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Public Policy
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March 07, 2025
California Bar Orders Investigation Of Flawed Exam
The State Bar of California is bringing on an independent investigator to look into the problem-plagued administration of the February bar exam, which left scores of test-takers feeling cheated.
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March 07, 2025
Mass. Housing Law Called Unfunded Mandate In Latest Suit
A controversial Massachusetts housing law requiring multifamily zoning near Boston-area transit facilities is facing a new legal challenge after the town of Wrentham argued in a Thursday state court suit that it's an unfunded mandate on localities.
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March 07, 2025
NC High Court Hopeful Fights Judge's Recusal Over Donation
A Republican judge challenging ballots cast in the North Carolina Supreme Court race he lost by 734 votes said his colleague on the state Court of Appeals shouldn't be recused from hearing his case because he contributed to the GOP jurist's campaign, noting the panel hasn't even been selected yet.
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March 07, 2025
DC Judge Declines To Block DOGE From Treasury Systems
A D.C. federal judge on Friday declined to wall off access to the federal government's payment systems from employees of the so-called Department of Government Efficiency during a lawsuit brought by retirees and union groups, determining the alleged privacy risks were not enough to warrant the court's intervention.
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March 07, 2025
Immigrant Rights Groups Fight IRS Data Sharing With DHS
Two Illinois-based immigrant and Latino rights groups filed a suit Friday seeking to block the Internal Revenue Service from disclosing the names and addresses of taxpayers with taxpayer identification numbers to the U.S. Department of Homeland Security and other agencies with the purpose of enforcing immigration laws.
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March 07, 2025
Minn. Bill Seeks To Subtract OT, Tips, Bonuses From Income
Minnesota would allow taxpayers to subtract the amount of overtime pay, tips and bonuses earned from their gross income under a bill introduced in the state Senate.
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March 07, 2025
Minn. Bills Seek Sales Tax Break For Home Construction
Construction materials for single-family and multifamily homes for first-time homebuyers would be exempt from some Minnesota sales and use taxes under legislation introduced in the state Senate.
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March 07, 2025
10th Circ. Urged To Reject Bid To Nix Microcaptive Notice
The federal government urged the Tenth Circuit to affirm a ruling that rejected a plumbing supply company's request to invalidate an IRS notice that added reporting requirements for certain microcaptive insurance arrangements, saying the lower court correctly found the suit would illegally hinder tax collection.
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March 07, 2025
Retrial In Landmark Graft Case Faces Potential Roadblocks
A retrial in a public corruption case tied to an infrastructure initiative under former New York Gov. Andrew Cuomo faces possible obstacles after being returned to a federal judge by the U.S. Supreme Court, with the parties awaiting further legal guidance from the justices and the defense saying the Trump administration's priorities may sink the case.
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March 06, 2025
Trump Executive Order Creates 'Strategic Bitcoin Reserve'
President Donald Trump on Thursday signed an executive order establishing a "Strategic Bitcoin Reserve" that White House crypto czar David Sacks said would hold Bitcoin forfeited in criminal or civil asset forfeiture proceedings.
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March 06, 2025
Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills
With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.
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March 06, 2025
Federal Arts Agency Sued Over 'Gender Ideology' Restrictions
East Coast theater groups Thursday hauled the National Endowment for the Arts into Rhode Island federal court to challenge a restriction on funding to federal grant applicants who "promote gender ideology," saying the prohibition issued after an executive order from President Donald Trump unconstitutionally placed vague restrictions on artists' speech.
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March 06, 2025
MyPillow CEO Found In Contempt For Failing To Give Up Docs
MyPillow CEO Mike Lindell was found in contempt of court by a Minnesota federal judge on Thursday for failing to produce documents in voting machine company Smartmatic's defamation suit claiming that he lied about its operations during the 2020 presidential election.
