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Public Policy
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March 31, 2026
OCC Scraps Recovery Planning Standards For Big Banks
The Office of the Comptroller of the Currency said Tuesday that it is dropping its requirements for large banks to keep contingency plans for handling severe financial stress scenarios, finalizing the withdrawal of guidelines that date back to the Obama administration.
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March 31, 2026
Feds Ask For Early Win In Hookless Cactus FOIA Suit
The U.S. Fish and Wildlife Service and the U.S. Department of the Interior have asked a federal judge for an early win in a conservation nonprofit's suit over withheld records about a proposed rule to remove the Colorado hookless cactus from the endangered species list.
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March 31, 2026
70+ Republicans Ask Justices To Review NY Gun Liability Law
More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.
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March 31, 2026
NC Attys Oppose DOJ Interference In State Ethics Complaints
A group of North Carolina lawyers is opposing the U.S. Department of Justice's proposed rule allowing the attorney general to review state-level ethics complaints against the department's attorneys, saying such a change would undercut the Tar Heel State's ability to regulate government lawyers.
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March 31, 2026
Wash. Gov. Signs Bills Expanding Powers Of State AG
Washington Gov. Bob Ferguson has signed two bills requested by the office of the state attorney general, including one aimed at enhancing its ability to demand document production and testimony in civil matters, allowing prosecutors to seek documents from elected officials and law enforcement agencies.
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March 31, 2026
Atlanta, Ex-IG Freed From Lobbyist's Bank Subpoena Suit
A Georgia federal judge freed the city of Atlanta and its former inspector general from a lobbyist and city contractor's suit accusing them of illegally issuing subpoenas for the lobbyist's bank records to bolster a frivolous corruption probe.
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March 31, 2026
Admin Says Apple Had Own Reasons To Ax ICE Tracking App
The Trump administration told a D.C. federal court that an app maker cannot support his claims that the administration coerced Apple to remove an app letting users report sightings of immigration enforcement authorities, noting Apple had independent authority to do so.
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March 31, 2026
US Blames Brazil, Turkey For Sinking E-Commerce Duty Deal
The Office of the U.S. Trade Representative said an extension of a 28-year prohibition on e-commerce duties at the World Trade Organization was blocked by just two of the 166 members — Brazil and Turkey — and criticized the broader ministerial conference as disappointing.
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March 31, 2026
4th Circ. Revives Va. Worker's OT Retaliation Suit
A worker's suit accusing a production supervisor at a packaging company of firing him after he reported violations for unpaid overtime should have stayed alive, the Fourth Circuit ruled, saying a Virginia federal court erroneously ruled that he couldn't support his claim and that he fraudulently joined an in-state supervisor.
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March 31, 2026
Ariz. Seeks Pause In Voter ID Fight Pending High Court Order
Arizona and its top lawmakers are asking a district court to stay a dispute on remand from the Ninth Circuit over state legislation that allows for ineligible voter roll purges until the U.S. Supreme Court weighs in on the overall litigation.
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March 31, 2026
IRS Can Collect $371M From Convicted Ex-Atty, 7th Circ. Says
The Internal Revenue Service can assess and collect restitution against a former attorney who served prison time in connection with $7 billion in tax fraud, making the amount immediately due and payable, the Seventh Circuit ruled, saying it was the first circuit court to address the issue.
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March 31, 2026
Sanctions Nixed In Suit Over Calif. County's Hemp Destruction
A California federal judge has vacated sanctions imposed on Kern County's attorney in a suit alleging the county and state law enforcement illegally destroyed 500 acres of legal hemp owned by Apothio LLC, saying a magistrate judge didn't follow the proper rules in imposing those sanctions.
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March 31, 2026
Pa. Restitution Pay Can't Be Docked For Unpaid Fines, Costs
A Pennsylvania court can't withhold or redirect restitution owed to a victim in a criminal case to cover fines and court costs the victim owes in other cases, a state appellate court ruled Tuesday.
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March 31, 2026
Ex-FirstEnergy Execs' Bribe Trial Ends After Jury Hits Impasse
An Ohio judge on Tuesday dismissed a jury weighing charges that two former FirstEnergy Corp. executives bribed a utility regulator to help secure a controversial $1.3 billion bailout for two of the company's nuclear plants, after the jury reported an impasse following more than a week of deliberations.
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March 31, 2026
Justices Reject Colorado's LGBTQ+ 'Conversion' Ban
The U.S. Supreme Court ruled Tuesday that a Colorado ban on therapy intended to change a minor's sexual orientation or gender identity amounts to viewpoint discrimination against a Christian therapist, a finding that split the court's liberal wing and crossed ideological lines.
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March 30, 2026
Newsom Tightens AI Contract Rules Over Safety Fears
California Gov. Gavin Newsom on Monday ordered state agencies to strengthen guardrails for all contracts connected to generative AI tools, highlighting what he sees as risks to free speech, voting rights and mass surveillance, and at the same time encouraging statewide adoption of safe forms of the technology.
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March 30, 2026
HPE Seeks Fix After States Expose Confidential Bidding Info
Hewlett Packard Enterprise Co. urged a California federal judge to order a dozen states and Washington, D.C., to take corrective measures after they publicly filed thousands of pages of confidential documents related to the company's $14 billion acquisition of Juniper Networks Inc.
