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Public Policy
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January 23, 2025
BREAKING: Judge Pauses Enforcement Of Trump Citizenship Order
A Washington federal judge has paused enforcement of President Donald Trump's executive order limiting birthright citizenship, calling the order "blatantly unconstitutional" while hearing Washington and three other states' request to put it on hold on Thursday.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
DOJ Atty Unsure If Birthright Order Already In Effect
A U.S. Department of Justice attorney on Thursday was unable to tell a Maryland federal judge with absolute certainty if any portion of President Donald Trump's executive order limiting birthright citizenship is already in effect.
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January 23, 2025
BREAKING: 15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 23, 2025
NC Justices Lob GOP Judge's Ballot Challenge To Trial Court
The North Carolina Supreme Court on Wednesday kicked Republican Judge Jefferson Griffin's ballot challenge in his contested race for an associate justice seat back to trial court, saying state law necessitates a ruling from the lower court before the state's top court can weigh in.
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Chutkan Says Trump's Pardon Can't 'Whitewash' Jan. 6 Terror
President Donald Trump's pardon of defendants accused of participating in the Jan. 6, 2021, attack on the U.S. Capitol "cannot whitewash the blood, feces and terror that the mob left in its wake," U.S. District Judge Tanya S. Chutkan wrote Wednesday in an order dismissing one such case.
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January 22, 2025
Minn. Operator Fights Tribal Bid To Nix Class III Gaming Suit
A casino and racetrack operator is fighting a bid to dismiss its lawsuit against two Minnesota tribal casino executives who argue that a recent Ninth Circuit ruling weighs in their favor in the dispute over alleged Racketeer Influenced and Corrupt Organization Act violations.
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January 22, 2025
American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss
A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.
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January 22, 2025
Mich. Justices Ask How Old Is Too Young For Life Sentence
A Michigan prosecutor predicted Wednesday that the state's Supreme Court was likely to extend the ban of mandatory life sentences on those who are 18 years old to include at least ages 19 and 20, during oral arguments regarding a trio of cases in which justices asked for guidance on where to draw that line.
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January 22, 2025
Pa. Justices: NGA Doesn't Bar State Board's Permit Reviews
Pennsylvania's Environmental Hearing Board should have heard challenges to state regulators' approval of a natural gas compressor station, not dismissed them for lack of jurisdiction, Pennsylvania justices said Wednesday, ruling that the board's consideration of such disputes is not preempted by the federal Natural Gas Act.
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January 22, 2025
ACLU Says Expanded Quick Removals Trample Due Process
The American Civil Liberties Union sued the Trump administration in D.C. federal court Wednesday over its dramatic expansion of rapid deportations that bypass the immigration court system, saying the process tramples on due process rights.
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January 22, 2025
Underdog Fantasy Games Are Bets In Disguise, Suit Says
Fantasy betting website Underdog Sports LLC has been accused of running an illegal gambling market in Georgia where the practice is outlawed, charging customers "entry fees" that are indistinguishable from wagers, according to a lawsuit removed to federal court Wednesday.
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January 22, 2025
RFK Filings Show Biopharma Stakes, Millions In Firm Income
Robert F. Kennedy Jr. plans to sell off his stakes in two biopharmaceutical companies and step back from lucrative roles at a handful of law firms if he is confirmed to lead the U.S. Department of Health and Human Services, according to new financial disclosures.
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January 22, 2025
Equal Rights Org. Sues Illinois Over Demographic Data Law
A national equal rights organization filed suit Tuesday asking an Illinois federal judge to block the state from enforcing a statute it says unconstitutionally requires its members to publicize their demographic data.
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January 22, 2025
Trump Pick For Boston US Atty Won't Be 'Afraid To Speak Up'
The selection of Leah Foley as Massachusetts U.S. attorney drew praise from both sides of the aisle, as veterans of the Boston-based office praised her toughness and predicted she would be able to withstand outside political influence.
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January 22, 2025
Ill. Says Venue Limits Aren't 'Forum Shopping' In Gun Case
The state of Illinois urged the Illinois Supreme Court on Wednesday to uphold a state law limiting the counties in which plaintiffs can bring constitutional statutory challenges, rejecting one justice's suggestion that the law is an example of "blatant forum shopping."
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January 22, 2025
Miami Official Used Public Funds For Political Gain, Suit Says
Two former Miami city employees have brought a whistleblower lawsuit against District 3 Commissioner Joe Carollo in Florida federal court, alleging that he ousted them for exposing misuse of public funds meant to manage parks that were instead used to pay for his political ventures and personal expenses.
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January 22, 2025
Equity Initiatives Strengthen Wash. Courts, Chief Justice Says
The chief justice of the Washington Supreme Court told state lawmakers Wednesday that the state's judiciary system faces threats from cyberattacks and challenges from artificial intelligence as she promoted equity initiatives that she said have made the courts more fair.
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January 22, 2025
Madigan Used ComEd As 'Personal Piggy Bank,' Jurors Told
Former Illinois House Speaker Michael Madigan and his devoted surrogate Michael McClain conspired to enhance and preserve Madigan's power and line his pockets, both by steering business to the ex-speaker's law firm and rewarding his political allies with do-nothing jobs, prosecutors told an Illinois federal jury during closing arguments Wednesday.
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January 22, 2025
Justices Urged To Affirm Texas Nuke Waste Site Ruling
Several states, Texas politicians and landowner groups threw their support behind the Lone Star State's fight against a temporary nuclear waste storage facility, telling the U.S. Supreme Court the federal government doesn't have the power to authorize the site.
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January 22, 2025
FCC Aims To Open More 900 MHz Airwaves For Broadband
The Federal Communications Commission has proposed reworking two portions of the 900 megahertz band that cover a total swath of 10 MHz to make room for potential broadband use.
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January 22, 2025
FCC Revisits Complaints Against Major Network Broadcasters
The Republican-led Federal Communications Commission on Wednesday reinstated complaints of alleged news distortion against ABC, CBS and NBC stations that the agency tossed in the final days of the Biden administration.
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January 22, 2025
Immigration Bill Laken Riley Act Heads To Trump's Desk
The U.S. House of Representatives voted 263-156 on Wednesday on a bill to require U.S. Immigration and Customs Enforcement to take into custody undocumented immigrants accused of certain crimes, with the bill now going to President Donald Trump to sign.
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January 22, 2025
Pa. Justices Revive Case Over Hospital Care Discontinuation
Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.
Expert Analysis
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.