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Public Policy
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Court Urged To Reconsider Jurisdiction In Tribal Tariff Row
Blackfeet Nation members are asking a Montana federal judge to reconsider an order to transfer their challenge against President Donald Trump's tariffs on imports from Canada and abroad to the U.S. Court of International Trade, saying the decision is based on the constitutional question of the Indian commerce clause.
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April 28, 2025
DOJ Rips 'Flawed' Wartime Removals Order At 10th Circ.
The U.S. Department of Justice told the Tenth Circuit that no precedent exists for a Colorado federal judge's temporary restraining order to halt removals under the Alien Enemies Act for individuals the DOJ says are not designated under the wartime law.
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April 28, 2025
Wells Fargo Exits CFPB's Mortgage, Auto Loan Consent Order
Wells Fargo & Co. announced Monday it has exited a consent order it inked with the Consumer Financial Protection Bureau in a 2018 settlement that stemmed from allegations of improper practices in the bank's auto lending and mortgage divisions.
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April 28, 2025
FCC Tells Courts 5th Circ. Wrong To Kill $57M AT&T Fine
The Federal Communications Commission defended multimillion-dollar fines against T-Mobile and Verizon in letters to the D.C. Circuit and Second Circuit, urging the appeals courts not to heed the Fifth Circuit's toss of a related $57 million privacy fine against AT&T.
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April 28, 2025
Exec 'Can't Believe' X Offers Itself As Place For Friends
The Federal Trade Commission pressed executives and former leaders from X Corp., Strava, Pinterest and Reddit on Monday for all the things that distinguish their services from Meta Platforms Inc., painting Facebook and Instagram in D.C. federal court as effectively the only place to really connect with friends and family to show the social media giant's alleged monopoly.
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April 28, 2025
DOJ's Slater Outlines 'America First Antitrust' Priorities
The head of the U.S. Department of Justice's Antitrust Division said Monday that robust antitrust enforcement meshes with conservative principles, and the agency's priorities will be on pocketbook issues and protecting individual liberty online.
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April 28, 2025
DHS Says Visa Record Restored For Foreign Student In Wash.
The U.S. Department of Homeland Security told a Washington federal judge on Monday that a preliminary injunction was not needed to restore the student visa record of a University of Washington doctoral candidate from China, because U.S. Immigration and Customs Enforcement has already returned the student's status to active.
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April 28, 2025
Dallas Strip Clubs' Args Give Fed. Judge 'Déjà Vu All Over Again'
A Texas federal judge told a group of Dallas adult entertainment businesses they were retreading old ground in a bid to get a city ordinance forcing them to close during early morning hours thrown out, saying during a Monday hearing that the Fifth Circuit already rejected their arguments.
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April 28, 2025
Ga. Speaker Claims Immunity In Lawsuit Over Lawmaker Ban
Georgia Speaker of the House Jon Burns has asked a federal judge to free him from a lawsuit lodged by the constituents of a lawmaker who was barred from the chamber in January after calling Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."
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April 28, 2025
Gov't Reverses Position On Surgery For Trans Prisoners
The Trump administration is rejecting the federal government's previous stance that prison officials are constitutionally required to provide gender confirmation surgery to incarcerated people with gender dysphoria who request the treatment, noting the shift in recent statements to a Georgia federal court.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
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April 28, 2025
EPA Waiver Lifts Summer Ban On High-Ethanol Fuel Sales
The U.S. Environmental Protection Agency on Monday formally suspended the usual summer ban on sales of higher-ethanol gasoline blends, the fourth year in a row the agency has done so.
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April 28, 2025
Justices Open To New Combat Compensation Filing Window
A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.
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April 28, 2025
Judge 'Commandeered' VOA, DC Circ. Told
The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.
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April 28, 2025
Whitmer's Top Court Pick Helps Secure Her Judicial Legacy
Michigan Gov. Gretchen Whitmer made her second appointment to the state's highest court last week, and experts say the Democrat's latest pick locks in a liberal supermajority that is likely to be sympathetic to criminal defendants' rights.
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April 28, 2025
FCC Eyes New Power Limits For NGSO Satellites
The Federal Communications Commission on Monday floated new power limits for nongeostationary orbit satellites in a move the feds say could boost the availability of broadband service beamed from space, and that was requested by SpaceX.
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April 28, 2025
Trump To Target Sanctuary Cities With New Executive Order
President Donald Trump signed an executive order on Monday evening directing the attorney general and secretary of the U.S. Department of Homeland Security to publish a list of sanctuary cities, which are often found in Democratic states, as they "obstruct" the federal immigration efforts, according to the administration.
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April 28, 2025
Board Game Co., 11 Others Say Trump Tariffs Unconstitutional
President Donald Trump's tariffs exceed the constitutional authority of the executive branch, argued 12 American companies, including a manufacturer of tabletop games that are printed in China, urging a federal court to halt them.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
Cannabis Firms Say 'Rogue' CBP Can't Seize State-Legal Pot
A group of cannabis companies are urging a New Mexico federal court not to throw out their suit alleging that U.S. Customs and Border Protection wrongly seized products, money and vehicles at checkpoints, saying the "rogue agency" can't treat marijuana differently than every other federal agency does.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
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April 28, 2025
Unions Tell Judge To Stop DOGE's Federal Personnel Probe
A New York federal judge should block the U.S. Office of Personnel Management from disclosing information about federal employees to Elon Musk's Department of Government Efficiency, three unions argued in an updated injunction request, saying their position is stronger now that the judge denied the government's dismissal bid.
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April 28, 2025
Trump Sued Over 'Unprecedented' NCUA Board Purge
The two Democratic credit union regulators whom President Donald Trump ousted earlier this month from the National Credit Union Administration sued Monday to be reinstated to the agency's board, challenging their terminations as "unprecedented" and unlawful.
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April 28, 2025
Judge Weighs Impact Of Top Court Ruling On DOE Grant Cap
A federal judge hearing a challenge to a Department of Energy grant cap on Monday expressed concerns about the case's potential overlap with a U.S. Supreme Court ruling that cast doubt on a bid to revive federal teacher training grants.
Expert Analysis
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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.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.