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Public Policy
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April 21, 2025
Colo. Judge Skeptical She Can't Hear 'Alien Enemies' Case
A Colorado federal judge was dubious on Monday that her court lacks jurisdiction over habeas petitions from two Venezuelan men challenging their potential deportation under the Alien Enemies Act, saying the U.S. Supreme Court's early morning intervention in an "extremely similar" case seems to support extending a block on removing migrants.
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April 21, 2025
Taiwan Installs Tariff Relief Measures For Exporters
Certain Taiwanese businesses that export goods to the U.S. will have access to lower loan interest rates and waived exporter insurance fees if they can show they are heavily impacted by U.S. tariffs, Taiwan's Ministry of Finance said Monday.
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April 21, 2025
US, Italy Say Tech Cos. Must Not Face Discriminatory Taxes
Italy and the U.S. agree that discrimination tech companies face in the form of digital services taxes must end in order to enable investments from those companies, according to a joint statement by Italian Prime Minister Giorgia Meloni and President Donald Trump.
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April 21, 2025
US Asks 4th Circ. To Pause Review Of Corp. Transparency Act
The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
Interior Says Offshore Air Rule Challenge Must Be Nixed
The U.S. Department of the Interior and an oil and gas industry group on Friday said that the agency got it right in 2020 when it abandoned an Obama-era proposal to revise air pollution rules for offshore oil and gas operations.
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April 21, 2025
Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature
Georgia Gov. Brian Kemp put the finishing touches on the state's first civil justice overhaul in two decades Monday, signing into law a pair of Republican-backed tort reform bills designed to tamp down plaintiffs' verdicts and impose new restrictions on third-party litigation funding.
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April 21, 2025
Unions Demand Halt To DOGE's Info Access At DOL, HHS
A D.C. federal judge must block Elon Musk's Department of Government Efficiency from accessing sensitive systems in the U.S. Department of Labor and Department of Health and Human Services, unions argued in a preliminary injunction bid, saying the government's search for "waste, fraud and abuse" doesn't warrant access.
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April 21, 2025
DOJ Defends Wage-Fixing Jury Win From Mistrial Bid
The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.
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April 21, 2025
Advocacy Group Sues DOJ For Docs On Acting DC US Atty
Advocacy group Democracy Forward sued the U.S. Department of Justice on Monday seeking information about Ed Martin, the acting top federal prosecutor in D.C., whose nomination to fill the role permanently is facing pushback in Congress.
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April 21, 2025
Wife Of Ex-Sen. Menendez Convicted On Corruption Charges
A Manhattan federal jury on Monday found Nadine Menendez guilty of aiding in her husband Bob Menendez's corruption by facilitating bribe payments, including a Mercedes-Benz and gold bars, from New Jersey businessmen to the convicted former U.S. senator.
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April 21, 2025
Palin Calls NYT Piece 'Devastating' But Didn't Ask For Fix
Sarah Palin told a federal jury in Manhattan on Monday that she felt devastated and "defenseless" when an allegedly defamatory 2017 editorial appeared in The New York Times erroneously tying her to political violence, but conceded she didn't demand a correction or retraction.
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April 21, 2025
Justices Mull 5th Circ. Redo In ACA Preventive Care Fight
The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
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April 21, 2025
Democrats Seek More Funds To Protect Judges From Threats
Two Democratic lawmakers on Monday asked U.S. Chief Justice John Roberts if more funding is needed to protect federal judges from a spike in physical threats that challenge "the viability of the rule of law itself."
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April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case
Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
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April 21, 2025
GAO Denies Protest Over $30.6M CMS Award
The U.S. Government Accountability Office has affirmed a $30.6 million Centers for Medicare & Medicaid Services award for analytical services, finding no support for a Maryland company's protest asserting that the agency botched its evaluations and held unfair exchanges with the awardee.
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April 21, 2025
Feds Say Expanded Quick Removals Suit Should Be Axed
The Trump administration urged a D.C. federal judge to throw out the American Civil Liberties Union's lawsuit over the government's dramatic expansion of rapid deportations that bypass the immigration court system, saying expedited removal has long been upheld by the courts.
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April 21, 2025
High Court Won't Review University Of Michigan's Gun Ban
The U.S. Supreme Court rejected a challenge to the University of Michigan's campus firearms ban Monday, leaving in place a lower court's ruling that the university is a "sensitive place" that may restrict guns.
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April 21, 2025
Florida Federal Judge To Take Senior Status In August
President Donald Trump is gaining yet another federal judicial vacancy in his adopted state, Florida.
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April 21, 2025
Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute
The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.
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April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.
After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
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April 20, 2025
High Court's Pause Of Removals Was 'Premature,' Alito Says
The U.S. Supreme Court's decision early Saturday morning to prohibit the Trump administration from using a 1798 wartime law to remove alleged Venezuelan gang members detained in northern Texas to an El Salvadoran prison was hasty and premature, Justice Samuel Alito wrote in a dissent joined by Justice Clarence Thomas.
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April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books
The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.
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April 19, 2025
Justices Temporarily Block Removals Under Wartime Law
The U.S. Supreme Court on Saturday ordered the Trump administration to halt removals of alleged Venezuelan gang members detained in Texas under the 1798 Alien Enemies Act, pending further input from the court.
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April 18, 2025
Tufts Student's ICE Detention Fight To Proceed In Vermont
A Vermont federal judge ruled Friday that Tufts University graduate student Rumeysa Ozturk can fight her U.S. Immigration and Customs Enforcement detention in the state and not the Trump administration's choice of Louisiana, ordering the federal government to bring her back to Vermont no later than May 1.
Expert Analysis
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Opinion
Admin Change May Help Reduce PTAB Invalidation Rates
It is not good for the U.S. patent system that the Patent Trial and Appeal Board finds all challenged claims to be unpatentable 70% of the time — but new leadership at the Commerce Department and U.S. Patent and Trademark Office may foster pro-patent policies and provide some relief, says Stephen Schreiner at Carmichael IP.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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3 Potential Developments That May Alter US Patent Rights
The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.
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Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
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8 Ways Cos. Can Prep For Termination Of Their Enviro Grants
The federal government appears to be reviewing energy- and infrastructure-related grants and potentially terminating grants inconsistent with the Trump administration's stated policy goals, and attorneys at DLA Piper provide eight steps that recipients of grants should consider taking in the interim.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.