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Public Policy
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March 25, 2025
Trump's DEI Certification Mandate Meets Skeptical Ill. Judge
An Illinois federal judge weighing recent executive orders restricting federal diversity, equity and inclusion programs appeared highly skeptical of their requirement that organizations certify compliance with anti-discrimination laws, saying the government's silence on what could violate those laws seems to be what imposing a chilling effect "is all about."
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March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact
Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
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March 25, 2025
Intelsat Seeks Fast C-Band Relocation Payments
The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.
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March 25, 2025
Docs Sought By Paper Likely To End Up In Suit, Dallas Says
The city of Dallas told a Texas appeals court Tuesday that making it turn over records on a federal housing discrimination investigation to The Dallas Morning News would disturb " the equal footing between governmental bodies and individuals" because the records at issue will likely end up in a lawsuit.
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March 25, 2025
PTAB Leader Explains Denial Policy After Withdrawn Memo
The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.
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March 25, 2025
Baltimore Bridge Collapse: One Year Later
Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.
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March 25, 2025
Tariffs, Economic Concerns Bring Record Q1 Deals Lull
U.S. deal transaction numbers plummeted in the first quarter of 2025 to the lowest levels seen since the financial crisis, driven by volatile trade policies and rising geopolitical tensions, but a March bump provided hope for an upswing, according to a Tuesday report from Mergermarket.
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March 25, 2025
Texas Panel Asks If Guadalupe Diversion Meshes With Law
A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.
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March 25, 2025
9th Circ. OKs Jan. 20 Pause On New Refugee Admissions
The Ninth Circuit granted in part Tuesday the Trump administration's emergency bid to stay a preliminary injunction barring President Donald Trump from suspending the U.S. refugee program, but clarified that refugees whose requests were processed prior to Trump's Jan. 20 order must be admitted.
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March 25, 2025
Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June
Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.
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March 25, 2025
Philly Beats Curfew Suit By Minority-Owned Liquor Stores
A Pennsylvania federal judge dismissed, for now, a constitutional challenge by Asian American and Arab American business owners who alleged Philadelphia city officials unfairly targeted their shops with arbitrary late-night curfews and nuisance ordinances, ruling Monday they lacked standing since none of them received fines or were ordered to shut down.
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March 25, 2025
Dem State AGs Back Preserving Biden-Era Parole Programs
More than a dozen Democratic state attorneys general are urging a Massachusetts federal judge to preserve humanitarian parole programs for immigrants from Afghanistan, Ukraine, Cuba and other countries, backing noncitizens from those countries and U.S.-based sponsors in their challenge to the Trump administration's block on the programs.
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March 25, 2025
Home Sellers Oppose DOJ Statement In Mass. Listing Deal
Home sellers that agreed to a $3.95 million settlement with a multiple listing service over its broker commission rules are defending the deal from the U.S. Department of Justice's attacks, telling the Massachusetts federal judge weighing approval that the government has yet to suggest terms it would find acceptable.
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March 25, 2025
GOP-Led House Committee Mulls Bills To Ease Capital Raising
The U.S. House of Representatives Financial Services Committee on Tuesday debated bills that would ease rules governing private and public securities offerings, marking Congress' latest push to deregulate capital markets under President Donald Trump's second term.
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March 25, 2025
Utah Tribe 'Doubled-Down' In Bidding Scheme Row, Court Told
Utah Gov. Spencer Cox and other state officials are asking a federal court to dismiss a challenge by the Ute Indian Tribe that accuses them of a racist bidding scheme to prevent a land purchase just outside its reservation, arguing that its claims are precluded by federal law.
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March 25, 2025
FDIC Will Seek To 'Eradicate' Its Use Of Reputation Risk
The Federal Deposit Insurance Corp. plans to "eradicate" the concept of reputation risk from its oversight of banks and is working to take its approach to digital assets in "a new direction," the agency's acting chief has told Congress.
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March 25, 2025
Sports Shooting Org. Wants NJ Nuisance Law Case Revived
The National Shooting Sports Foundation is pushing a New Jersey federal court to reopen its case challenging a law that would hold firearms manufacturers and sellers liable for crimes by people who have bought their guns, accusing the Garden State's attorney general of "hoodwinking" the Third Circuit two years ago in promising not to enforce the law.
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March 25, 2025
Mich. Legislators Tell Justices They Can Sue Over Voting Laws
Eleven Republican Michigan lawmakers have asked the U.S. Supreme Court to find they have standing to challenge the validity of ballot initiatives that expanded early voting and voter registration in Michigan and placed redistricting in the hands of a citizen commission.
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March 25, 2025
FINRA President Hints At Offloading Arbitration Oversight
The president of the Financial Industry Regulatory Authority said Tuesday that he's considering whether another entity should take up the brokerage regulator's arbitration oversight, questioning whether it's an appropriate function for FINRA to continue running.
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March 25, 2025
Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says
A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.
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March 25, 2025
Delaware Legislature Passes Divisive Corporate Law Rework
Delaware lawmakers overwhelmingly approved and sent to the state's governor Tuesday legislation that eases restrictions on some conflicted corporate acts and limits some stockholder document inspection demands, after House members overwhelmingly shot down five amendments aimed at limiting the measure's reach.
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March 25, 2025
Colo. Gov. Signs Law Adding 15 New State Court Judges
Colorado Gov. Jared Polis has signed into law a bipartisan measure that will fund 15 new state court judges over the next two years.
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March 25, 2025
ND Justices Weigh Liberty Rights In Abortion Ban Challenge
North Dakota's top court on Tuesday wrestled with whether a recently passed anti-abortion law violates personal liberty rights and questioned both sides about the meaning of exceptions to the ban written into the law.
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March 25, 2025
Md. Bank Disputes IRS Denial Of Captive Tax Perk
A Maryland community bank is contesting in the U.S. Tax Court the Internal Revenue Service's decision to scrap two years' worth of tax deductions tied to a reinsurance captive, disputing the agency's findings that the arrangement had no economic purpose other than tax avoidance.
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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.