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Public Policy
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March 03, 2025
Colo. Says 1933 Dictionary Supports Netflix Subscription Tax
The plain meaning of tangible personal property has long encompassed Netflix streaming video subscriptions, Colorado's tax department told a state appeals court, urging it to allow a sales tax on the company's products.
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March 03, 2025
Ex-Judges Urge Probe Of 'Quid Pro Quo' Claim In Adams Case
A group of more than a dozen retired federal judges has asked to weigh in on the potential dropping of corruption claims against New York City Mayor Eric Adams, filing a proposed amicus brief warning the "integrity of the judicial process" risks being "imperiled" by the improper dismissal of claims.
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March 03, 2025
Ex-Paxton Aides Say More Evidence Needed Before Judgment
Four of Texas Attorney General Ken Paxton's former deputies have asked an Austin court to allow them to present more evidence in their 2020 employment retaliation suit, writing that his office was "trying to backtrack" its assertion that it wouldn't contest the case.
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March 03, 2025
Haitians, Venezuelans Sue Trump Over TPS Termination
Immigrants from Haiti and Venezuela in the United States urged a Boston federal judge on Monday to block the Trump administration from "pulling the rug" on their temporary protected status by ending the humanitarian program early.
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March 03, 2025
Contrite Ex-Santos Staffer And Feds At Odds Over Prison Term
A former staffer for ex-U.S. Rep. George Santos, R-N.Y., has asked a Brooklyn federal judge to spare him prison time after pleading guilty to posing as an aide to former House Speaker Kevin McCarthy to solicit donations, calling the conduct an "aberration" in his life.
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March 03, 2025
Former SDNY Top Prosecutor Kim Returns To Private Sector
Veteran white-collar defense lawyer Edward Kim, who most recently served as acting U.S. attorney for the Southern District of New York, said Monday he is returning to the firm he founded, Krieger Lewin LLP, which will be known as KKL.
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March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement
Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
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March 02, 2025
WH Appeals After Watchdog Chief Is Permanently Reinstalled
A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.
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February 28, 2025
Strict Mandates In Contracting Order May Undercut Efficiency
An executive order proposing to bring more transparency and efficiency to federal contracting could undermine any efficiency gains by putting additional compliance burdens on an already-strained acquisition workforce that is set to shrink further under the Trump administration.
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February 28, 2025
PTAB Denial Rules Shaken Up By Fintiv Memo Withdrawal
The U.S. Patent and Trademark Office on Friday rescinded a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation, which attorneys said gives the board broader discretion on such denials and could lead to more of them.
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February 28, 2025
Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say
The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.
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February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege
Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
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February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up
The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
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February 28, 2025
Texas Appeals Court Finds City Can't Take Oncor Streetlights
A Texas appeals court found Killeen, Texas, can't claim sovereign immunity to evade a suit seeking to stop the city from taking possession of streetlights owned by a utility company, finding Friday the utility company had presented a viable constitutional claim.
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February 28, 2025
Ga. Can Cap Wrongful Death Damages, US Chamber Says
The U.S. and Georgia chambers of Commerce have urged the Supreme Court of Georgia to find that its 2010 decision striking down a $350,000 cap on noneconomic medical malpractice damages as unconstitutional should not prevent the court from allowing a similar cap in wrongful death claims.
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February 28, 2025
Trump Can't 'Erase' Trans People Via Order, Wash. Judge Says
A Washington federal judge late Friday blocked parts of two of President Donald Trump's executive orders that cut off funding for gender-affirming care for young people, ruling that they violate the Constitution's separation of powers and equal protection guarantees.
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February 28, 2025
Calif. Tribe Didn't Comply With Tobacco Laws, Judge Says
Federal tobacco regulators were justified in blocking the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes after its wholesale products were resold to people without tribal affiliation, a California federal judge has ruled in a lawsuit that argued the concept of tribal sovereignty was being turned on its head.
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February 28, 2025
Ex-Iranian Intel Official Accused Of Torture In Fla. Suit
A former top Iranian intelligence official was accused of human rights abuses in a Florida federal lawsuit brought by three California men, alleging he played a major role in maintaining the deposed shah's repressive regime through the arrest, mass torture and imprisonment of perceived political dissidents.
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February 28, 2025
OPM Tells Agencies To Give On-The-Clock Union Task Info
The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.
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February 28, 2025
T-Mobile Touts Broadband Benefits Of US Cellular Deal
T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.
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February 28, 2025
FCC Slaps Pirate Radio Stations With $400K In Fines
The Federal Communications Commission fined two people almost $400,000 Friday for running a pair of illegal radio stations, with the agency saying that it was putting "other pirate radio operators on notice."
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February 28, 2025
Group Blasts Judge's Call For Women In Contraception MDL
A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.
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February 28, 2025
Calif. Justices Revive Yacht Club Worker's Injury Suit
The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.
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February 28, 2025
Trump Admin Cuts Raise Trade Secret Security Concerns
As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.
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February 28, 2025
5 Argument Sessions Benefits Attys Should Watch In March
The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.
Expert Analysis
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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.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Insights For Finance Firms, Regulators From House AI Report
Though a U.S. House of Representatives report encourages the financial sector to embrace artificial intelligence tools, its focus on ensuring high-quality datasets, transparent development and equitable access underscores that firms and regulators must strike a delicate balance between technological innovation and responsible implementation, says Brendan Palfreyman at Harris Beach.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.