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Public Policy
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April 02, 2025
5th Circ. Asks If Miss. Discount Drug Law Is Constitutional
A Fifth Circuit panel struggled to untangle a Mississippi state law requiring drugmakers to distribute products to pharmacies at a discount, asking Wednesday whether the law unconstitutionally deprives drugmakers of their right to decide what they do with their property.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
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April 02, 2025
Florida Sued Over New Criminal Penalties For Migrants
Advocates for immigrant and farmworker rights lodged a putative class action Wednesday challenging a Florida law criminalizing the entry of unauthorized migrants into the state, saying the law gives state officials unprecedented power to prosecute noncitizens and no defense to asylum seekers.
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April 02, 2025
Trump Unveils New Tariffs On Dozens Of Countries
President Donald Trump announced sweeping tariffs on major trading partners Wednesday, including a 10% rate on all goods entering the U.S. to take effect later this week, in a "declaration of economic independence" he says will jump-start domestic industry and production.
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April 02, 2025
DOJ Fights Bid To End Suit Over Ill. Sanctuary Laws
The U.S. Department of Justice responded Tuesday to a bid by Illinois and other sanctuary jurisdictions within the state to dismiss the Trump administration's suit challenging their policies toward immigrants, casting them as an "extraordinary assault" on the federal government's attempt to enforce federal immigration laws.
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April 02, 2025
Signal Steals The Show At Cybersecurity Oversight Hearing
Democrats and Republicans faced off Wednesday morning at a House Subcommittee on Military and Foreign Affairs hearing over how to prevent state-sponsored cyberattacks, crossing swords over whether Democrats were "politicizing" the hearing by bringing up the recent Signal app leak of plans to attack targets in Yemen.
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April 02, 2025
With Dems Fired, GOP Recused, FTC Pauses PBMs Case
The Federal Trade Commission has stayed its insulin price-fixing case against pharmacy benefit managers for more than three months, saying it does not have any commissioners to hear it after two Republican members recused themselves and the two Democratic commissioners were removed from their posts by President Donald Trump last month.
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April 02, 2025
'You Sound Like Tobacco Cos.,' 9th Circ. Judge Tells Tech Atty
A Ninth Circuit judge expressed doubts Wednesday about a tech trade group's effort to preliminarily block California from enforcing a new law barring platforms from using algorithms to deliver addictive feeds to children, telling the group's counsel that social media might be worse than a carcinogen and "you sound like the tobacco companies."
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April 02, 2025
Groups Say Interior Is Ignoring Aging Calif. Oil Platforms
The federal government has failed to require Sable Offshore Corp. to update safety and pollution control plans at oil and gas drilling facilities off the California coast that fed an onshore pipeline that spilled in 2015, a new lawsuit says.
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April 02, 2025
Broadcasters Ask FCC To Lift National Ownership Cap
Broadcasters asked the Federal Communications Commission on Wednesday to lift the 39% federal cap on national market share, one of the industry's longest-sought changes to media ownership rules.
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April 02, 2025
Colo. Regulators Want Pot Grower's Enforcement Suit Tossed
The Colorado Department of Revenue is urging a state court to throw out a suit by a cannabis farm alleging that the Marijuana Enforcement Division has failed to enforce its regulations, saying that there's no final agency action for the farm to challenge in the courts.
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April 02, 2025
Feds Claim Immunity For ICE Agent Who Made Midtrial Arrest
Lawyers with the U.S. attorney's office in Boston asked a federal judge Wednesday to toss a state court judge's contempt finding against an Immigration and Customs Enforcement agent who detained a defendant midtrial, calling the decision a "damaging state intrusion into federal functions."
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April 02, 2025
Judge Won't Let Feds Cut Legal Funding For Migrant Kids Yet
A California federal judge said the federal government can't cut funding for groups that provide legal representation to unaccompanied immigrant children, finding that the public interest strongly weighs in favor of maintaining the status quo.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
Calif. Tribe Sues After DOI Rescinds $700M Casino Eligibility
The U.S. Department of the Interior's sudden decision to rescind gambling eligibility for a $700 million tribal casino-resort project violates the California tribe's due process rights and is an overreach of the agency's authority, the tribe told a D.C. federal judge in a new lawsuit.
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April 02, 2025
Jailed IRS Leaker Says Judge 'Predetermined' Sentence
The IRS contractor imprisoned for leaking thousands of tax returns, including those of President Donald Trump, to national media outlets asked the D.C. Circuit to rescind his sentence, saying a federal judge held off-the-record meetings that revealed her determination to deliver the maximum punishment.
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April 02, 2025
At AI Hearing, House Lawmakers Seek Regulatory Balance
Lawmakers on the House Judiciary Committee grappled with how antitrust regulators should approach the artificial intelligence industry Wednesday, with Republicans and industry advocates warning that heavy-handed enforcement could thwart America's lead in the industry and Democrats wondering what had changed from when AI leaders sought more governmental guardrails.
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April 02, 2025
House Dems Seek FCC Answers On Media Probes
A trio of leading House Democrats on the Energy and Commerce Committee are calling on the Federal Communications Commission's Republican chief to explain his pursuit of "political goals" through a bevy of news network investigations since taking office in January.
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April 02, 2025
Environmental Cleanup Co. Seeks Refund For Retention Credit
The Internal Revenue Service owes an Alabama company that does environmental cleanup work a $3.1 million tax refund, the company told a federal district court, arguing that one of its employee retention tax credit claims was wrongfully denied.
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April 02, 2025
No Grounds To Block Wartime Law Deportations, DOJ Says
The Trump administration urged a D.C. federal judge not to extend his temporary block on deportations of alleged Venezuelan gang members under a wartime statute, saying that the removals are lawful and out of the court's jurisdiction.
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April 02, 2025
'Ashamed' COVID Fraudster Asks To Keep Firefighter Pension
A former West Haven, Connecticut, municipal employee testified Wednesday that he is "ashamed" of stealing tens of thousands of dollars of COVID-19 relief money from the city, but he is asking a state court judge to prevent the attorney general's office from docking or revoking the pension that he separately earned as a New Haven firefighter.
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April 02, 2025
Milbank Latest To Ink Trump Deal To Avoid Executive Order
Milbank LLP became the fourth firm to strike a deal with President Donald Trump in the wake of a series of executive orders targeting BigLaw, pledging on Wednesday to provide at least $100 million in pro bono legal work supported by the administration and to refrain from what the White House deems discriminatory and "illegal" diversity hiring.
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April 02, 2025
Chester, Pa., Ch. 9 Document Dispute Won't Wait For Appeal
A Pennsylvania bankruptcy judge on Wednesday scuttled a request from the Chester Water Authority for a stay pending appeal of an order to produce documents to the bankrupt city of Chester, saying the utility hadn't shown the order should be frozen.
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April 02, 2025
Walgreens Ignoring Requests To Stop Emails, Suit Says
Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.
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April 02, 2025
Davis Polk, Skadden Lead Stablecoin Issuer Circle's IPO Filing
Venture-backed stablecoin issuer Circle Internet Group Inc. is moving forward with its long-awaited initial public offering amid expectations of favorable regulatory policies for crypto firms, represented by Davis Polk & Wardwell LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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What Del. Corporate Law Rework Means For Founder-Led Cos.
Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.
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Border Cash Transaction Rule Heralds Wider AML Crackdown
The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.
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Opinion
Congress Must Reform The PTAB To Protect Small Innovators
Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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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.