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March 06, 2025
'Debanking' In Crosshairs Of GOP Bill On Reputational Risk
Senate Republicans on Thursday unveiled legislation that would bar federal regulators from scrutinizing for "reputational risk" in bank supervision, a measure aimed at curbing the so-called debanking of crypto firms and other politically sensitive customer categories.
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March 06, 2025
CBS Calls Trump's $20B Suit 'Affront To The 1st Amendment'
Paramount Global and CBS Broadcasting urged a Texas federal court on Thursday to toss President Donald Trump's $20 billion lawsuit accusing the network of deceptively doctoring a "60 Minutes" interview with Kamala Harris before last year's election, calling the litigation "an affront to the First Amendment" and arguing it was incorrectly lodged in Texas.
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March 06, 2025
Calif. Woman Accuses Fla. Sugar Co. Of Greenwashing
Florida Crystals Corp. is deceptively advertising sugar products as eco-friendly when it knows that its farming practices are "unnecessarily poisoning people and the planet," a Santa Cruz, California, woman has said in a proposed class action accusing the company of greenwashing.
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March 06, 2025
Feds Say 11th Circ. Should Affirm Value Of Ex-Braves' Farm
Despite dropping a bid for civil fraud penalties this week against two former Atlanta Braves players accused of overvaluing a conservation easement donation, the federal government has told the Eleventh Circuit it still stands by a U.S. Tax Court ruling that the players' valuation of the property was "firmly planted in the realm of fantasy."
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March 06, 2025
State AGs Want Fees In Kroger Wash., Ore. Merger Cases
A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."
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March 06, 2025
Judge Says He's 'Wrestling' Over Int'l Aid Freeze Injunction
A D.C. federal judge said Thursday he was still "wrestling" over a requested preliminary injunction that would stop the federal government from terminating foreign assistance grants and contracts en masse, questioning plaintiff organizations on their assertions of standing and the government's claims of "unreviewable" executive power over foreign affairs.
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March 06, 2025
9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case
A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."
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March 06, 2025
USPTO's AI Strategy Doc From Biden Era Gets Scrubbed
The U.S. Patent and Trademark Office has seemingly withdrawn its artificial intelligence strategy issued in the last days of the Biden administration, scrubbing from the internet a report that emphasized the safe and responsible development of the technology.
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March 06, 2025
Comerica Demands To Face Music In CFPB Suit Amid Stay Bid
Comerica Bank has urged a Texas federal judge to reject the Consumer Financial Protection Bureau's request for a stay of its lawsuit accusing the bank of mismanaging a government benefit card program, arguing the delay lacks "any legal justification" and would harm the bank.
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March 06, 2025
Wash. Biz Groups Say Water Regs Rule Likely To Be Repealed
A group of business associations is fighting a bid by Washington state and a slew of Native American tribes to dismiss the associations' challenge to a decision that established water quality standards for the Evergreen State, saying the rule is set to be repealed under the new federal administration.
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March 06, 2025
Insurer's 9th Circ. Procedural Win Highlights Appraisal Rules
A Ninth Circuit panel affirmed that a property owner could not litigate its insurer's failure to pay for losses before a required appraisal to resolve disagreements, highlighting the importance of appraisal provisions and how they could limit potential policyholder challenges. Here, Law360 speaks to Colin Kemp, an insurance recovery attorney for Pillsbury Winthrop Shaw Pittman LLP, about Mount Vernon Specialty Insurance Co.'s procedural victory and its implications for coverage challenges.
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March 06, 2025
Dems Tell DOJ Musk May Be Strong-Arming X Advertisers
Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.
Expert Analysis
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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FCA Enforcement Would Make Trump's Tariffs More Effective
In implementing its trade policies, the Trump administration is likely to employ the False Claims Act, a powerful enforcement tool that would give tariffs and customs duties teeth, help raise promised revenue and prevent evaders from gaining a competitive advantage, says Sam Buffone at Buffone Law.
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End-Of-Year FCPA Enforcement Surge Holds Clues For 2025
The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.