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Public Policy
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April 04, 2025
Ex-BigLaw Attorney, Aspen Officals Drop Remodeling Fee Suit
Litigator Steven Molo and a county government agreed to dismiss a lawsuit claiming officials improperly charged nearly $750,000 in impact fees for a 2023 remodeling project on the attorney's Aspen, Colorado, home under a 2020 land use ordinance.
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April 04, 2025
Texas Says San Antonio Is Funding Out-Of-State Abortions
Texas Attorney General Ken Paxton accused the city of San Antonio of appropriating taxpayer funds to pay for pregnant women to travel out of state to seek abortions, in a lawsuit filed in state court Friday.
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April 04, 2025
11th Circ. Told Worker Was Illegally Fired Over Anti-Gay Article
A former Miami-Dade County employee on Friday urged the Eleventh Circuit to reinstate his lawsuit alleging he was illegally fired for authoring a transphobic and anti-gay blog post on his own time, saying a policy prohibiting the publication of offensive statements is constitutionally overbroad and violates his First Amendment rights.
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April 04, 2025
Colo. Union Vote Overhaul Hangs In Balance With Veto Threat
A proposal to overhaul Colorado's law requiring unions to go through a second election before negotiating union security clauses is undergoing last-minute discussions over its final form in hopes of thwarting the governor's veto threat.
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April 04, 2025
DC Judge Wary Of Blocking ICE From Raiding Churches
The D.C. federal judge who is set to decide whether to block the Trump administration from carrying out immigration raids or arrests in places of worship seemed skeptical Friday morning about her ability to do so.
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April 04, 2025
Youths Ask Alaska High Court To Stop LNG Project
A group of young Alaskans is asking the state's high court to block a deal to develop the only permitted liquefied natural gas export project on the Pacific coast of the U.S.
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April 04, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 100 times in March about their priorities, including a rework of prison phone rate caps, efforts to clear broadband deployment hurdles, the transition to next-generation TV and more. Here's a look at some of the groups that met with the FCC in March and what they're concerned about.
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April 04, 2025
Colo. Residents Say City Stormwater Fees Are Unlawful Taxes
A Boulder, Colorado, community organization has alleged in state court that the city is unlawfully charging residents fees for stormwater and flood management in order to pay for $66 million worth of bonds issued for a local flood mitigation project.
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April 04, 2025
Ohio AG Takes Trans Care Limits Bid To State Justices
Ohio Attorney General Dave Yost has taken his bid to reinstate limits on gender-affirming care for transgender youths to the state's highest court and wants the law's enforcement to continue throughout his appeal.
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April 04, 2025
Texas Justices Deny UnitedHealthcare, Humana Records Row
The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.
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April 04, 2025
SEC Says Reserve-Backed Stablecoins Aren't Securities
The U.S. Securities and Exchange Commission's Division of Corporation Finance said Friday the offer and sale of reserve-backed dollar stablecoins aren't securities transactions, in the latest statement to set out the staff's views on the boundaries of its jurisdiction over digital assets.
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April 04, 2025
6th Circ. Allows Tenn. Gas Plant Pipeline To Proceed
The Sixth Circuit on Friday rejected conservation groups' challenges to federal and state Clean Water Act approvals to a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City.
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April 04, 2025
Fed's Barr Says Bank Regulators Should 'Explore' Gen AI
Federal Reserve Gov. Michael Barr called Friday for banking regulators to look into how they themselves might harness generative artificial intelligence, arguing the experience could help them better understand how banks' use of the technology should be overseen.
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April 04, 2025
No Basis To Upend Time Bar On Veterans' Claims, DOJ Says
Veterans challenging a federal appeals court's ruling that a six-year statute of limitations applies to retroactive combat-related special compensation that Congress has authorized can't show lawmakers intended otherwise, the federal government told the U.S. Supreme Court.
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April 04, 2025
Death Row Case May Test Limits Of Federal Habeas Review
Michael Wayne Reynolds, who was convicted of a triple murder in 2007, maintains his innocence and is asking the U.S. Supreme Court for another chance to argue that his prosecution in his trial hid potentially exculpatory evidence — in a case that strikes at the core of the ability of prisoners to bring habeas corpus challenges.
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April 04, 2025
AM Radio Bill Clears Bar For Senate OK, Backers Say
A bipartisan bill to keep AM radio capabilities in cars has cleared the filibuster hurdle.
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April 04, 2025
FCC To Look At Updating 'Workhorse' Satellite Bands
The Federal Communications Commission will look late this month at updating technical rules for two critical satellite bands, opening up more spectrum in the 37 gigahertz band and clarifying some foreign ownership rules.
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April 04, 2025
Fla. House Bill Would Cut General Sales Tax Rate, Other Rates
Florida would reduce the state's general sales tax rate and other sales tax rates, including the rates imposed on commercial rent, electricity and sales of new mobile homes, by three-quarters of a percentage point under a bill introduced in the state House of Representatives.
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April 04, 2025
Wash. Justices Won't Review Biz Group's Tax Deduction Case
The Washington Supreme Court declined to hear an appeal from the Better Business Bureau over a lower court's denying that the group was entitled to a refund of business and occupation taxes paid to the Washington Department of Revenue in 2017.
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April 04, 2025
DOL Adds To Args Against Injunction On Trump DEI Mandates
The U.S. Department of Labor this week urged an Illinois federal judge to reconsider his analysis of a provision in President Donald Trump's recent executive orders directing federal agencies to terminate "equity-related" grants and to limit the scope of any forthcoming preliminary injunction to the Chicago-based trade group that filed suit challenging them.
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April 04, 2025
Sports Group Looks To Muzzle Maryland Gun Liability Law
A sports shooting and hunting group has asked a Maryland federal court to prevent the state from enforcing a law that holds gun manufacturers liable for gun-related crimes, which the group says contradicts the U.S. Constitution and federal statute.
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April 04, 2025
NC Panel Sides With GOP Judge In High Court Ballot Battle
A divided North Carolina appellate panel on Friday ordered more than 60,000 voters to take corrective action or risk having their ballots discounted in the state Supreme Court race, handing the Republican challenger his first victory in a protracted battle with a Democratic incumbent for a seat on the high court bench.
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April 04, 2025
Anthropic Can't Weigh In On Google Search Fix
A D.C. federal judge denied a request from Anthropic to provide input during the remedies phase of the government's search monopolization case against Google over concerns about a provision requiring notice before Google makes future investments in artificial intelligence.
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April 04, 2025
Ex-NJ Prosecutor Rips AG's Use Of Gov.'s Text In Firing Suit
A former New Jersey county prosecutor has urged a state court to reject Attorney General Matt Platkin's bid to whittle down a lawsuit over the county enforcer's exit, blasting the office's reliance on a text message with the governor to argue the governor had accepted his resignation.
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April 04, 2025
State-Run Pa. Pot Stores Likely Preempted, Memo Says
A proposal to implement state-run retail marijuana stores in Pennsylvania, similar to how the Keystone State regulates wine and liquor sales, would likely be preempted by federal law, according to a new legal memorandum commissioned by the state's medical marijuana industry.
Expert Analysis
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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.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.