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Public Policy
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March 18, 2025
Md. Judge Says USAID Dismantling Is Likely Unconstitutional
A Maryland federal judge on Tuesday ruled that Elon Musk and his Department of Government Efficiency likely violated the U.S. Constitution "in multiple ways" in their drive to dismantle the U.S. Agency for International Development.
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March 18, 2025
Ga. School District, Mother Of Suicide Victim End Lawsuit
A Georgia school district and a mother have agreed to end a legal dispute over claims the district did not do enough to stop the bullying that allegedly led to her son's suicide, according to a stipulation of dismissal filed in federal court.
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March 18, 2025
FCC Quarterly Subsidy Rate Should Be Zero, Group Says
The Federal Communications Commission should set the fee that telecom companies have to pay to fund the agency's telecom subsidy system to zero for the next quarter, says a group that is in the middle of challenging the agency's right to collect those fees at all.
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March 18, 2025
Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order
The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.
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March 18, 2025
Judge Sets Deadline For DOJ Answers On Deportation Flights
U.S. Chief District Judge James Boasberg gave the Trump administration until Wednesday at noon to provide more details about deportation flights that may have violated his order halting the deportations of alleged Venezuelan gang members.
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March 18, 2025
Deere & Co. Attacks FTC's Right-To-Repair Suit As 'Vague'
Farm machinery manufacturer Deere & Co. is asking an Illinois federal court to nix the Federal Trade Commission's right-to-repair suit, arguing that the company doesn't operate in or exclude others from the equipment repair market, and that the FTC lacks the constitutional authority to sue, among other failings.
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March 18, 2025
10th Circ. Judge Probes Colo. On Opt-Out Law's Lender 'Focus'
A Tenth Circuit judge asked Colorado how it can claim that an interest rate opt-out provision hinges on a borrower's location when "it's pretty clear" the statute it falls under is focused on lenders, at a hearing Tuesday in banking groups' challenge to a state law capping interest rates on consumer lending.
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March 18, 2025
Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit
A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."
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March 18, 2025
Army Corps' Permit For Offshore Fish Farms Is Voided
A Washington federal court judge set aside as unlawful a U.S. Army Corps of Engineers' nationwide permit intended to speed up offshore aquaculture through the construction of industrial-size facilities in federal ocean waters off the country's eastern and western coasts.
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March 18, 2025
Conn. Murder Exoneree Asks Civil Rights Jury For $50M
A Connecticut exoneree on Tuesday urged a federal jury to award more than $50 million — or $5,000 per day — for the three decades he spent behind bars for a 1985 murder, arguing two town cops ignored cracks in the case almost from the beginning.
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March 18, 2025
Ill. Senator Fights Gov't's Plan For Bribery Trial Recordings
An Illinois state senator headed to trial on federal bribery charges argued Tuesday that the court should preserve his Sixth Amendment rights and block prosecutors from presenting evidence of prerecorded conversations involving a late former colleague who'd previously admitted to participating in a similar scheme.
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March 18, 2025
Duke Energy Says NC Town Can't Pin Climate Harms On It
Duke Energy Corp. has asked a North Carolina state court judge to dismiss a town's lawsuit accusing the company of a decades-long "deception campaign" about climate change.
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March 18, 2025
Texas Bills To Watch After The 2025 Filing Deadline
The Texas Legislature has a busy session ahead after lawmakers filed just under 10,000 bills covering an array of topics, from artificial intelligence to abortion, ahead of a deadline that marked its last chance to propose new legislation for the Lone Star State.
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March 18, 2025
Pa. Lawmakers Push For State-Level Net Neutrality Rules
Federal net neutrality rules died in appeals court this winter, but a pair of Pennsylvania lawmakers are pushing to see similar regulations enacted in their place at the state level.
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March 18, 2025
DC Circ. Seems Divided Over Firings Of Agency Officials
A D.C. Circuit panel on Tuesday questioned whether nearly century-old U.S. Supreme Court protections for some federal agency officials cover members of the Merit Systems Protection Board and National Labor Relations Board.
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March 18, 2025
FCC Dem Starks To Step Down This Spring
The longest-serving Democrat on the Federal Communications Commission, Geoffrey Starks, said Tuesday he will resign the post sometime this spring.
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March 18, 2025
Trump Hasn't Asked IRS For Immigrants' Tax Info, Gov't Says
The IRS hasn't received any requests from President Donald Trump for immigrants' tax return information and hasn't released any such information to the U.S. Department of Homeland Security, the government told a D.C. federal court in opposing a restraining order sought by immigrant rights groups.
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March 18, 2025
DC Circ. Gives FERC Chance To Redo LNG Project Approvals
The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.
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March 18, 2025
Ohio Appeals Court Blocks Trans Care Restrictions
An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state.
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March 18, 2025
Trump Fires FTC's Democrats, But Both Vow To Fight
President Donald Trump fired the Federal Trade Commission's two Democrats on Tuesday, a move the commissioners vowed to fight and that further tees up the brewing legal battle over separation between the White House and independent agencies.
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March 18, 2025
NRC Says Texas Reactor Licensing Suit Is In The Wrong Court
The U.S. Nuclear Regulatory Commission wants a Texas federal judge to toss a lawsuit claiming the agency doesn't have the authority to license small-scale nuclear reactors, saying not only is the suit meritless, but it was also brought in the wrong court.
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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 18, 2025
Conn. Coalition Can't Challenge Pot Shop Zoning Approval
A Connecticut state judge has thrown out a challenge by a group of Stamford residents appealing the city zoning board's approval of a cannabis shop location, finding neither the coalition nor its individual members have shown they have standing.
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March 18, 2025
NY Can't Escape Rail Cos. Challenge To 'Waste By Rail' Law
Railway and recycling industry groups can proceed with their challenge to a New York law that requires coverings be placed over solid waste when transported by rail within the state, a federal judge has said, as they have plausibly claimed that the state law is preempted by federal law.
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March 18, 2025
Fate Of Boston Women's Soccer Stadium Turns On Site Status
Opponents of a $200 million project to turn a decrepit 75-year-old stadium into the home of a new professional women's soccer team at a historic Boston park urged a judge on Tuesday to find that officials have failed to follow a state law intended to preserve public parks.
Expert Analysis
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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.
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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.