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Public Policy
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April 07, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
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April 07, 2025
Congressional Dems Probe Trump's Actions Against BigLaw
A pair of top congressional Democrats wrote to the White House and six major law firms over the weekend seeking more information about deals that multiple BigLaw firms have reached with the Trump administration and the possible fallout.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
11 States Tell 6th Circ. To Ax Mich. Conversion Therapy Ban
Eleven U.S. states led by Iowa and South Carolina urged the Sixth Circuit to strike down Michigan's ban on conversion therapy for minors, saying the law censors therapists' speech.
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April 07, 2025
Fla. Judge Halts State's New Criminal Penalties For Migrants
A Florida federal court has temporarily barred the Sunshine State from enforcing its new law criminalizing the entry of unauthorized migrants into the state, saying the law is likely preempted by the federal Immigration and Nationality Act.
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April 07, 2025
San Francisco Says Group Can't Sue Over Homeless Camps
San Francisco pushed for a win in California federal court, arguing that the nonprofit accusing the city of unconstitutionally destroying homeless encampments doesn't have standing to sue.
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April 07, 2025
GOP Judge's Ballot Challenge Returns To NC High Court
The North Carolina State Board of Elections and state Supreme Court Justice Allison Riggs have asked her colleagues on the high court bench to take up her Republican opponent's election protests following his victory in the intermediate appeals court.
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April 07, 2025
Starmer Calls For US Trade Deal That Avoids Tax Hikes
The Labour government would sign a trade deal with the U.S. only if the terms fit Britain's national interest, which would mean avoiding the need for further domestic tax hikes, Prime Minister Keir Starmer said in a news conference Monday.
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April 07, 2025
Montana To Appraise Taxable Real Property Every 2 Years
Montana will reappraise most taxable real property every two years under a bill signed by the governor.
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April 07, 2025
Gambling Giants Push Sports Betting Case To Federal Court
A lawsuit challenging the legality of high-stakes sports gambling in Washington, D.C., based on an 18th century-era law belongs in federal, not state, court, a group of major gambling companies told a D.C. federal judge.
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April 07, 2025
Judge Won't Yet Block Columbia From Sharing Student Info
A Manhattan federal judge declined to issue an order blocking Columbia University from sharing student records with Congress in a suit by detained activist Mahmoud Khalil and others accusing the school of stifling pro-Palestinian views, but said the plaintiffs could revise their request.
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April 07, 2025
Ex-Sen. Menendez May Be Called As Witness At Wife's Trial
Nadine Menendez is considering calling her husband, convicted former U.S. Sen. Bob Menendez, to testify at her trial on charges that she facilitated bribe payments for him, filings showed as her trial resumed Monday with key prosecution witnesses.
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April 07, 2025
Justice Roberts Pauses Return Order In Deportation Case
Chief Justice John Roberts hit pause Monday on a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, freeing the administration from a late night compliance deadline.
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April 07, 2025
Supreme Court Declines Review Of NY Concealed Carry Law
The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.
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April 07, 2025
Full DC Circ. Lifts Pause On NLRB, MSPB Reinstatements
The full D.C. Circuit on Monday lifted a March panel decision pausing the reinstatement of National Labor Relations Board and Merit Systems Protection Board members that President Donald Trump fired, saying U.S. Supreme Court precedent blessing limitations on the president's ability to fire agency officials still stands.
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April 04, 2025
Feds Say George Santos Should Spend 7 Years Behind Bars
Federal prosecutors said Friday that former U.S. Rep. George Santos should spend 87 months — more than seven years — behind bars for his fraud and aggravated identity theft, a sentence that Santos' lawyers called "absurd," arguing instead that he shouldn't spend more than two years in prison.
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April 04, 2025
Colo. Justices To Hear Title IX Privilege, Claims Clock Cases
The Colorado Supreme Court next week will hear arguments about whether statements made in Title IX investigations should be privileged from civil liability, how government bodies can properly "cure" transparency violations and when the claims clock should start running after the death of a minor.
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April 04, 2025
Hilco To Fight $177M GSA Deal Cancellation
Hilco Development Services said it will fight the General Services Administration's decision to cancel its $177 million sale of a decommissioned federal government building in California to the construction company.
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
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April 04, 2025
21 States Say Trump Order Will Disenfranchise Millions
Attorneys general from California, Washington. New York and 18 other states have filed federal lawsuits to block President Donald Trump's executive order on voting, saying it is an unconstitutional power grab that would make it harder for millions of eligible people to vote.
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April 04, 2025
GOP Sens. Attack Calif. Waivers Despite Parliamentarian Ruling
The U.S. Senate parliamentarian on Friday said Republicans may not use a rule-killing legislative maneuver to void Biden-era Clean Air Act waivers that allow California to set its own vehicle emissions standards — but the GOP is plunging ahead anyway.
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April 04, 2025
Chevron Hit With $745M Verdict Over La. Coast Pollution
Chevron must pay nearly $745 million to repair damage done to southeast Louisiana's coastal wetlands, a Plaquemines Parish jury ruled Friday in a case filed more than a decade ago.
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April 04, 2025
Mohawk Nation Drops Out Of NY Suit Over Deal Disagreement
A New York federal judge has granted a tribal nation's bid to dismiss its claims against the state in a land dispute stemming from a 1796 treaty after the tribe told the judge it can't go along with a proposed settlement.
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April 04, 2025
Split DC Circ. Denies Calif. Subsidies For Border Hospitals
A split D.C. Circuit panel on Friday found it was not unconstitutional for California to exclude hospitals bordering the state from a program distributing supplemental payments to providers that serve Medi-Cal beneficiaries.
Expert Analysis
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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.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.