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Public Policy
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May 02, 2025
Conn. AG Scuttles Nursing School Suit After $5M Student Deal
The state of Connecticut has formally withdrawn an unfair trade practices lawsuit against defunct nursing school Stone Academy after the facility penned a $5 million deal for students and the state attorney general vowed not to seek additional penalties from the shuttered entity.
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May 02, 2025
DC Circ. Seems Unconvinced That Proxy Firms 'Solicit'
An industry group's bid to revive a U.S. Securities and Exchange Commission rule regulating proxy advisory firms seemed to meet a skeptical D.C. Circuit panel on Friday, as the judges questioned whether those firms "solicit" proxy votes.
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May 02, 2025
Miner, Recreationists Look To Dissolve Chuckwalla Monument
A miner and an advocacy group have asked a Michigan federal court to revoke the protected status of the Chuckwalla National Monument in a suit that takes aim at presidential power to protect vast areas of federal land.
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May 02, 2025
3rd Circ. Says County Judges Need Notice To Pull Probation
The Third Circuit on Friday partly revived claims from criminal defendants who said they were jailed for alleged probation violations too hastily and too long by Allegheny County, Pennsylvania, Judges Jill Rangos, Anthony Mariani and Kelly Bigley, but the split panel declined to require more than "probable cause" for someone to be returned to jail.
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May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase
A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
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May 02, 2025
Reuters Escapes Suit Over NJ Judicial Privacy Law
A federal judge has dismissed a lawsuit alleging Thomson Reuters violated the New Jersey judicial privacy measure Daniel's Law, finding the plaintiffs failed to properly serve the Canadian organization.
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May 02, 2025
Mass. Board Upholds Home's Valuation Despite Comparables
A Massachusetts homeowner cannot have the value of her home lowered after failing to account for the differences between her home and the comparable sales she provided, the state tax appeals board said in a ruling released Friday.
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May 02, 2025
Workers Say UMich Fired Them For Pro-Palestine Protests
Former University of Michigan employees alleged in a new lawsuit that they were illegally fired and barred from seeking future work at the university because they participated in demonstrations to support the rights of Palestinians in the conflict in Gaza.
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May 02, 2025
USPTO's Financial Officer Latest To Depart Agency Leadership
The U.S. Patent and Trademark Office's chief financial officer has left the agency, marking another departure of a high-level USPTO official while the Trump administration looks to reduce government headcount.
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May 02, 2025
Virginia Accuses Tribe Of Medicaid Billing Fraud
Virginia is fighting a bid by the Nansemond Indian Tribe for an order that would require it to continue processing the tribe's unpaid Medicaid reimbursement claims, telling a federal court that it instead suspended payments and its Medicaid fraud unit is investigating the tribal healthcare entity.
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May 02, 2025
IRS Updates Rates For Foreign Insurance Company Equations
The Internal Revenue Service on Friday published updated domestic asset/liability and yields percentages for 2024 that foreign life insurance companies and foreign property and liability insurance companies need to compute their minimum effectively connected net investment income.
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May 02, 2025
DOL Halts Enforcement Of Biden's Contractor Rule
The U.S. Department of Labor's Wage and Hour Division will stop enforcing a former President Joe Biden-era final rule determining whether workers are independent contractors or employees under federal law, the agency announced, as three federal courts paused suits challenging the rule.
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May 02, 2025
Community Groups Accept Pause In CTA Litigation
A group of community associations has told the Fourth Circuit they aren't opposed to a government motion to pause litigation over the Corporate Transparency Act, even as they maintained the information disclosure law aimed at small businesses still carries constitutional flaws.
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May 02, 2025
DC US Atty Pick Vows To Take On Judicial Threats
Ed Martin, nominee to be U.S. attorney for the District of Columbia who is currently serving in the role on an interim basis, has told federal judges in D.C. he is concerned about the increase in threats to judges and pledged to work together to stop it.
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May 02, 2025
Trump Announces First Judicial Nominee Of 2nd Term
President Donald Trump announced his first judicial nominee of his second administration late Thursday night.
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May 01, 2025
Judge Won't Ax Anti-DEI Injunction For Plaintiffs' Tweaks
A Maryland federal judge Thursday declined to upend his preliminary injunction barring the Trump administration from implementing the bulk of the president's executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors.
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May 01, 2025
New Bill Holds Judges Accountable Even After They Retire
A Georgia Congressman on Thursday introduced legislation that would ensure misconduct complaints against judges would still be investigated, even if the judge has resigned, retired or even died.
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May 01, 2025
Ex-Credit Union Regulator Says Suing Trump 'Had To Be Done'
One of two Democrats suing President Donald Trump for unlawful termination from the National Credit Union Administration warned Thursday of damaging potential ripple effects if their firings are allowed to stand, casting their decision to litigate as daunting but necessary.
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May 01, 2025
Ex-Amtrak Director Steered IT Contracts For Bribes, Feds Say
Pennsylvania federal prosecutors announced Thursday that the former director of network planning and engineering for Amtrak is charged with taking bribes worth tens of thousands of dollars in exchange for steering millions of dollars in Amtrak contract work to various vendors.
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May 01, 2025
Troops Urge High Court To Keep Transgender Ban On Ice
Several transgender service members and recruits told the U.S. Supreme Court on Thursday to reject the Trump administration's bid to lift a federal judge's order prohibiting implementation of the Pentagon's ban on transgender military service, claiming the policy is so deeply rooted in animosity that it won't survive judicial inspection.
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May 01, 2025
DOJ Grilled On 'Bottleneck' After Refugee Processing Orders
A Washington federal judge expressed frustration with the federal government Thursday for moving "with one hand behind its back" to resume processing of certain refugees after the Ninth Circuit clarified the scope of a partial block on the Trump administration's refugee program shutdown.
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May 01, 2025
Aetna And Humana Accused Of Medicare Kickbacks And Bias
The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.
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May 01, 2025
HHS Report Finds 'Serious Concerns' On Trans Care For Youth
The U.S. Department of Health and Human Services on Thursday released a report it says raises "serious concerns" about medical interventions used to aid young people in gender transition.
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May 01, 2025
SEC Drops Case Against Crypto Promoter Ian Balina
The U.S. Securities and Exchange Commission moved Thursday to drop its suit over cryptocurrency influencer Ian Balina's alleged promotion of so-called SPRK tokens, about a month after Balina's attorneys said the federal regulator planned to walk away from the case.
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May 01, 2025
FinCEN Targets Cambodian Firm As Crypto Money Launderer
The U.S. Department of the Treasury's financial crimes watchdog on Thursday called out Cambodia-based Huione Group as a primary money laundering concern and proposed to "sever its access to the U.S. financial system" due to its alleged laundering of $4 billion worth of crypto scam and other illicit proceeds.
Expert Analysis
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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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.