaw associates urging their firms to stand up for the rule of law after the Trump administration’s moves against Covington, Perkins Coie and Paul Weiss.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.