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Public Policy
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April 02, 2025
Supreme Court Backs FDA Block Of Flavored Vapes
The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
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April 02, 2025
Eric Adams Case Dismissed As Judge Rebukes DOJ 'Bargain'
A Manhattan federal judge on Wednesday permanently dismissed corruption charges against New York City Mayor Eric Adams, heeding advice from court-appointed counsel Paul Clement even as he gave credence to district prosecutors' claims of a quid pro quo between Adams and Trump administration officials in the Justice Department.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Columbia Activist's Detention Fight To Remain In New Jersey
A New Jersey federal judge on Tuesday denied the federal government's bid to make Columbia University graduate student Mahmoud Khalil fight his U.S. Immigration and Customs Enforcement detention in Louisiana federal court, saying jurisdiction the New Jersey court obtained from New York wasn't lost when ICE brought Khalil to Louisiana.
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April 01, 2025
Schiff Says He'll Hold On Trump's Pick For DC US Attorney
Senate Judiciary Committee member Adam Schiff announced Tuesday he will hold on President Donald Trump's nomination of Ed Martin to be the top prosecutor in Washington, D.C., calling Martin a "one-man wrecking ball" demolishing the wall between the White House and the U.S. Department of Justice.
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April 01, 2025
High Court Probes Jurisdiction In Terrorism Victims' Lawsuit
The U.S. Supreme Court during oral arguments Tuesday gave little indication of how it will rule in a case questioning the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories.
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April 01, 2025
Ark. Law Limiting Kids' Social Media Use Struck Down
Arkansas' law limiting minors' social media access is a "content-based restriction on speech" that violates platform users' First Amendment rights and is unconstitutionally vague, a federal judge ruled Monday, striking down the law that requires parental permission and age checks to access certain online platforms.
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April 01, 2025
Trump Administration Sued Over Border Cash-Reporting Order
A Texas trade group on Tuesday sued the Trump administration over its order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, calling the move overreaching, discriminatory and "financially ruinous."
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April 01, 2025
FCC Urged To Raise Prison Phone Rate Caps Amid Legal Fight
Prison phone company NCIC Correctional Services is not letting up on its bid to convince the Federal Communications Commission to reverse prison phone call rate caps put in place during the Biden administration, as evidenced by another recent meeting with agency officials.
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April 01, 2025
9th Circ. Won't Revive Wash. Atty's Bias Firing Suit
An attorney can't revive his complaint alleging the Washington State Attorney General's Office fired him based on his PTSD diagnosis linked to being a closeted gay Mormon youth, after the Ninth Circuit said the case was time-barred and was an attempt to relitigate claims already tossed.
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April 01, 2025
AG Paxton Objects To Whistleblowers' $2.4M Fee Award
The Texas attorney general's office color-coded over 100 pages of billing records provided by attorneys for its former deputies, telling an Austin court that eight categories of their work should be subtracted from a proposed $2.4 million fee award.
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April 01, 2025
Trump Admin Pushes Back At Sanctuary City Funding Suit
The Trump administration urged a California federal judge to deny cities and counties' attempt to block it from withholding funding to "sanctuary jurisdictions," saying their challenge is unripe for review because the federal government hasn't taken any actions against them.
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April 01, 2025
Gov't Says Climate Webpage Takedowns Reflect New Priorities
Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.
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April 01, 2025
Dominion Voting System Challenge Tossed After A Year Wait
More than a year after a 17-day bench trial in early 2024, a Georgia federal judge has dismissed a lawsuit challenging the legality of the state's electronic in-person voting system, finding the plaintiffs lacked standing to assert they were injured by the use of the devices.
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April 01, 2025
Ala. Ruling Won't End Interstate Fights Over Abortion Travel
A federal court order blocking Alabama from prosecuting doctors for helping women seek out-of-state abortions won't end legal conflicts between states with abortion bans and those without.
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April 01, 2025
Attys Warned To Be Patient When Seeking Colo. Justices' Take
A Colorado Supreme Court justice warned lawyers on Tuesday that while sending a question to the high court could resolve a legal "quandary" in their federal case, the move could come at a cost to their clients, with one recent issue taking nearly 500 days for the high court to resolve.
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April 01, 2025
Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits
Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.
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April 01, 2025
FCC Says Scammers Are Targeting Chinese Community
Chinese-Americans have been receiving calls from bad actors attempting to line their own pockets by posing as insurance company employees and government officials in order to get personal information or cash payments, the FCC is warning.
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April 01, 2025
Acting USPTO Leader Says New Policies Will Bolster Patents
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said at a conference Tuesday that new policies including having her take an active role in determining whether patent challenges should be denied are part of an effort to "reinvigorate our IP system."
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April 01, 2025
NRA Says Colo. Excise Tax On Gun Sales Is Unconstitutional
The National Rifle Association and other gun rights advocates have filed a lawsuit in Colorado state court challenging a voter-approved tax on the sale of firearms, contending the tax lacks the historical grounding to pass recent U.S. Supreme Court tests for laws limiting Second Amendment rights.
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April 01, 2025
Judge Favors DOI In Calif. Rancheria's Recognition Suit
The U.S. Department of the Interior did not act unlawfully when it determined that a tribal group cannot seek federal recognition from the agency, a California federal judge has ruled in an order favoring the DOI and closing the group's lawsuit.
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April 01, 2025
Ill. Judge Rejects 'All-Access Pass' For DOJ In ADA Dispute
An Illinois federal judge has refused to allow the U.S. attorney's office in Chicago to intervene in a lawsuit claiming the village of Itasca, Illinois, engaged in unlawful disability discrimination in denying a zoning request for a nonprofit that sought to open a treatment facility for substance abuse in the village, saying the federal government has "no skin in the game."
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April 01, 2025
House GOP Calls For Further Crackdown On SEC Proxy Rules
Republican lawmakers are calling on acting U.S. Securities and Exchange Commission Chair Mark Uyeda to put in place regulations that would eliminate the ability of shareholders to bring social and political issues to a vote, just weeks after the commission made it easier for publicly traded companies to exclude certain shareholder proposals.
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April 01, 2025
Thompson Ruling Won't Impact Ill. Senator's Bribery Trial
The U.S. Supreme Court's recent decision interpreting a statute criminalizing false statements is not grounds to let a sitting Illinois senator excise a charge from his upcoming bribery trial, an Illinois federal judge said on Tuesday.
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April 01, 2025
Republicans Float Wish List Of Biden Financial Rule Rollbacks
Republican lawmakers on the House Financial Services Committee sent a bevy of letters to financial regulators on Tuesday calling for the withdrawal or modification of rules and guidance issued under the Biden administration addressing topics like risk management, mergers, banking capital requirements and crypto business reporting.
Expert Analysis
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Border Cash Transaction Rule Heralds Wider AML Crackdown
The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.
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Opinion
Congress Must Reform The PTAB To Protect Small Innovators
Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.
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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.