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Public Policy
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
Fuel Truck Exec Cops To Wildfire Bid-Rigging Scheme
The owner of a company that contracted with the U.S. Forest Service to supply fuel truck services to wildland firefighters pled guilty to conspiring with another executive to rig bids and allocate territories between 2015 and 2023.
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March 27, 2025
FTC Democrats Sue To Undo Trump's 'Unlawful' Firing
Recently fired Federal Trade Commission members Rebecca Kelly Slaughter and Alvaro M. Bedoya challenged their terminations Thursday in D.C. federal court, arguing President Donald Trump violated "bedrock, binding precedent" permitting their removal only for cause.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 27, 2025
3M Says It's Settled Ex-Worker's Vaccine Retaliation Suit
3M Co. has reached a settlement with a former employee who claimed she was canned from the company for refusing to comply with its COVID-19 vaccination policy, according to a Wednesday filing in Georgia federal court.
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March 27, 2025
HHS To Cut 10,000 Jobs As RFK Jr. Reorganizes Agency
The U.S. Department of Health and Human Services said Thursday that it would lay off 10,000 employees as part of a "dramatic" plan to restructure the agency and downsize its workforce by about 24%.
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March 26, 2025
CFPB Moves To Rip Up Settlement Of 'Radical' Redlining Case
The Consumer Financial Protection Bureau asked Wednesday for an Illinois federal judge to throw out its recent settlement of a redlining lawsuit that was filed during the first Trump administration, a case the agency's new chief is now denouncing as unjust and wrong.
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March 26, 2025
Trump Sets 25% Tariffs On Imported Cars And Parts
President Donald Trump on Wednesday announced his intention to impose a 25% tariff on cars and car parts imported into the United States, continuing a trend of sweeping, aggressive trade actions that have defined his first two months in office.
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March 26, 2025
Musk, DOGE Get DC Circ. To Pause Discovery Order
The D.C. Circuit on Wednesday temporarily halted a lower court's order requiring Elon Musk and his Department of Government Efficiency to hand over evidence that more than a dozen states said could give insight into Musk's and DOGE's allegedly unconstitutional authority, saying the "stringent requirements" for a stay had been met.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Republicans Stump For CFPB Overhaul As Democrats Balk
Republicans on the House Financial Services Committee sought Wednesday to boost legislation aimed at reining in the Consumer Financial Protection Bureau, proposals that Democrats slammed as out of touch when the agency is already facing evisceration.
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March 26, 2025
Supreme Court Skeptical Of Nixing FCC Subsidy Fund
Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.
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March 26, 2025
Split DC Circ. Affirms Block On Removals Under Wartime Law
A divided D.C. Circuit panel on Wednesday rejected the Trump administration's attempt to dissolve trial court orders blocking the deportations of Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.
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March 26, 2025
No Grounds To Block Third Country Deportations, DOJ Argues
The Trump administration told a Massachusetts federal judge that an attempt to block efforts to deport noncitizens to countries with which they have no relationship interferes with its lawful execution of removal orders.
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March 26, 2025
5th Circ. Backs EPA Ozone Plan Rejections, Except In Miss.
The Fifth Circuit upheld the U.S. Environmental Protection Agency's disapproval of Texas and Louisiana's plans to comply with federal ozone standards, but it said the EPA's disapproval of Mississippi's plan was arbitrary because it relied on information that wasn't available when the state submitted its plan.
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March 26, 2025
Atkins' Industry Ties To Be Under Scope At SEC Nom Hearing
President Donald Trump's pick to lead the U.S. Securities and Exchange Commission is expected to receive a friendly reception from Republican senators at his confirmation hearing on Thursday, but one leading Democrat has promised to press Paul Atkins on his ties to industry and the conflicts that could create.
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March 26, 2025
USPTO Director To Take Lead In Considering PTAB Denials
Citing the Patent Trial and Appeal Board's "workload needs," the acting director of the U.S. Patent and Trademark Office announced Wednesday that she will make decisions on whether every petition challenging a patent should be denied for discretionary reasons before the board considers the merits.
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March 26, 2025
Columbia Student Argues For Release From ICE Detention
Columbia University graduate student Mahmoud Khalil called on a New Jersey federal judge to release him from immigration detention and halt the Trump administration's policy targeting noncitizens who criticize Israel and its military actions in Gaza for detention and removal.
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March 26, 2025
Baker McKenzie Partner Joins DOJ Antitrust Leadership Team
The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
Senate Confirms Aaron Reitz To Lead DOJ Legal Policy Office
Aaron Reitz, chief of staff for Republican Sen. Ted Cruz of Texas and a former deputy attorney general in the Lone Star State, was confirmed on Wednesday to lead the U.S. Department of Justice's Office of Legal Policy by a 52-46 vote in the Senate.
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March 26, 2025
DOI Lacked Authority To Cancel Arctic Leases, Judge Says
The U.S. Department of the Interior lacked authority to cancel seven oil and gas leases issued to the Alaska Industrial Development and Export Authority in the Arctic National Wildlife Refuge, a federal judge has ruled, saying the federal agency was required to get a court order before doing so.
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March 26, 2025
New Bill Would Make Supreme Court Televise Future Sessions
The U.S. Supreme Court could conduct oral arguments in front of television cameras for the first time if a bipartisan pair of senators get their way and succeed in passing a new bill that would require the high court's open sessions to be open to the public via video.
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March 26, 2025
Trump Pardons Ex-Hunter Biden Biz Pal For Tribal Bond Fraud
President Donald Trump pardoned a former business partner of Hunter Biden who was convicted of helping to execute a $60 million bond scam against a South Dakota tribal corporation, saying he believes the former venture capital and private equity fund investor was treated unfairly.
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March 26, 2025
Trump Pick To Lead EPA Attys Grilled In Senate On Experience
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's legal division came under intense scrutiny Wednesday as Senate Democrats questioned his legal experience and his relationship with a senior member of Trump's personnel team.
Expert Analysis
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.