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Public Policy
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
Paxton Retaliation Case In 'Untested Territory,' Judge Says
A Travis County judge said Tuesday that she was inclined to reopen evidence before approving a multimillion-dollar judgment proposed by four former deputies of Texas Attorney General Ken Paxton, noting that a recent appellate ruling left the court "in untested territory."
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March 04, 2025
Dispensary Fights Counties' Extra Pot Tax In Mo. High Court
A Missouri appellate court correctly found that counties wrongfully imposed a 3% additional sales tax on cannabis sales that were already subject to tax by a local government, a dispensary told the state Supreme Court.
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March 04, 2025
Colo. House Committee Advances Bill To Add 15 State Judges
The Colorado House Judiciary Committee on Tuesday voted to advance a bill that would add 15 state judges over the next two years, after Senate lawmakers scaled back the proposal to address concerns about the bill's cost in a tight budget year.
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March 04, 2025
NY Creates Framework For County Tax On Short-Term Rentals
New York established a framework for counties to impose tax on short-term rentals as part of a bill signed by Democratic Gov. Kathy Hochul.
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March 04, 2025
FCC Dismisses Bid To Revisit Local Unbundling Rules
The Federal Communications Commission has dismissed a petition to restore local telecom unbundling rules, reiterating the agency's 2020 reasons for lifting a number of restrictions on local incumbents and restating that those limitations are no longer necessary.
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March 04, 2025
Trump's Mexico, Canada Tariffs To Face Legal Tests, Pros Say
President Donald Trump placed 25% tariffs on all goods from Canada and Mexico on Tuesday, citing drug trafficking as the core reason he used untested emergency tariff powers, a course of action that will face legal scrutiny, tax professionals told Law360.
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March 04, 2025
NY Judicial Complaints Hit New High Amid Public 'Anger'
New York's judicial watchdog on Tuesday reported a record number of complaints against judges in 2024, receiving about as many grievances as the state court system has judges.
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March 04, 2025
Pa. Justices Wary Of 'Limitless Liability' Without Damages Cap
Pennsylvania's $250,000 damages limit on injury claims involving state entities is too low in cases involving catastrophic injuries, the lawyer for a woman hit by a bus told the state Supreme Court on Tuesday, drawing questions from the justices about the potential for state agencies to be crippled by "limitless liability."
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March 04, 2025
Trump Asks 2nd Circ. To Take Over Hush Money Appeal
President Donald Trump asked the Second Circuit to take over his New York state court appeal of his hush money conviction, saying the "extraordinary" case implicated official acts from his first term.
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March 04, 2025
FERC Enforcement Case Is Constitutionally Valid, DOJ Says
The Trump administration has told a North Carolina federal judge that a Federal Energy Regulatory Commission market manipulation case against an energy-efficiency aggregator complies with a recent U.S. Supreme Court decision curbing the enforcement authority of federal agencies.
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March 04, 2025
HHS Cuts Hit Attys Tackling Medicare Appeals Backlog
The Department of Health and Human Services is terminating more than a dozen attorneys charged with reducing a massive backlog of Medicare appeals at an internal administrative board. The cuts may slow an already cumbersome administrative process.
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March 04, 2025
Calif. Bar Staff Asks Board To Ditch Meazure's July Exam
The State Bar of California recommended to its board of trustees to forgo its current partnership with bar exam administer ProctorU Inc., doing business as Meazure Learning, ahead of the July 2025 test following the disastrous rollout of its February exam, which prompted a nationwide class action filed in California federal court last week.
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March 04, 2025
Kan. Man Says 80s Pot Conviction Can't Block Gun Purchase
A man who was convicted of a cannabis crime in 1984 is suing the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives, alleging he was wrongly denied an application to purchase a firearm even though he completed his sentence in 1987 and his conviction was expunged in 2018.
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March 04, 2025
Career DOJ Atty, Civil Division Chief Of Staff Joins Jenner
Jenner & Block LLP has hired the former chief of staff of the Justice Department's Civil Division, who is joining the firm after spending her entire career in public service, the firm announced Tuesday.
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March 04, 2025
Colo. Biotech, Founders Owe SEC $14.3M Over Fraud Claims
A Colorado federal judge has ordered a biotech startup and two of its founders to pay the U.S. Securities and Exchange Commission roughly $14.3 million and barred them from serving as officers and directors of public companies after finding that they fraudulently raised over $10 million by overstating their own investments in the company.
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March 04, 2025
Holland & Hart Adds Alaska US Rep And Her Chief Of Staff
Holland & Hart LLP has expanded its federal affairs group with Alaska's former U.S. representative, who is joining the team in Anchorage alongside her prior chief of staff, the firm announced Monday.
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March 04, 2025
IRS Crypto Summons Broke Privacy Law, 5th Circ. Told
The IRS failed to comply with privacy law in seeking a cryptocurrency executive's third-party bank records, the executive told the Fifth Circuit, saying the agency never notified his attorney even though it was aware he was represented by counsel.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 04, 2025
Court Can't Review Nix Of Venezuela Protected Status, DHS Says
The U.S. Department of Homeland Security told a California federal court it lacks authority to review a recent decision to scrap existing deportation protections for hundreds of thousands of Venezuelans, and urged the court to reject a push to have it put on hold.
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March 04, 2025
New Crowell & Moring Group To Advise On Gov't Procurement
Crowell & Moring LLP has launched a new governmental consulting group to provide companies with guidance on how to obtain and carry out federal procurements, the firm announced Tuesday.
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March 04, 2025
Ore. House OKs Extending Medical Provider Taxes
Oregon would extend the sunset on medical provider and insurance assessments, worth more than $5 billion over four years and used to help fund state healthcare programs, under legislation approved by the state House of Representatives.
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March 04, 2025
USCIS Plans To Ask Noncitizens For Social Media Handles
U.S. Citizenship and Immigration Services announced Tuesday that it plans to examine social media accounts of anyone trying to enter the country, as well as noncitizens applying for immigration benefits.
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March 04, 2025
CFPB Drops Zelle Fraud Prevention Suit Against Big Banks
The Consumer Financial Protection Bureau on Tuesday abandoned its lawsuit against JPMorgan Chase and other major banks over digital payment fraud on Zelle, the latest Biden-era enforcement action to be dropped by the agency's Trump-appointed interim leadership.
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March 04, 2025
High Court Says EPA Went Too Far With SF Water Permit
The U.S. Supreme Court on Tuesday sided with San Francisco in its attempt to escape the terms of a federal sewer and wastewater system permit that the city challenged as too vague and difficult to comply with.
Expert Analysis
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Opinion
Trump Should Pass On Project 2025's Disparate Impact Plan
The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
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Opinion
Laken Riley Act Will Not Advance Immigration Reform
By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Reviewing 2024's Evolving EdTech Privacy Regulations
Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Patent Policy Changes To Track Under New Gov't Leadership
The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.
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How Trump Presidency May Influence NLRB's Next Phase
Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.