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Public Policy
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April 25, 2025
Tort Report: Texas Justices Set Dram Shop Standard
The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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April 25, 2025
Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff
A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Feds Fight Unions' Bid To Reverse Cuts To FMCS
A group of unions lack standing to ask a New York federal judge to reverse staffing cuts and field office closures at the Federal Mediation and Conciliation Service, the federal government has argued, opposing the group's bid for an injunction undoing the shrinkage of the labor-management dispute resolution agency.
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April 25, 2025
Low-Power Stations Seek To Avoid Next-Gen TV Mandate
Low-power TV broadcasters are urging the Federal Communications Commission not to force stations like theirs to transition to "NextGen TV," calling the consumer uptake of NextGen-enabled televisions "laughable" and saying advancements are still being made in standard HDTV technology.
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April 25, 2025
Feds Say Tariff Fight Belongs In International Trade Court
The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.
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April 25, 2025
Sen. Crapo Calls Exec Session For Commerce, Treasury Noms
U.S. Senate Finance Committee Chairman Mike Crapo, R-Idaho, announced Friday that it will hold an executive session Tuesday to consider President Donald Trump's picks for roles at the U.S. Department of Commerce and U.S. Department of the Treasury.
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April 25, 2025
Hemp Co. Says Seller Can't Pass Buck On Pot Arrest
A hemp company and its affiliates are urging a Wisconsin federal court to throw out a seller's claim that his shop was raided and he was convicted of drug possession because their products were falsely labeled as legal hemp, saying that the complaint fails to show the products had anything to do with the arrest.
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April 25, 2025
Is The 'Prevailing Party' Over For Civil Rights Attys?
The U.S. Supreme Court's ruling that preliminary injunctions don't entitle civil rights plaintiffs to recoup attorney fees was partly an attempt to reduce lengthy fee litigation, but it may have also reduced litigants' ability to vindicate their rights in court.
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April 25, 2025
With $1.2M Deal, Pattern Of NY Prison Abuse Cases Emerges
A New York man who says prison guards tortured him during a medical emergency recently secured a $1.2 million settlement — one of the largest known payouts for abuse in state custody — as part of litigation that exposed a correction officer's alleged recurrent violent behavior.
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April 25, 2025
Broadcasters Oppose FCC Adding New Local Notice Regs
Broadcasters said they don't like the idea of new local notice requirements for some types of new stations as part of a Federal Communications Commission plan to otherwise cut down on rules covering the industry that it believes are no longer needed.
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April 25, 2025
Feds Accused Of Illegal Education Data Collection Rollback
The Department of Education is defying congressional mandates requiring the collection and analysis of national education data, including by canceling $900 million in data maintenance and collection contracts, educational organizations said in a lawsuit filed in Washington, D.C., federal court.
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April 25, 2025
NY Settles Class Action Over Delays In Special Ed Hearings
New York City and state officials agreed to overhaul how special education complaints are handled, settling a 2020 class action brought by students with disabilities who waited months for crucial services.
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April 25, 2025
Trump Pressed To Roll Back Ligado Network Order
A broad collection of navigation, transportation, weather and agricultural interest groups are urging President Donald Trump and Congress to roll back the Federal Communications Commission's controversial Ligado order, arguing that the company's proposed terrestrial mobile service would cause harmful interference to GPS, satellite communications and weather forecasting services.
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April 25, 2025
Ex-Sen. Menendez Can't Avoid Prison During Appeal
A New York federal judge on Friday refused to allow former U.S. Sen. Robert Menendez and two of the businessmen who purportedly bribed him to avoid prison pending their appeal on a blockbuster corruption conviction.
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April 25, 2025
NJ Industrial Remediation Claims Not Time-Barred, Panel Says
A Garden State appellate panel on Friday revived New Jersey's suit seeking the remediation of a contaminated industrial property in the city of Camden and associated damages, ruling that the state's remediation claims are not time-barred.
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April 25, 2025
Aggressive USPTO Policy Push Suggests 'It's Lutnick's Show'
U.S. Patent and Trademark Office acting Director Coke Morgan Stewart's three months in charge have featured an unprecedented level of policymaking for an interim leader, suggesting that Secretary of Commerce Howard Lutnick has a vision for the agency and he's not waiting for the U.S. Senate to confirm a new director to pursue it.
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April 25, 2025
Feds Push To Keep Trial Date For 'Compromised' Texas Rep
Prosecutors told a federal judge Friday that U.S. Rep. Henry Cuellar, D-Texas, and his wife have plenty of time to review discovery and get their attorneys security clearances before a September trial on bribery and corruption charges.
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April 25, 2025
Teachers Union Blocks Feds From Freezing Funds Over DEI
The federal government can't revoke funding from schools associated with the National Education Association and two other educator groups because of the institutions' diversity, equity and inclusion policies, a New Hampshire federal judge ruled, saying the organizations will likely succeed in their suit claiming government guidance was unlawfully vague.
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April 25, 2025
House Republicans Seek Info On DeepSeek Ties To CCP
Republicans on the House Energy and Commerce Committee are pressing Chinese AI company DeepSeek for information on their data practices and relationship with the Chinese Communist Party.
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April 25, 2025
Spencer Fane Adds Former Oklahoma Higher Ed. Chancellor
Spencer Fane LLP said Thursday it has hired Allison Garrett, Oklahoma's former chief executive for its higher education system, as an of counsel in its litigation and dispute resolution practice.
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April 25, 2025
NJ AG Gives Chief Counsel Role To Former Civil Rights Head
The top assistant to New Jersey Attorney General Matthew Platkin has been appointed chief counsel for the state's Department of Law and Public Safety, an appointment that follows high-profile civil rights stints in and out of the Garden State.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
NJ Towns Challenge State Affordable Housing Framework
A coalition of nearly two dozen New Jersey municipalities has filed suit against state officials, arguing a provision of the state's affordable housing framework unfairly places all responsibility for building such housing on non-urban municipalities.
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April 25, 2025
Ex-FCC Chair Back At HQ To Lobby For Mobile Biz
A former chief of the Federal Communications Commission made a cameo appearance at the agency's Washington, D.C., headquarters in his new role as top lobbyist for the mobile services industry, calling for more spectrum to feed boundless growth in the wireless business.
Expert Analysis
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Avoiding Pitfalls Around New Calif. Commercial Lease Law
A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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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.