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Public Policy
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April 02, 2025
Signal Steals The Show At Cybersecurity Oversight Hearing
Democrats and Republicans faced off Wednesday morning at a House Subcommittee on Military and Foreign Affairs hearing over how to prevent state-sponsored cyberattacks, crossing swords over whether Democrats were "politicizing" the hearing by bringing up the recent Signal app leak of plans to attack targets in Yemen.
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April 02, 2025
With Dems Fired, GOP Recused, FTC Pauses PBMs Case
The Federal Trade Commission has stayed its insulin price-fixing case against pharmacy benefit managers for more than three months, saying it does not have any commissioners to hear it after two Republican members recused themselves and the two Democratic commissioners were removed from their posts by President Donald Trump last month.
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April 02, 2025
'You Sound Like Tobacco Cos.,' 9th Circ. Judge Tells Tech Atty
A Ninth Circuit judge expressed doubts Wednesday about a tech trade group's effort to preliminarily block California from enforcing a new law barring platforms from using algorithms to deliver addictive feeds to children, telling the group's counsel that social media might be worse than a carcinogen and "you sound like the tobacco companies."
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April 02, 2025
Groups Say Interior Is Ignoring Aging Calif. Oil Platforms
The federal government has failed to require Sable Offshore Corp. to update safety and pollution control plans at oil and gas drilling facilities off the California coast that fed an onshore pipeline that spilled in 2015, a new lawsuit says.
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April 02, 2025
Broadcasters Ask FCC To Lift National Ownership Cap
Broadcasters asked the Federal Communications Commission on Wednesday to lift the 39% federal cap on national market share, one of the industry's longest-sought changes to media ownership rules.
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April 02, 2025
Colo. Regulators Want Pot Grower's Enforcement Suit Tossed
The Colorado Department of Revenue is urging a state court to throw out a suit by a cannabis farm alleging that the Marijuana Enforcement Division has failed to enforce its regulations, saying that there's no final agency action for the farm to challenge in the courts.
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April 02, 2025
Feds Claim Immunity For ICE Agent Who Made Midtrial Arrest
Lawyers with the U.S. attorney's office in Boston asked a federal judge Wednesday to toss a state court judge's contempt finding against an Immigration and Customs Enforcement agent who detained a defendant midtrial, calling the decision a "damaging state intrusion into federal functions."
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April 02, 2025
Judge Won't Let Feds Cut Legal Funding For Migrant Kids Yet
A California federal judge said the federal government can't cut funding for groups that provide legal representation to unaccompanied immigrant children, finding that the public interest strongly weighs in favor of maintaining the status quo.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
Calif. Tribe Sues After DOI Rescinds $700M Casino Eligibility
The U.S. Department of the Interior's sudden decision to rescind gambling eligibility for a $700 million tribal casino-resort project violates the California tribe's due process rights and is an overreach of the agency's authority, the tribe told a D.C. federal judge in a new lawsuit.
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April 02, 2025
Jailed IRS Leaker Says Judge 'Predetermined' Sentence
The IRS contractor imprisoned for leaking thousands of tax returns, including those of President Donald Trump, to national media outlets asked the D.C. Circuit to rescind his sentence, saying a federal judge held off-the-record meetings that revealed her determination to deliver the maximum punishment.
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April 02, 2025
At AI Hearing, House Lawmakers Seek Regulatory Balance
Lawmakers on the House Judiciary Committee grappled with how antitrust regulators should approach the artificial intelligence industry Wednesday, with Republicans and industry advocates warning that heavy-handed enforcement could thwart America's lead in the industry and Democrats wondering what had changed from when AI leaders sought more governmental guardrails.
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April 02, 2025
House Dems Seek FCC Answers On Media Probes
A trio of leading House Democrats on the Energy and Commerce Committee are calling on the Federal Communications Commission's Republican chief to explain his pursuit of "political goals" through a bevy of news network investigations since taking office in January.
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April 02, 2025
Environmental Cleanup Co. Seeks Refund For Retention Credit
The Internal Revenue Service owes an Alabama company that does environmental cleanup work a $3.1 million tax refund, the company told a federal district court, arguing that one of its employee retention tax credit claims was wrongfully denied.
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April 02, 2025
No Grounds To Block Wartime Law Deportations, DOJ Says
The Trump administration urged a D.C. federal judge not to extend his temporary block on deportations of alleged Venezuelan gang members under a wartime statute, saying that the removals are lawful and out of the court's jurisdiction.
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April 02, 2025
'Ashamed' COVID Fraudster Asks To Keep Firefighter Pension
A former West Haven, Connecticut, municipal employee testified Wednesday that he is "ashamed" of stealing tens of thousands of dollars of COVID-19 relief money from the city, but he is asking a state court judge to prevent the attorney general's office from docking or revoking the pension that he separately earned as a New Haven firefighter.
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April 02, 2025
Milbank Latest To Ink Trump Deal To Avoid Executive Order
Milbank LLP became the fourth firm to strike a deal with President Donald Trump in the wake of a series of executive orders targeting BigLaw, pledging on Wednesday to provide at least $100 million in pro bono legal work supported by the administration and to refrain from what the White House deems discriminatory and "illegal" diversity hiring.
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April 02, 2025
Chester, Pa., Ch. 9 Document Dispute Won't Wait For Appeal
A Pennsylvania bankruptcy judge on Wednesday scuttled a request from the Chester Water Authority for a stay pending appeal of an order to produce documents to the bankrupt city of Chester, saying the utility hadn't shown the order should be frozen.
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April 02, 2025
Walgreens Ignoring Requests To Stop Emails, Suit Says
Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.
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April 02, 2025
Davis Polk, Skadden Lead Stablecoin Issuer Circle's IPO Filing
Venture-backed stablecoin issuer Circle Internet Group Inc. is moving forward with its long-awaited initial public offering amid expectations of favorable regulatory policies for crypto firms, represented by Davis Polk & Wardwell LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
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April 02, 2025
Forum Shopping Debated At Nationwide Injunctions Hearing
Legal experts gave varying testimony at a Senate hearing on Wednesday about how addressing forum shopping would remedy issues related to nationwide injunctions, which Republicans have been highly critical of due to the vast number issued against President Donald Trump's policies since he came into office.
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April 02, 2025
Former Greenberg Traurig Atty Named US Atty In Florida
U.S. Attorney General Pamela Bondi has tapped a onetime Greenberg Traurig PA shareholder and former leader of a team that advised an ad hoc court formed to prosecute Saddam Hussein as the next interim U.S. attorney for the Middle District of Florida.
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April 02, 2025
Colorado AG Cuts Deal To Unwind Exclusive Broker Contracts
A brokerage company in Colorado state court agreed to release 171 homeowners from exclusive listing agreements that are illegal under a 2023 state law, in a deal with prosecutors approved Wednesday.
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April 02, 2025
Ohio Brewery Challenges Pa. Beer Import Shipping Limits
A Cincinnati microbrewery says Pennsylvania laws that restrict how much beer an out-of-state producer can ship to customers in the Keystone State is an unfair burden on businesses and a violation of the U.S. Constitution's dormant commerce clause, according to a lawsuit in federal court.
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April 02, 2025
Man To Plead Guilty To Justice Kavanaugh Murder Attempt
A California man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has agreed to plead guilty and forgo a trial originally scheduled for this summer, according to Maryland federal court filings Wednesday.
Expert Analysis
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.