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Public Policy
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March 21, 2025
3rd Circ. Axes Ethics Claim Against Judge Critical Of Trump
A D.C. federal judge who criticized then-candidate Donald Trump in a CNN interview last spring has escaped judicial misconduct charges, with the Judicial Council of the Third Circuit finding that the judge had not violated judicial canons in his statements regarding Trump's social media posts amid a pending legal action.
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March 21, 2025
DHS Again Seeks To Toss Pot Cos.' Wrongful Seizure Suit
The U.S. Department of Homeland Security on Friday again asked a New Mexico federal court to throw out a suit from eight cannabis companies alleging their products, cash and vehicles were wrongly seized at checkpoints.
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March 21, 2025
Dems Call On Trump To Reinstate Axed FTC Commissioners
A pair of top House Democrats called on President Donald Trump on Friday to reinstate the fired Democratic commissioners of the Federal Trade Commission because their firing was a "clear violation of the law."
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March 21, 2025
Ex-UBS North America CEO Agrees To $4.9M FBAR Judgment
The former North American CEO for Swiss bank UBS on Friday agreed to a $4.9 million judgment to end claims that he failed to file timely or accurate foreign bank account reports with the Internal Revenue Service between 2003 and 2013.
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March 21, 2025
Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge
The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.
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March 21, 2025
DOJ Seeks To DQ Judge From Perkins Coie's Exec Order Suit
The U.S. Department of Justice moved Friday to disqualify the D.C. federal judge presiding over Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the firm for its diversity-focused hiring efforts and its political representation.
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March 21, 2025
Mich. Judge Dismisses $217M Dam Repair Tax Challenge
A Michigan federal judge has dismissed a pair of lawsuits alleging a $217 million special assessment to fund the reconstruction of dams destroyed in 2020 floods was unfairly levied on certain properties, finding homeowners had the opportunity to oppose the assessment and litigate their claims in state court.
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March 21, 2025
DC Circ. Won't Let Apple Intervene For Google Search Fix Trial
A D.C. Circuit panel on Friday rejected Apple's appeal seeking to participate in the remedy trial for the U.S. Department of Justice's search monopolization case against Google next month.
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March 21, 2025
Mass. Court Shields Welfare Workers From Child Harm Claims
Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.
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March 21, 2025
Judge Accused Of Bias Expresses Regret Over MDL Remarks
The chief judge of the Eleventh Circuit has dismissed a judicial ethics complaint alleging that a Florida federal judge had shown impermissible bias in favor of women leading the multidistrict litigation over the hormonal contraceptive drug Depo-Provera, after the judge said she "regrets any misunderstanding" and took steps to address the issue.
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March 21, 2025
3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality
The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.
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March 21, 2025
NJ Panel Denies Bid To Block Affordable Housing Complex
A New Jersey appellate court refused to block a Rumson affordable housing project that was being challenged by local residents who said some of the proposed buildings are too tall.
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March 21, 2025
New Mexico Lawmakers Approve Medical Psilocybin Bill
New Mexico lawmakers have given final approval to legislation to create a regulated medical psilocybin program, sending the proposal to the governor's desk.
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March 21, 2025
EPA Senior Atty Joins Holland & Knight As Senior Counsel
Holland & Knight LLP has hired a former senior legal counsel from the U.S. Environmental Protection Agency, who is joining the firm to continue his work with environmental regulatory matters.
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March 21, 2025
Credit Unions Denied Class Cert. In NY Rate Cut Suit
A trio of Western New York credit unions can't get certification for a class of state court consumer debt judgment holders after a lengthy "abusive and tactical" delay in filing their certification bid in a suit over a state law aimed at decreasing the default interest rate for such judgments, a Manhattan federal judge found.
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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 weapons, 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.
Expert Analysis
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Preparing For Stricter Anti-Boycott Enforcement Under Trump
Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Drug Price Negotiation Program's Ongoing Impact
More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.