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Public Policy
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March 19, 2025
Broadband Pole Upgrades Depend On States, Pew Says
States need to make sure their pole attachment process is running smoothly, or it could be the cause for a lot of broadband deployment holdups, according to a new study released by Pew Charitable Trusts.
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March 19, 2025
Fla. Court Affirms Boardwalk Easement, Despite Defunct Law
Florida's First District Court of Appeal confirmed Wednesday that Walton County, Florida, had a right to a public easement on a beach, finding it need not have exercised that right before the federal government repealed the law under which the land was conveyed to private owners.
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March 19, 2025
DOJ Defends Rejection Of Agri Stats Bid For Data Points
The U.S. Department of Justice is defending a decision in Minnesota federal court denying a bid from Agri Stats Inc. to make enforcers identify specific data fields in company reports that allegedly allow chicken, pork and turkey producers to share competitively sensitive information.
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March 19, 2025
NY DOT Says Feds' Bid To Kill Congestion Pricing Is 'Unlawful'
The New York State Department of Transportation told a Manhattan federal judge Wednesday that the Trump administration's efforts to kill New York City's congestion pricing program unlawfully interfere with the Empire State's authority to implement state law and protect New Yorkers' health and welfare.
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March 19, 2025
Judge Questions Standing In DEI Executive Orders Challenge
A D.C. federal judge on Wednesday questioned whether three civil rights nonprofits have standing to block the Trump administration's executive orders ending federal diversity, equity, inclusion and accessibility programs and cutting off funding for groups focused on minority populations.
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March 19, 2025
8th Circuit Rejects Minn. Tribe's Jurisdiction Rehearing Bid
The Eighth Circuit on Wednesday denied a Minnesota tribe's request for a panel or en banc rehearing on a decision to remand and vacate its challenge over law enforcement jurisdiction on its reservation after it told the court last month that its assessment of the case conflicts with precedent.
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March 19, 2025
Trade Group Sues La. Over Social Media Age Restrictions
Tech trade group NetChoice is going after a new Louisiana law that would restrict minors' access to social media and ban companies from showing them targeted ads, saying the law blocks children's access to protected speech and is a "fiasco for free speech and online safety."
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March 19, 2025
EEOC, DOJ Advise Workers To Look Out For DEI-Based Bias
The U.S. Equal Employment Opportunity Commission paired with the U.S. Department of Justice on Wednesday to issue guidance explaining how workers can recognize and report bias tied to diversity, equity and inclusion programs, part of the Trump administration's broader effort targeting the practices across public and private workplaces.
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March 19, 2025
White House Says It Will Obey Court Orders But Faults Judges
White House Press Secretary Karoline Leavitt said on Wednesday the Trump administration will comply with court orders, but continued to escalate its verbal attacks on the judiciary.
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March 19, 2025
Monsanto Lawyers Face Reduced Penalties Over PCB Reports
A Washington state judge has partially reconsidered a decision to personally sanction eight attorneys representing Monsanto for late disclosure of expert reports ahead of a Seattle PCB tort trial, downgrading some of the penalties while still concluding the defense team deliberately violated a court scheduling order at the company's behest.
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March 19, 2025
Wash. Water Quality Regs Survive Industry Challenge
A federal judge on Wednesday upheld Washington state water quality standards that were challenged by business groups after they were approved by the U.S. Environmental Protection Agency.
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March 19, 2025
EU Accuses Google Of Breaking New Big Tech Rules
European enforcers accused Google on Wednesday of violating the bloc's new rules for digital markets by favoring its own services in search results and through restrictions in its Play Store, while also outlining steps Apple needs to take to comply.
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March 19, 2025
Ga. Beats Another Challenge To 2021 Voting Law
A Georgia federal judge ended one of a host of challenges to the state's controversial 2021 election law overhaul, ruling that the prospect of local election officials being removed by their statewide counterparts was "too remote" a possibility to establish standing.
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March 19, 2025
Mich. Senate Asks High Court To Fast-Track Stalled Bill Case
The Michigan Senate has appealed directly to the Great Lakes State's highest court, saying the court's swift intervention is needed to resolve a "constitutional confrontation" that arose when the House refused to send passed legislation to the governor.
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March 19, 2025
Court Tosses Challenge To Indiana's Delta-8 THC Policy
An Indiana federal judge has dismissed a challenge brought by hemp industry stakeholders against Indiana's policy to rein in hemp-derived delta-8 THC, saying the case was a matter for a state court.
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March 19, 2025
Judge Carves Up Arkansas Cherokee Casino License Dispute
Cherokee Nation businesses can proceed with three of their claims against Arkansas in a dispute over the revocation of a casino license, a federal court judge said, while allowing the state to nix allegations that the tribal entities were deprived of equal protection and substantive due process.
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March 19, 2025
10th Circ. Says 'Corner-Crossing' Hunters Didn't Trespass
A Tenth Circuit panel has ruled that Wyoming hunters who used an A-frame ladder to cross over private property to access public lands didn't trespass, finding an 1885 American frontier law protects the public's right to "corner-cross" and access public lands that are otherwise enclosed by private property.
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March 19, 2025
Broadcasters Say Next-Gen TV Could Back Up GPS
Broadcasters told federal regulators the impending transition to next-generation TV could come with an added benefit — the creation of a broadcast spectrum-based backup to the Global Positioning System.
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March 19, 2025
Mich. Judges Fret Over Danger Of Proposed Disclosure Rules
Michigan Supreme Court justices on Wednesday heard feedback on proposed changes to judicial canons to broaden judges' financial disclosure requirements and expressed concern over the need to balance transparency and accountability with the safety of judges and their families amid a rise in threats against the judiciary.
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March 19, 2025
Judge Extends Feds' Deadline For Deportation Flight Info
U.S. District Judge James Boasberg on Wednesday gave the Trump administration another day to provide more details about flights containing Venezuelans deported under the 1798 Alien Enemies Act, after the government said it might invoke state secrets privilege.
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March 19, 2025
LA City Office Claims Group Ran Illegal STR Scheme
A group advertised and rented out illegal short-term and long-term rentals in Los Angeles and also illegally jacked up rent prices after the January wildfires occurred in LA, the LA City Attorney's Office alleged in a state court suit.
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March 19, 2025
How Cleary, Simpson Thacher Went To The Mattresses With FTC
The Federal Trade Commission's attempt to block Tempur Sealy's $5 billion bid to acquire retailer Mattress Firm suffered a likely fatal blow when a Texas federal court refused to put the merger on hold.
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March 19, 2025
NY Judge Transfers Columbia Activist's Case To NJ
A Manhattan federal judge on Wednesday transferred Palestinian activist and Columbia University graduate student Mahmoud Khalil's petition seeking his release after he was arrested by Immigration and Customs Enforcement to New Jersey.
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March 19, 2025
DC Judge Won't Preemptively Stop IRS Data Sharing With DHS
A D.C. federal judge on Wednesday said two immigrant rights groups had not shown that the IRS is poised to unlawfully share noncitizen taxpayer records with immigration enforcement authorities, rejecting their bid for a court order that would preemptively block any information transfer.
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March 19, 2025
3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling
Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.
Expert Analysis
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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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.