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Public Policy
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April 02, 2025
Attys Call Ending DOJ Tax Division 'Epic Failure' In Efficiency
The U.S. Department of Justice's plan to dissolve its Tax Division would jeopardize effective tax enforcement nationwide, a slew of tax controversy lawyers told the DOJ Wednesday, saying such a move would defeat President Donald Trump's stated overarching goal to improve government efficiency.
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April 02, 2025
Immigration Officials Restrict Sex Recognition To The Binary
U.S. Citizenship and Immigration Services said Wednesday that it will recognize only two biological sexes — male and female — ending the Biden administration's short-lived policy of allowing nonbinary immigrants to select an "X" gender marker on some forms.
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April 02, 2025
Serial Acquisitions Are Still On The FTC's Radar
The previous administration's focus on private equity firms making serial acquisitions in the same industry may continue under the Federal Trade Commission's new leadership, an agency official said Wednesday.
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April 02, 2025
Sotomayor Seems Wary Of 'Magic Words' For Medicaid Rights
The U.S. Supreme Court's liberal bloc on Wednesday bristled at the notion that "magic words" were necessary to cement a public insurance program recipient's right to sue, suggesting that a private right of action is inherent in the Medicaid Act's provider choice provision.
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April 02, 2025
5th Circ. Asks If Miss. Discount Drug Law Is Constitutional
A Fifth Circuit panel struggled to untangle a Mississippi state law requiring drugmakers to distribute products to pharmacies at a discount, asking Wednesday whether the law unconstitutionally deprives drugmakers of their right to decide what they do with their property.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
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April 02, 2025
Florida Sued Over New Criminal Penalties For Migrants
Advocates for immigrant and farmworker rights lodged a putative class action Wednesday challenging a Florida law criminalizing the entry of unauthorized migrants into the state, saying the law gives state officials unprecedented power to prosecute noncitizens and no defense to asylum seekers.
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April 02, 2025
Trump Unveils New Tariffs On Dozens Of Countries
President Donald Trump announced sweeping tariffs on major trading partners Wednesday, including a 10% rate on all goods entering the U.S. to take effect later this week, in a "declaration of economic independence" he says will jump-start domestic industry and production.
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April 02, 2025
DOJ Fights Bid To End Suit Over Ill. Sanctuary Laws
The U.S. Department of Justice responded Tuesday to a bid by Illinois and other sanctuary jurisdictions within the state to dismiss the Trump administration's suit challenging their policies toward immigrants, casting them as an "extraordinary assault" on the federal government's attempt to enforce federal immigration laws.
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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.
Expert Analysis
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.