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Public Policy
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April 02, 2025
Forum Shopping Debated At Nationwide Injunctions Hearing
Legal experts gave varying testimony at a Senate hearing on Wednesday about how addressing forum shopping would remedy issues related to nationwide injunctions, which Republicans have been highly critical of due to the vast number issued against President Donald Trump's policies since he came into office.
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April 02, 2025
Former Greenberg Traurig Atty Named US Atty In Florida
U.S. Attorney General Pamela Bondi has tapped a onetime Greenberg Traurig PA shareholder and former leader of a team that advised an ad hoc court formed to prosecute Saddam Hussein as the next interim U.S. attorney for the Middle District of Florida.
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April 02, 2025
Colorado AG Cuts Deal To Unwind Exclusive Broker Contracts
A brokerage company in Colorado state court agreed to release 171 homeowners from exclusive listing agreements that are illegal under a 2023 state law, in a deal with prosecutors approved Wednesday.
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April 02, 2025
Ohio Brewery Challenges Pa. Beer Import Shipping Limits
A Cincinnati microbrewery says Pennsylvania laws that restrict how much beer an out-of-state producer can ship to customers in the Keystone State is an unfair burden on businesses and a violation of the U.S. Constitution's dormant commerce clause, according to a lawsuit in federal court.
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April 02, 2025
Man To Plead Guilty To Justice Kavanaugh Murder Attempt
A California man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has agreed to plead guilty and forgo a trial originally scheduled for this summer, according to Maryland federal court filings Wednesday.
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April 02, 2025
Supreme Court Backs FDA Block Of Flavored Vapes
The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
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April 02, 2025
Eric Adams Case Dismissed As Judge Rebukes DOJ 'Bargain'
A Manhattan federal judge on Wednesday permanently dismissed corruption charges against New York City Mayor Eric Adams, heeding advice from court-appointed counsel Paul Clement even as he gave credence to district prosecutors' claims of a quid pro quo between Adams and Trump administration officials in the Justice Department.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Columbia Activist's Detention Fight To Remain In New Jersey
A New Jersey federal judge on Tuesday denied the federal government's bid to make Columbia University graduate student Mahmoud Khalil fight his U.S. Immigration and Customs Enforcement detention in Louisiana federal court, saying jurisdiction the New Jersey court obtained from New York wasn't lost when ICE brought Khalil to Louisiana.
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April 01, 2025
Schiff Says He'll Hold On Trump's Pick For DC US Attorney
Senate Judiciary Committee member Adam Schiff announced Tuesday he will hold on President Donald Trump's nomination of Ed Martin to be the top prosecutor in Washington, D.C., calling Martin a "one-man wrecking ball" demolishing the wall between the White House and the U.S. Department of Justice.
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April 01, 2025
High Court Probes Jurisdiction In Terrorism Victims' Lawsuit
The U.S. Supreme Court during oral arguments Tuesday gave little indication of how it will rule in a case questioning the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories.
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April 01, 2025
Ark. Law Limiting Kids' Social Media Use Struck Down
Arkansas' law limiting minors' social media access is a "content-based restriction on speech" that violates platform users' First Amendment rights and is unconstitutionally vague, a federal judge ruled Monday, striking down the law that requires parental permission and age checks to access certain online platforms.
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April 01, 2025
Trump Administration Sued Over Border Cash-Reporting Order
A Texas trade group on Tuesday sued the Trump administration over its order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, calling the move overreaching, discriminatory and "financially ruinous."
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April 01, 2025
FCC Urged To Raise Prison Phone Rate Caps Amid Legal Fight
Prison phone company NCIC Correctional Services is not letting up on its bid to convince the Federal Communications Commission to reverse prison phone call rate caps put in place during the Biden administration, as evidenced by another recent meeting with agency officials.
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April 01, 2025
9th Circ. Won't Revive Wash. Atty's Bias Firing Suit
An attorney can't revive his complaint alleging the Washington State Attorney General's Office fired him based on his PTSD diagnosis linked to being a closeted gay Mormon youth, after the Ninth Circuit said the case was time-barred and was an attempt to relitigate claims already tossed.
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April 01, 2025
AG Paxton Objects To Whistleblowers' $2.4M Fee Award
The Texas attorney general's office color-coded over 100 pages of billing records provided by attorneys for its former deputies, telling an Austin court that eight categories of their work should be subtracted from a proposed $2.4 million fee award.
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April 01, 2025
Trump Admin Pushes Back At Sanctuary City Funding Suit
The Trump administration urged a California federal judge to deny cities and counties' attempt to block it from withholding funding to "sanctuary jurisdictions," saying their challenge is unripe for review because the federal government hasn't taken any actions against them.
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April 01, 2025
Gov't Says Climate Webpage Takedowns Reflect New Priorities
Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.
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April 01, 2025
Dominion Voting System Challenge Tossed After A Year Wait
More than a year after a 17-day bench trial in early 2024, a Georgia federal judge has dismissed a lawsuit challenging the legality of the state's electronic in-person voting system, finding the plaintiffs lacked standing to assert they were injured by the use of the devices.
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April 01, 2025
Ala. Ruling Won't End Interstate Fights Over Abortion Travel
A federal court order blocking Alabama from prosecuting doctors for helping women seek out-of-state abortions won't end legal conflicts between states with abortion bans and those without.
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April 01, 2025
Attys Warned To Be Patient When Seeking Colo. Justices' Take
A Colorado Supreme Court justice warned lawyers on Tuesday that while sending a question to the high court could resolve a legal "quandary" in their federal case, the move could come at a cost to their clients, with one recent issue taking nearly 500 days for the high court to resolve.
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April 01, 2025
Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits
Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.
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April 01, 2025
FCC Says Scammers Are Targeting Chinese Community
Chinese-Americans have been receiving calls from bad actors attempting to line their own pockets by posing as insurance company employees and government officials in order to get personal information or cash payments, the FCC is warning.
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April 01, 2025
Acting USPTO Leader Says New Policies Will Bolster Patents
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said at a conference Tuesday that new policies including having her take an active role in determining whether patent challenges should be denied are part of an effort to "reinvigorate our IP system."
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April 01, 2025
NRA Says Colo. Excise Tax On Gun Sales Is Unconstitutional
The National Rifle Association and other gun rights advocates have filed a lawsuit in Colorado state court challenging a voter-approved tax on the sale of firearms, contending the tax lacks the historical grounding to pass recent U.S. Supreme Court tests for laws limiting Second Amendment rights.
Expert Analysis
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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.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.