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Public Policy
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April 10, 2025
SEC Urged To Look At FINRA's 'Unprecedented' Review Delay
Shareholders of Entrex Carbon Market Inc. have urged the U.S. Securities and Exchange Commission to review what they say is the Financial Industry Regulatory Authority's harmful failure to act on the carbon offset trading platform's requests for a name change and approval of stock splits.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Debt Collector Can Hang Tight While CFPB Mulls Probe
A Georgia federal judge has said that National Credit Systems does not have to turn over documents and other material to the Consumer Financial Protection Bureau for the time being, as the agency decides whether it is proceeding with a pending investigation into the debt collector for alleged credit reporting and debt collection violations.
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April 10, 2025
Bill Aimed At Rulemaking Efficiency Headed To Abbott's Desk
A bill that would establish an office tasked with improving rulemaking efficiency among state agencies is headed to the Texas governor's office after passing both chambers of the Legislature.
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April 10, 2025
Trump Order Calls For Faster, More Flexible Defense Contracts
President Donald Trump has ordered the U.S. Department of Defense to prioritize commercial items and flexible acquisition authorities to speed up defense contracting, and review over-budget and lagging defense programs for potential cancellation.
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April 10, 2025
Conservation Groups Sue BLM To End Stagnant Oil Leases
Colorado conservation groups sued the U.S. Bureau of Land Management on Thursday over 22 oil and gas leases on some of the state's "most pristine public land," contending the agency failed to terminate leases despite failures by the leaseholders to pay rent or produce oil and gas.
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April 10, 2025
Mass. Officials, Feds On A 'Low Boil' After Midtrial ICE Arrest
The midtrial immigration arrest of a Dominican national during his Massachusetts court case has raised tensions between federal and state prosecutors and threatens to injure cooperation between the offices, experts say.
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April 10, 2025
Nevada Can't Sue Kalshi Over Sports, Elections Betting
A Nevada federal judge has ruled that the state cannot prohibit online trading platform KalshiEx LLC from allowing users to place bets on the outcome of sports events and elections because both are currently permitted under federal law, preventing the state from pursuing legal action against the company.
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April 10, 2025
3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row
A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.
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April 10, 2025
Justices Uphold Order To Return Man Deported To El Salvador
The U.S. Supreme Court on Thursday upheld a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, ordering the lower court to clarify the government's obligations and requiring the government to share the steps it has taken.
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April 10, 2025
Pharma Cos.' Patent Practices Limit Drug Access, Report Says
The two major pharmaceutical companies behind leading GLP-1 products are leveraging so-called patent thickets to maintain their monopolies over the diabetes and weight loss medications, a practice that can impede access to those drugs, according to a report released Thursday.
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April 10, 2025
Mich. Justices Bar Mandatory Life Terms For 19-, 20-Year-Olds
A split Michigan Supreme Court on Thursday said 19- and 20-year-olds' youth and capacity for rehabilitation must be considered when punishing them for murder, declaring mandatory life sentences for the late adolescents unconstitutional, while dissenting justices cautioned against the majority's reliance on a "parade of neuroscientific studies" to reshape the law.
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April 10, 2025
Groups Urge Protections For Native Monuments Amid Threats
The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.
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April 10, 2025
House Panel Ditches Bid For Northwestern Law Info After Suit
A U.S. House committee on Thursday backed away from an earlier request for documents about the funding and governance of legal clinics at Northwestern University's law school, citing "ongoing negotiations" with the university just one day after two Northwestern law professors alleged in federal court that they were being unlawfully targeted for purported "left-wing advocacy."
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April 10, 2025
Texas Group Seeks Halt Of Trump Admin Border Cash Order
A Texas trade group has urged a federal judge to immediately block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying the order is unjustified and discriminates against businesses that serve predominately Latino immigrant communities.
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April 10, 2025
Judge Wary Of DHS Policy On Removal To Unrelated Countries
A Massachusetts federal judge said Thursday he expects to issue a ruling that would require the U.S. Department of Homeland Security to afford greater due process protections to immigrants who the government seeks to deport to countries where they have no ties but could face torture or death, calling the current procedures "troubling."
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April 10, 2025
NY AG Calls For 'Common-Sense' Rules In Crypto Legislation
New York Attorney General Letitia James sent a letter to leaders of both chambers of Congress on Thursday urging them to ensure that any crypto legislation includes strong guardrails to protect consumers, national security and market stability.
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April 10, 2025
Senate Bill Would End Declared Emergency Behind Tariffs
A bill introduced Thursday in the Senate would end the national emergency declared by President Donald Trump to underpin the global tariff regime he unveiled last week, with Sens. Rand Paul, R-Ky., Ron Wyden, D-Ore., and Chuck Schumer, D-N.Y., among the sponsors.
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April 10, 2025
Live Nation Cites Amazon's Win In Urging Nix Of Antitrust Suit
An attorney for Live Nation Entertainment and Ticketmaster urged a California federal judge Thursday to rethink his tentative opinion to keep alive an antitrust case alleging monopolization of the concert ticketing market, saying the judge did not consider a recent Ninth Circuit decision in favor of Amazon that "maps 100%" to the case.
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April 10, 2025
Ex-Trump Attys Seek To Block Jan. 6 Info In Mich. Ethics Case
Attorneys accused of violating ethics rules amid their involvement in a legal challenge to Michigan's 2020 presidential election results and supporting President Donald Trump's election fraud theories have urged the Michigan Attorney Discipline Board's hearing panel not to accept evidence or witnesses regarding the events of Jan. 6, 2021, arguing they are "completely irrelevant."
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April 10, 2025
Trump's Int'l Trade Pick Says Tech Deals Sought In Tariff Talks
President Donald Trump could look to prioritize and coordinate tech investments with countries approaching the U.S. to strike a deal to avoid higher tariff rates currently suspended, Trump's pick to lead international trade at the U.S. Department of Commerce said Thursday.
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April 10, 2025
Congressional Bill Would Amend FMLA To Bar Clawbacks
Employers would be forbidden to recover health insurance costs from workers who use the federal Family and Medical Leave Act and then choose not to return to work under a bill introduced in Congress.
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April 10, 2025
Judge Approves Sale Of Ex-Riverfront CFO's Detroit Bar
A former chief financial officer who pled guilty to stealing tens of millions of dollars from a Detroit nonprofit got a federal judge's approval Wednesday to sell his nightclub as he faces paying a $45.5 million restitution bill.
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April 10, 2025
NC Justices Asked To Weigh In On Pot Burden Of Proof
A man convicted of drug trafficking is asking the North Carolina Supreme Court to weigh in on the charges against him for selling cannabis, saying the state failed to show that it wasn't legal hemp at trial.
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April 10, 2025
IRS-ICE Deal Could Cost $25B In Tax Revenue, Report Says
The Internal Revenue Service's agreement to share the taxpayer records of certain non-U.S. citizens with immigration enforcement authorities could lead to a $25 billion loss in tax revenue in 2026, according to research from Yale University.
Expert Analysis
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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How Citizen Petitions Have Affected Drug Competition
In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Suggestions For CFTC Enforcement's New Leadership
The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.