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Public Policy
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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.
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May 08, 2025
DOJ Civil Rights Appellate Leader Joins Crowell & Moring
Crowell & Moring LLP hired the acting deputy chief of the Justice Department's Civil Rights Division's Appellate Section as a senior counsel who will be based in Washington focusing on a range of higher education matters, the firm announced Thursday.
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May 08, 2025
FERC Says Grid Upgrade Bill For Solar Farm Was Justified
The Federal Energy Regulatory Commission defended its decision to affirm a regional transmission operator's assignment of $311 million in upgrade costs for a Texas solar farm to connect to the grid, telling the D.C. Circuit studies of the project's impacts were sound.
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May 08, 2025
Ala. Legislature OKs TCJA Research Expense Decoupling
Alabama would decouple from the Tax Cuts and Jobs Act by allowing research expenses to be deducted from a taxpayer's income under a bill sent to the governor.
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May 08, 2025
Tenn. Hotel Operators To Stop Collecting Tax After 30 Days
Tennessee will require hotel operators to stop collecting occupancy taxes from people who stay for more than 30 days under a bill signed by the governor.
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May 08, 2025
Trump Replaces Martin With Pirro As US Atty Pick
President Donald Trump said Thursday he would withdraw the nomination of Ed Martin for U.S. attorney for the District of Columbia, replacing him with former judge and Fox News host Jeanine Pirro.
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May 08, 2025
Wash. Justices Uphold Ban On Large-Capacity Gun Magazines
The Washington State Supreme Court on Thursday said that a state law banning the sale of large-capacity magazines for firearms was constitutional, in an opinion that said the law was not in conflict with recent U.S. Supreme Court rulings expanding gun rights.
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May 07, 2025
9th Circ. Judge Suggests Sidelining Peers To Curb Injunctions
With the U.S. Supreme Court set for a seminal showdown over nationwide injunctions, observers are advocating wide-ranging outcomes, and a Ninth Circuit judge entered the fray Wednesday by proposing that district judges be blackballed for blatant overreach or perceived bias.
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May 07, 2025
Judge Seeks Details On U.S.-El Salvador Detainee Deal
A D.C. federal judge on Wednesday said the Trump administration would have to turn over more information about its arrangement with El Salvador to imprison alleged Venezuelan gang members deported under the Alien Enemies Act, as he considers whether they should be returned to the United States.
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May 07, 2025
Fla. City Residents' Suit Over Corroded Water Pipes Revived
A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.
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May 07, 2025
HUD Blocked From Withholding Grants Over DEI Policies
A Washington federal judge on Wednesday temporarily blocked the Trump administration from forcing New York City, Boston, San Francisco and Seattle's county to adhere to policies against diversity, equity and inclusion or risk losing federal funds for homeless services, saying the strings attached are likely unconstitutional.
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May 07, 2025
Calif. Tribe Says State's Overcharges Void Gaming Compact
A California tribe is asking a federal court to declare that its gaming compact is unenforceable, arguing that it has paid millions more into special funding programs than the state's actual annual cost of regulating its Class III gaming operations.
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May 07, 2025
Texas AG Warns Chinese Cos. To Get In Step With Privacy Law
The Texas attorney general has informed Alibaba, CapCut, TP-Link and several other companies with ties to the Chinese government that they have 30 days to remedy alleged violations of the state's comprehensive data privacy law or face "additional legal action," marking the latest escalation of the agency's privacy enforcement efforts.
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May 07, 2025
USPTO Official Says 13% Of APJs Have Left Under Trump
The Patent Trial and Appeal Board has lost about 30 administrative patent judges and 20 staff members as the Trump administration is providing incentives to leave the government, Chief Administrative Patent Judge Scott Boalick said Wednesday.
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May 07, 2025
Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule
Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.
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May 07, 2025
Google Is 'What's Best' For Users, Apple Exec Tells Judge
A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.
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May 07, 2025
Illinois Seeks Exit From Suit Over Demographic Data Law
Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.
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May 07, 2025
Patent Examiners Tell GAO Quantity Beats Quality
Patent examiners at the U.S. Patent and Trademark Office feel like they're pressured to sacrifice patent quality in the interest of getting more patents out the door, the Government Accountability Office said in a report released Wednesday exploring what it called "persistent examination and quality challenges" at the agency.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
GSA Launches Website For Overhaul Of Federal Procurements
The General Services Administration has launched a new web page dedicated to the Trump administration's efforts to overhaul the Federal Acquisition Regulation, or FAR, which is the main set of rules used to govern federal acquisitions.
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May 07, 2025
Feds Seek Ax Of Haiti, Venezuela TPS Vacatur Challenge
The Trump administration has called on a Massachusetts federal judge to dismiss litigation brought by immigrants from Haiti and Venezuela seeking to block the government from vacating their temporary protected status, saying the court lacks jurisdiction over their claims.
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May 07, 2025
DOJ, FTC Seek Public Input On Live Event Ticketing Abuses
The U.S. Department of Justice and the Federal Trade Commission announced Wednesday they are seeking input from the public about potential abuses in the live ticketing industry, which comes after President Donald Trump's March executive order that looks to enforce "transparency at all stages of the ticket-purchase process."
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May 07, 2025
OCC Affirms Banks' Crypto Custody, Execution Capabilities
The Office of the Comptroller of the Currency on Wednesday made clear that banks can buy and sell crypto on behalf of their customers and outsource custody services to third parties, reaffirming a stance the regulator first took in 2020.
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May 07, 2025
Philips Presses For 'Certainty' On Next-Gen TV Transition
Electronics giant Philips is backing the National Association of Broadcasters' proposed timeline for stations to move to "NextGen TV," telling the Federal Communications Commission in a new filing that clear government action is needed to "shepherd the broadcast and consumer electronics industries towards a successful transition."
Expert Analysis
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.