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Public Policy
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April 04, 2025
NY Judge Who Blocked VOA Shutdown Sends Case To DC
The Manhattan federal judge who called the Trump administration's move to shutter Voice of America a "classic case" of arbitrary policymaking on Friday ordered the case transferred to D.C. federal court, but said his restraining order remains in effect.
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April 04, 2025
Trump Gets Supreme Court Win In Teacher Grants Case
The U.S. Supreme Court on Friday axed a Massachusetts federal judge's order requiring the Trump administration to reinstate $250 million in teacher training grants for eight states, giving President Donald Trump his first high court win amid what he claims is a flood of unlawful court orders restraining the executive branch's power.
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April 04, 2025
Hemp Sellers Fight To Keep Conn. Suit Alive
A group of hemp companies is urging a Connecticut federal court not to dismiss their claims that the state's new hemp regulations are unconstitutional, saying their complaint shows that the the laws are too vague and violate the 2018 Farm Bill by redefining hemp.
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April 04, 2025
Jones Walker Adds Ex-Husch Blackwell Atty To DC Office
Jones Walker LLP has strengthened its maritime practice with the recent addition of an attorney who moved her practice to the Washington, D.C., office after more than five years with Husch Blackwell LLP, the firm announced Friday.
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April 04, 2025
FTC Chair Seeks to Revive Insulin Case By Ending Recusal
Just days after the Federal Trade Commission's general counsel stayed its insulin price-fixing case against the country's biggest pharmacy benefits managers due to a lack of commissioners, at least one is returning to the fold.
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April 04, 2025
China Issues Tariffs, WTO Challenge To Hit Back At Trump
Chinese officials began honing their response to the Trump administration's expansive new tariffs on Friday, setting up retaliatory duties and announcing plans for a challenge at the World Trade Organization.
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April 04, 2025
Mortgage Lender Sues US For $5M In Worker Credit Refunds
The Internal Revenue Service owes a mortgage lender $5 million in refunds for worker tax credits after it had to suspend operations during the pandemic, the lender told a California federal court, saying the agency denied one of its claims for credits without conducting an audit.
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April 04, 2025
AGs Sue To Halt Disruptions To NIH Grant Funding
A coalition of 16 states on Friday sued the National Institutes of Health over delays and cancellations of grant programs linked to vaccines, transgender issues and other areas they say are currently "disfavored" by the Trump administration.
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April 04, 2025
Pension Annuity Rulings Leave Attorneys Looking For Clarity
Benefits attorneys say they'll be watching the circuits, and perhaps the nation's highest court, for clarity after recent divergent decisions in cases accusing defense and aerospace manufacturer Lockheed Martin and aluminum giant Alcoa of violating federal benefits law by converting pension benefits into annuity insurance contracts.
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April 03, 2025
Civil Liberties Org. Sues To Block Trump's China Tariffs
The New Civil Liberties Alliance on Thursday filed what it says is the first lawsuit challenging President Donald Trump's February and March tariffs on all imports from China, saying the president doesn't have the authority to impose emergency tariffs without congressional approval.
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April 03, 2025
TV Star Dr. Oz Confirmed As New Medicare, Medicaid Leader
The U.S. Senate on Thursday voted 53 to 43, along party lines, to confirm former talk show host and surgeon Dr. Mehmet Oz to be the next administrator of the Centers for Medicare & Medicaid Services.
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April 03, 2025
3 Ways The Trump EPA Could Impact The Chemical Industry
The U.S. Environmental Protection Agency's potential deregulatory actions, staffing reductions and shifts in scientific practices portend changes for the chemical industry that could ultimately benefit the sector. Here, Law360 looks at three key areas of concern for the chemical industry.
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April 03, 2025
Warren Calls For Investigation Into SEC's Crypto About-Face
U.S. Sen. Elizabeth Warren is asking the inspector general of the U.S. Securities and Exchange Commission to investigate whether President Donald Trump, his family or associates have had "undue influence" over the agency's recent moves to back off from regulating the cryptocurrency industry.
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April 03, 2025
House GOP Launches Bid To Undo Calif. Emissions Waivers
Republican lawmakers unveiled on Thursday a trio of Congressional Review Act resolutions that seek to repeal California's clean-vehicle waivers created under the Biden administration that allowed the Golden State to ban gas-powered vehicles, heavy trucks and diesel engines by 2035, spurring swift opposition from at least one environmental group.
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April 03, 2025
Gun Website Can't Sue Facebook Over Removal, Panel Says
A Pennsylvania appeals court said Thursday it won't order Facebook and Instagram to reinstate an online gun marketplace's banned social media accounts, saying there is no valid claim that a state agent violated the company's free speech rights.
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April 03, 2025
CFPB Says It Will Reopen Small-Biz Lending Rule
The Consumer Financial Protection Bureau said Thursday that it will reopen its Biden-era rule requiring financial institutions to report data on their small business lending activity, the latest policy pivot for the agency under its new Trump-appointed leadership.
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April 03, 2025
Unvaxxed Firefighters Face Skeptical 9th Circ. In Firing Appeal
A panel of Ninth Circuit judges questioned the argument made Thursday by eight Washington fire and rescue workers fired after refusing COVID-19 vaccinations, challenging their claim that COVID-19 infections did not create an undue hardship for their department.
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April 03, 2025
DC Judge Skeptical White House Heeded Deportation Order
A D.C. federal judge on Thursday told a Justice Department lawyer there was a "fair likelihood" the Trump administration defied a court order blocking the use of a 1798 wartime law to deport Venezuelans.
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April 03, 2025
Compounders Say Shortage Of Weight Loss Drug Continues
A group of compounding pharmacies looking to keep producing copycat doses of Eli Lilly & Co's lucrative weight loss drug tirzepatide are telling a Texas federal judge that demand for the drug has "far outpaced" supply despite the Food and Drug Administration declaring the medication's shortage over last year, a move that removed their right to make compounded versions.
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April 03, 2025
Senate Panel Advances Bills Tackling Drug Patents, Pricing
A U.S. Senate panel on Thursday approved a group of bills tackling pharmaceutical patents and drug pricing, including measures that claim to address so-called patent thickets and an industry practice called "product hopping."
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April 03, 2025
Hospital Group Urges 4th Circ. To Undo Data Access Order
Industry groups representing hospitals and health data companies have urged the Fourth Circuit to rethink its panel's dismissal of an appeal over an order forcing an electronic medical records company to let a nursing data company access patients' information, saying the order creates a financial burden on the healthcare system.
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April 03, 2025
State Enforcers Are Developing Their Local Antitrust Laws
State antitrust enforcers have increasingly struck out on their own in recent years, filing cases targeting both national and local issues in state courts in an effort to expand the reach of their local antitrust laws, a panel of state enforcers said Thursday.
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April 03, 2025
Detained Tufts Student Pushes To Keep Suit In Mass.
Lawyers for a Tufts University doctoral student who was arrested by immigration officials and quickly transported out of Massachusetts urged a federal judge on Thursday to keep a suit challenging her detention in the state, accusing the government of improper forum shopping.
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April 03, 2025
Carrier Dealing Rule Is Fair, Maritime Regulator Tells DC Circ.
The agency that regulates the U.S. international ocean transportation system had "ample authority" to issue a rule defining "unreasonable" refusals to negotiate on the part of ocean carriers, the regulator has argued in response to a challenge from an affected trade association.
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April 03, 2025
7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill
The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.
Expert Analysis
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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.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.