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Public Policy
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May 20, 2025
High Court Precedent Blocks FTC Commish Firings, Judge Told
A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.
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May 20, 2025
Medical Organizations Sue Feds For Removing Health Data
The U.S. Department of Health and Human Services and several constituent agencies are accused of violating the Administrative Procedure Act by illegally purging websites containing critical public health information related to trans and HIV care, vaccines and the prevention of outbreaks of communicable diseases, according to a lawsuit filed Tuesday in Washington federal court.
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May 20, 2025
6 Colo. Cities Sue Governor Over Housing Executive Order
Six Colorado cities with "home rule" charters have hit the state and Gov. Jared Polis with a suit challenging his recent executive order saying state grants won't go to local communities if they don't comply with new housing laws that seek denser real estate development.
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May 20, 2025
Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts
A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.
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May 20, 2025
FCC Warned To Not Overreach In Undersea Cable Rules
Network providers cautioned the Federal Communications Commission to stick to its legal authority when crafting new rules to beef up the security of undersea telecom cables, saying the FCC can't regulate beyond cable owners and operators under existing law.
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May 20, 2025
State AGs Say No To Nixing Wireless Site NHPA Reviews
Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.
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May 20, 2025
Tribe Blames DOI For $1.5M In Legal Fees In Recognition Row
A Michigan tribe that is asking for $1.5 million in fees from the Interior Department over its challenge to a federal recognition status denial says the agency caused the case to drag on for five years due to its failure to remand its rule governing the process.
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May 20, 2025
Moderna Says Order To Narrow Vax IP Case Should Stay
Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.
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May 20, 2025
DOJ Watchdog Asked To Probe AG's Trump Media Stock Sales
Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, on Tuesday urged the U.S. Department of Justice's inspector general to investigate Attorney General Pam Bondi's sale of millions of dollars' worth of shares in Trump Media just ahead of the stock market plunging.
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May 20, 2025
SEC Chair Says Staff Exits Have Left Holes In Agency
U.S. Securities and Exchange Commission Chair Paul Atkins told Congress Tuesday that the agency has lost hundreds of employees in recent months due to voluntary buyouts and early retirement incentives, and that some now-missing expertise will need to be replaced.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Pennsylvania Biz Owner Cops To COVID Fraud Schemes
A Pennsylvania business owner on Tuesday admitted to running fraud schemes targeting government business pandemic relief programs that could result in a maximum $3.25 million fine, according to the U.S. attorney's office in Philadelphia.
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May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case
The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
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May 20, 2025
Finance Panel's Dems Pan Trump IRS Pick Over Ethical Issues
Senate Finance Committee Democrats deemed former Rep. Billy Long unfit to lead the IRS during his confirmation hearing Wednesday, citing ethical concerns over his promotion of pandemic-era employee retention claims, and of tribal tax credits they called dubious, while working as a business consultant after leaving Congress.
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May 20, 2025
The Alien Enemies Act Cases: A Roundup
Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
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May 20, 2025
9th Circ. Says Dad Didn't Show Sons' Hardships If Deported
The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.
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May 20, 2025
Feds Ignored Order With South Sudan Removals, Judge Told
Lawyers for immigrants at risk of being deported to countries where they have no prior ties and may face harm told a Boston federal judge Tuesday that the government removed at least two class members to South Sudan in violation of a court order.
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May 20, 2025
GOP Lawmakers Defend Stricter Independent Contractor Bill
Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.
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May 20, 2025
Chicago Orgs Fight Feds' Bid To Drop Dredged Waste Suit
Two advocacy groups that challenged a U.S. Army Corps of Engineers decision to expand a disposal facility that stores sediments dredged from Chicago waterways said Monday that the court retains jurisdiction even though the Army Corps has withdrawn that decision and should only dismiss the case on certain conditions.
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May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry
The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
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May 20, 2025
TikTok's Bid To Get NY Docs From AG Sunk By New State Law
A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.
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May 20, 2025
Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials
The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner.
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May 20, 2025
Trump Calls For FCC Spectrum Auctions In Budget Bill
President Donald Trump on Tuesday jumped into the ongoing debate about federal auctions of the airwaves by calling for inclusion of spectrum sales in the budget reconciliation bill pending in Congress.
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May 20, 2025
NJ Justices Take Up Bond Marketing Suit Against Big Banks
The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.
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May 20, 2025
Connecticut House Passes Psilocybin Decriminalization Bill
Connecticut's House of Representatives on Monday narrowly approved a bill to decriminalize possession of small amounts of psilocybin, the active ingredient in psychoactive mushrooms, sending the bill to the state Senate.
Expert Analysis
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Unpacking Copyright Office's AI Report Amid Admin Shakeups
Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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What Disparate Impact Order Means For Insurers' AI Use
A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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The Risks Of Trump's Plan To Fast-Track Deregulation
A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.