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Public Policy
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April 14, 2025
Feds Push To End Alaska Tribe's Gold Mine Permit Challenge
The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.
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April 14, 2025
Trump Admin Moves To Weaken Migratory Bird Protections
The top lawyer at the U.S. Department of the Interior says the federal government lacks the power to prosecute companies that inadvertently kill federally protected migratory birds, a legal position the department took during the first Trump administration but which was overturned by a federal court in 2020.
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April 14, 2025
Vt. Judge Likely To Seek Tufts Student's Return For Hearing
A Vermont federal judge hinted Monday he will likely order the government to return a Tufts University graduate student to the state for a hearing on her request to be released from U.S. Immigration and Customs Enforcement custody.
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April 14, 2025
Mich. Pot Regulation Chief Wants Out Of Couple's RICO Suit
The executive director of Michigan's Cannabis Regulatory Agency on Monday urged a federal court to deny an injunction sought by a couple aiming to shut down a neighboring cannabis processing operation, arguing he's not part of any alleged racketeering scheme and they are unlikely to succeed on their claims.
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April 14, 2025
Ore. Ex-Official Alleges Improper Firing Over Whiskey Scandal
The former deputy director of Oregon's liquor and cannabis regulator has alleged in a lawsuit recently removed to federal court that he was wrongfully terminated in connection with a scandal in which agency officials were accused of pocketing rare whiskeys.
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April 14, 2025
Basketball Player Faces NCAA Over Transfer Rules Decree
Attorneys for a basketball player claiming that the NCAA is blocking him from transferring to another school, despite a federal consent decree allowing it, told a West Virginia federal judge Monday that his right to play next season is being "shortchanged by the NCAA's illegal conduct.''
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April 14, 2025
Conservative Lawyers Seek Ethics Probe Of DC US Attorney
A group of conservative lawyers and former prosecutors on Monday called for an attorney ethics investigation into President Donald Trump's nominee to be Washington, D.C.'s top federal prosecutor, saying the attorney has shown a "fundamental misunderstanding" of the role.
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April 14, 2025
10th Circ. Revives Takings Suit Over Colo. Property Law
The Tenth Circuit revived a suit filed by Colorado residents who claimed the state unconstitutionally used its unclaimed-property law to take their properties, finding the residents sufficiently claimed the state failed to provide just compensation.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
Green Group Urges Update On Gulf Oil Well Risks
The Center for Biological Diversity has urged a D.C. federal court to order government agencies to update their assessment of derelict offshore oil and gas facilities along the southern coast, saying the stalled decommissioning of aging infrastructure is creating a greater likelihood of an environmental disaster.
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April 14, 2025
Colorado Oil Co. Says Hefty Penalties Are Unlawful Taking
An ailing oil and gas company asked a federal judge Friday to block Colorado orders requiring it to halt some operations and pay $8 million in penalties, arguing that they amount to an unconstitutional taking of its property without compensation.
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April 14, 2025
Top Court Ruling Dooms Suit Challenging Housing Grant Cuts
A federal judge in Boston on Monday vacated an earlier ruling that had blocked the Trump administration from cutting $30 million in housing anti-discrimination grants, saying a recent U.S. Supreme Court decision in a similar case involving teacher training grants likely strips the court of jurisdiction.
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April 14, 2025
NJ High Court Advances DuPont Appeal In $1B Pollution Suit
The New Jersey Supreme Court will allow Chemours and E.I. du Pont de Nemours to appeal a trial court's ruling that a small New Jersey town has standing to bring its $1 billion pollution suit, according to a recent order.
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April 14, 2025
FCC Could Nix Engineer Certification Reg, Cable Biz Says
A cable industry lobbying group said Monday the Federal Communications Commission could soon withdraw a little-known but contentious rule requiring professional engineers to certify providers' broadband mapping data.
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April 14, 2025
NY Judge Chided For Tossing Kid's Friend's Traffic Ticket
A Westchester County, New York, judge who threw her title around while handling her daughter's traffic ticket in a neighboring town, and later tossed a different traffic ticket for her daughter's friend, has been hit with a public admonishment, the state's judicial watchdog announced Monday.
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April 14, 2025
DOJ Resists Airing Full ICE Pact On Taxpayer Data Sharing
The U.S. government objected Monday to releasing an unredacted copy of a tax-information-sharing agreement between the IRS and immigration enforcement agencies sought by groups seeking to block the disclosure, telling a D.C. federal court that it would reveal sensitive information and law enforcement techniques.
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April 14, 2025
Military Voters Say Ballots Should Count In NC High Court Race
Military and overseas voters registered in North Carolina are mounting a constitutional challenge to a Republican judge's efforts to discount their ballots, filing a federal lawsuit Monday just as the Democratic incumbent lost her bid to halt the ballot corrections process.
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April 14, 2025
CFPB To Vacate Credit Card Late Fee Rule In Deal With Banks
The Consumer Financial Protection Bureau said Monday it has agreed to vacate as unlawful its $8 credit card late fee rule as part of a deal with the U.S. Chamber of Commerce and other trade groups to settle their litigation over the agency's Biden-era rule.
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April 14, 2025
EU Not 'Sitting Back' With US Tariffs, German Official Says
"Simply sitting back" isn't an option for the European Union in response to wide-ranging tariffs imposed by President Donald Trump's administration, Germany's finance minister said Monday in defense of the bloc's countermeasures.
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April 14, 2025
Court OKs $7.9M Deal For UPitt Pandemic Tuition Refunds
The University of Pittsburgh has agreed to a $7.85 million deal to end claims that it should have refunded students' tuition when it moved classes online at the outset of the COVID-19 pandemic, and a federal judge gave the deal his preliminary approval Monday.
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April 14, 2025
Four State Govs. Call On EPA To Increase Biofuel Targets
Governors of Iowa, Missouri, Nebraska and South Dakota urged the U.S. Environmental Protection Agency to boost the amount of biofuel blended into fuel supplies as a way to help meet the Trump administration's domestic energy goals and strengthen investment in agriculture and rural communities.
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April 14, 2025
CFPB's Vought Looks To Roll Back 'Weaponized' Guidance
Acting Consumer Financial Protection Bureau Director Russell Vought has called for a crackdown on so-called regulation through guidance at the agency, launching a sweeping review that could cull bulletins, circulars and other advisory materials dating back years.
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April 13, 2025
DC Circ. Limits CFPB Layoff Ban Amid Trump Admin Appeal
A D.C. Circuit panel has cleared a path for the Trump administration to resume job cuts at the Consumer Financial Protection Bureau as it pursues an appeal of a preliminary injunction barring it from shutting down the agency.
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April 11, 2025
DC Judge Won't Block ICE From Raiding Churches Amid Suit
A D.C. federal judge on Friday declined to issue an injunction barring the Trump administration from carrying out immigration raids or arrests in places of worship while litigation over the raids is ongoing, ruling that religious groups haven't shown a credible threat of enforcement, "at least at this juncture."
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April 11, 2025
SEC Digs Into Policing Crypto Trading At Roundtable
The U.S. Securities and Exchange Commission's acting chairman said Friday the agency should consider granting temporary regulatory relief for crypto firms while the agency crafts long-term solutions to oversee digital asset markets, one of many ideas discussed during a roundtable on tailoring regulation to crypto trading.
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.