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March 30, 2026
FTC's Meador Eyeing Platform Design In Kids' Safety Reviews
While the Federal Trade Commission isn't interested in "telling companies how to run their businesses," the agency will continue to police online hazards facing children and adults, including those that may be caused by the way that websites are designed, and could impose more "extreme" remedies when necessary, Republican Commissioner Mark Meador said Monday.
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March 30, 2026
Feds Urge 9th Circ. To Pause Immigration Bond Ruling
The Trump administration Monday urged the Ninth Circuit to pause a lower court's declaration that immigration judges have the authority to hear detained immigrants' bond requests, slamming the ruling as a "frontal assault" on the government's authority to detain immigrants and arguing it's creating "judicial chaos" across the country.
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March 30, 2026
Trump, Biden Changes To Endangered Species Regs Vacated
A California federal judge on Monday threw out Endangered Species Act regulation changes from the first Trump administration and Biden administration for being unlawful, saying the regulations contradicted the animal and habitat conservation law, including by paring back federal agency duties and narrowing the scope of the law's protection.
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March 30, 2026
Forest Service Beats Suit Over Timber Targets
A D.C. federal judge on Monday ruled against environmental groups challenging the U.S. Forest Service's timber harvesting program, holding that annual timber targets aren't discrete agency actions for purposes of judicial review, and that the government sufficiently assessed the environmental impact of logging projects.
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March 30, 2026
New Bills Would Refresh USDA Broadband Programs
A bipartisan duo of legislators has teamed up to introduce a quartet of bills they say would make the U.S. Department of Agriculture's broadband programs better at connecting rural communities.
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March 30, 2026
FinCEN Cautions On Benefits Fraud, Floats Tipster Award Plan
The U.S. Department of the Treasury's illicit finance watchdog called Monday for banks to step up monitoring for Medicare and Medicaid fraud, issuing new guidance on flagging suspicious activity, which came as officials also moved to incentivize financial crime reporting with new draft rules to offer tipster rewards.
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March 30, 2026
Dems Press CFTC To Curb Gov't Employees' Event Trading
Democrats across both chambers of Congress are demanding that the agencies overseeing prediction markets and the ethics of government workers tell federal employees they can't trade on events if their jobs give them an edge.
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March 30, 2026
Digital Equity Suit May Be Delayed During Climate Case
A D.C. federal judge will consider delaying arguments in a suit against the Trump administration for gutting the Digital Equity Act while a D.C. Circuit challenge to cuts to environmental grant programs plays out.
Expert Analysis
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What New Animal Welfare Enforcement Push Means For Cos.
The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.
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The Practical Implications Of New FDIC Stablecoin Measures
The Federal Deposit Insurance Corp.'s recent proposal to create a formal process for issuing payment stablecoins arrives with several practical implications for FDIC‑supervised banks pursuing digital asset strategies, including a safe harbor for early applicants and a focus on ownership and governance, say attorneys at Troutman.
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Antitrust Crime Enforcement May Escalate Under New Chief
While the recent departure of the Justice Department’s Antitrust Division chief created uncertainty about enforcement priorities, the debut speech from the new acting division head revealed that companies can only expect the division’s focus on vigorous criminal prosecution and offender deterrence to grow, say attorneys at Sidley.
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5 Takeaways From OCC's 'Appealing' Exam Challenge Revamp
The Office of the Comptroller of the Currency's recent proposed overhaul of its bank appeals framework introduces several attractive, high-level changes that OCC-supervised banks and their counsel should note, and may lead to an increase in successful exam challenges, says James Williams at Venable.
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Opinion
It's Time To Clarify California's Elder Abuse Act
As California's elderly population soars, the Golden State's high court and Legislature must provide needed clarification about the scope of the Elder Abuse Act, to resolve the inconsistencies and ambiguities that have impeded the law's ability to remedy elder abuse, neglect and abandonment, say attorneys at Horvitz & Levy.
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What The CFTC's Event Contracts Amicus Brief Is Missing
The U.S. Commodity Futures Trading Commission's recent amicus brief in the Ninth Circuit's North American Derivatives Exchange v. Nevada case declines to define the boundary between swaps and wagers, leaving market participants, exchanges and intermediaries operating within a regulatory framework whose boundaries remain undrawn, says Tamara de Silva at De Silva Law Offices.
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Series
Podcasting Makes Me A Better Lawyer
Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.
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Structuring Water Agreements For Data Center Development
For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.
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AG Watch: Ohio Targets DEI Policies
As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.
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High Court's Recess Talks Ruling Raises Practical Challenges
While the U.S. Supreme Court’s recent Villarreal v. Texas decision, permitting some limits on attorney-client discussions during overnight midtestimony recesses, resolves certain ambiguities, it also implicitly exposes the structural impracticalities of attempting to police narrower consultation limits, says Ryan Magee at McCarter & English.
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Takeaways From Calif. High Court's Public Records Decision
The California Supreme Court’s recent City of Gilroy v. Superior Court decision — clarifying the relief available under, and the duties imposed by, the California Public Records Act — expands the strategic significance of CPRA actions and demands greater foresight in public records practice, say attorneys at Hanson Bridgett.
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Why The NCUA's Stablecoin Moment Matters
The National Credit Union Administration, a historically conservative federal agency, recently proposed a detailed stablecoin licensing framework, confirming that the proposition of building a regulatory architecture within the banking industry has moved well past "whether" and firmly into "how," says Stephen Aschettino at Fox Rothschild.
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Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal
In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.
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How NY Stay-Or-Pay Law Shifts Leverage Dynamics
The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.
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H-1B Registration Tips For New Wage-Weighted Selection
Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.