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Public Policy
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May 08, 2025
Albertsons Says Counties Have 'Paradoxical Status' In MDL
A group of pharmacies led by Albertsons Cos. Inc. have told the Texas Supreme Court that two counties can't assert claims against them in the state's opioid multidistrict litigation while simultaneously denying they qualify as claimants.
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May 08, 2025
Ill. Judge Again Blocks Deletion Of Immigrant Student Records
An Illinois federal judge on Thursday issued a preliminary injunction barring immigration officials from deleting student and exchange visitor records, finding eight international students who alleged their due process rights were being violated were likely to prevail on their claims.
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May 08, 2025
Trump Names 8 More For US Attorney Spots
President Donald Trump has nominated eight more individuals for U.S. attorney posts, several of whom already are serving in the roles on an interim basis.
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May 08, 2025
DOJ Says Judge Can't Certify Subclasses In Wartime Law Row
The Trump administration has called on a D.C. federal judge to reject the American Civil Liberties Union's attempt to certify two subclasses of noncitizens subject to the president's proclamation invoking the Alien Enemies Act, citing "jurisdictional defects."
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May 08, 2025
Google Payment Unit Ends Suit As CFPB Nixes Oversight Plan
Google Payment Corp. disclosed Thursday that the Consumer Financial Protection Bureau has agreed to drop Biden-era plans to supervise the tech giant's payment arm, leading the company to drop its suit against the regulator.
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May 08, 2025
Feds Secure Short-Term Agreements For Colo. River System
The U.S. Department of the Interior has negotiated the extensions of 18 conservation agreements with stakeholders as part of a plan to conserve water along the Colorado River in California and Arizona.
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May 08, 2025
3rd Circ. Rejects Challenge To Medicare Drug Price Program
The Third Circuit on Thursday rejected AstraZeneca's challenge to the Medicare drug price negotiation program, ruling that the pharmaceutical giant was unable to show how it is injured by the program's guidance or how it violates its due process rights.
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May 08, 2025
Feds Oppose Sentencing Delay For Nadine Menendez
Manhattan federal prosecutors on Thursday asked a judge to deny a request from former U.S. Sen. Robert Menendez's wife, Nadine Menendez, to delay her sentencing on bribery charges for three months, saying she had not provided any "real information" about the request.
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 08, 2025
E-Rate Paperwork Snafus Cost Some Orgs. FCC Funds
The Federal Communications Commission has denied seven organizations' appeals for reimbursement under the E-Rate subsidy program because their service providers failed to send in the paperwork required to qualify for school and library connectivity funds.
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May 08, 2025
Ind. Allows Credit For Taxes Paid On Behalf Of Pass-Throughs
Indiana authorized electing pass-through entities to claim a credit for taxes paid on their behalf under a bill signed by the governor.
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May 08, 2025
Landry's To Pay Iranian Server $95K In EEOC Harassment Suit
Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.
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May 08, 2025
Full DC Circ. Restores International Media Funding, For Now
The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.
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May 08, 2025
SEC's Peirce Outlines Path To Exempt Tokenized Securities
The U.S. Securities and Exchange Commission's Hester Peirce on Thursday endorsed the creation of "regulatory sandboxes" that would encourage companies to develop trading systems for tokenized securities, enabling them to experiment with new technologies without certain registration requirements that govern stock exchanges.
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May 08, 2025
EU Weighs Tariffs, Restrictions On $112B Of US Trade
All options remain on the table for the European Commission as it aims to finalize plans by mid-July to tariff or restrict nearly €100 billion ($112 billion) worth of trade with the U.S., a commission spokesperson told Law360 on Thursday as the bloc launched a consultation.
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May 08, 2025
NC Failed To Act On PFAS Pollution, Chemours, EIDP Say
Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.
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May 08, 2025
11th Circ. Says Developer's I-20 Truck Stop Suit Out Of Gas
The Eleventh Circuit has backed a district court's dismissal of a property owner's suit challenging a metro Atlanta county ordinance that for years blocked him from developing his land into a QuikTrip gas station, ruling the county had a "rational basis" for its effective ban on new truck stops.
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May 08, 2025
Senate Rejects FCC's Wi-Fi Subsidy For Students Off Campus
The Senate voted Thursday to overturn a Federal Communications Commission rule that would allow the E-Rate school and library program to subsidize Wi-Fi hot spots for students and library patrons off premises.
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May 08, 2025
ABA Defends Free Speech In Response To DOJ's Grant Cutoff
The American Bar Association has told the D.C. federal court the U.S. Department of Justice's decision to cut domestic violence-related grants to the ABA violates its First Amendments rights and sets a precedent that would allow the government to "silence all manner of opposition."
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May 08, 2025
Convicted Atty In Embassy Attack Seeks To Avoid Restitution
A Florida attorney sentenced to 8 ½ years in prison for damaging a San Antonio sculpture and unsuccessfully trying to detonate explosives outside the Chinese Embassy in Washington, D.C., has asked the court to eliminate his $325,000 restitution obligation because of his inability to pay.
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May 08, 2025
NC County Can't Dismiss Suit Over 'Faithful Slaves' Monument
A federal judge ruled that Tyrrell County, North Carolina, must face an equal protection claim brought by a group of concerned citizens objecting to a Confederate monument with an engraving that celebrates the "faithful slaves" who were loyal to the South during the American Civil War.
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May 08, 2025
Power Cos. Fight New Deadline In Pole Attachment Regs
Power companies are pushing back against a telecom industry proposal that would give utility pole owners just 30 days to approve third-party contractors for "make-ready" work in preparation for communications attachments, telling the government that the proposal would effectively strip utilities of their agency in contracting work on their poles.
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May 07, 2025
Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
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May 08, 2025
Conn. High Court Snapshot: Rehab Permit And Towing Tiff
The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.
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May 08, 2025
McCarter & English Partner To Be Picked As US Atty In Conn.
Hartford-based McCarter & English LLP partner David X. Sullivan will be nominated by President Donald Trump to lead the U.S. Attorney's Office for the District of Connecticut, his law firm confirmed to Law360 on Thursday.
Expert Analysis
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Opinion
US Reassessment Of OECD Tax Deal Is Right Move
The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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The Path Forward For Construction Cos. After Calif. Wildfires
The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.