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Environmental
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March 28, 2025
5th Circ. OKs Largest US Crude Export Terminal's Expansion
A Fifth Circuit panel found the U.S. Army Corps of Engineers dotted its i's and crossed its t's before it greenlighted an expansion of the largest crude oil export terminal by volume in North America, finding in a Friday opinion the agency adequately studied the project's effects.
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March 28, 2025
Insurer Denied Early Win In $6.1M Cargo Loss Coverage Suit
A New York federal judge said there was too much controversy to hand an early win to a stone company in its case seeking coverage of a more than $6.1 million loss over marble destroyed by a snail infestation.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
Trump Targets National Security Workers' Bargaining Rights
President Donald Trump on Thursday issued an executive order ending collective bargaining with unions representing workers at a number of agencies "with national security missions," saying that allowing the workers to bargain is "dangerous" in agencies with such responsibilities.
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March 27, 2025
Nikola Corp. Founder Says Trump Gave Him Full Pardon
President Donald Trump has pardoned Trevor Milton, the Nikola Corp. founder convicted of fraudulently inflating the electric-truck maker's value on Wall Street, Milton announced in a late Thursday post on X.
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March 27, 2025
9th Circ. Revives Monsanto Roundup Expiration Label Fight
Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.
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March 27, 2025
DC Judge Seems Open To Fired Inspectors' Reinstatement Bid
A D.C. federal judge on Thursday questioned whether it would make practical sense to reinstate eight inspectors general fired by President Donald Trump while signaling openness to the federal watchdogs' argument that the president must follow the legally mandated process before they can be terminated.
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March 27, 2025
Lawmakers Reintroduce Bill For Georgia's First National Park
Four U.S. lawmakers from Georgia have reintroduced a federal act that would establish the Ocmulgee Mounds and surrounding areas as the state's first national park, saying the bipartisan bill's introduction follows years of lobbying by the Muscogee (Creek) Nation.
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March 27, 2025
Barretts Mediator Feinberg Blames Committee For Impasse
The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."
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March 27, 2025
Whistleblowers Seek Bigger Cut Of Tetra Tech Deal With Navy
Seven whistleblowers told a California federal judge on Thursday they deserve a cut of the total $97 million settlement the government inked over allegations a Tetra Tech unit billed the Navy for radiation remediation that was not done, and not a smaller share covering only the government's False Claims Act claims.
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March 27, 2025
Meta Gets Stiff-Armed On FuriosaAI Offer, And More Rumors
In a bold move that underscores the growing confidence and independence of artificial intelligence startups, FuriosaAI reportedly rejected an $800 million acquisition offer from Meta. Nvidia is also on the verge of acquiring Lepton AI, and Apollo is mulling a sale of Cox Media. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 27, 2025
California Tribe Wants In On 70-Acre Casino Project Challenge
A California tribe at the center of a challenge to an Interior Department decision to take 70 acres into trust for the construction of its hotel and casino project is asking a federal court to intervene in the dispute, arguing the plaintiff's anticompetitive behavior will impede its goal of self-governance.
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March 27, 2025
Western Leaders Oppose Cuts To Public Land Protections
More than 300 local Western leaders have urged the Trump administration and Congress to reject the sale of public lands in the latest budget resolution package passed by the U.S. House, saying they must oppose attempts to reduce the size of national monuments.
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March 27, 2025
Lawmakers Sue NYC Mayor Over Zoning Plan
A group that includes New York state lawmakers and New York City lawmakers alleged in state court that the approval of NYC Mayor Eric Adams' City of Yes for Housing Opportunity zoning reform plan violated state and city environmental quality review regulations.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal
A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.
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March 27, 2025
Gibson Dunn, V&E Guide $1B Jamaica Energy Deal
Excelerate Energy has agreed to purchase New Fortress Energy's Jamaica business for $1.055 billion, with legal support from Gibson Dunn & Crutcher LLP and Vinson & Elkins LLP, the companies disclosed Thursday.
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March 27, 2025
SEC Drops Defense Of Biden-Era Climate Disclosure Rules
The U.S. Securities and Exchange Commission said Thursday it would no longer defend regulations requiring some of the world's largest corporations to publicly disclose the effects climate change could have on their businesses, walking away from an Eighth Circuit challenge to the rules that the agency's acting chair called "unnecessarily intrusive."
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
Fuel Truck Exec Cops To Wildfire Bid-Rigging Scheme
The owner of a company that contracted with the U.S. Forest Service to supply fuel truck services to wildland firefighters pled guilty to conspiring with another executive to rig bids and allocate territories between 2015 and 2023.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
5th Circ. Backs EPA Ozone Plan Rejections, Except In Miss.
The Fifth Circuit upheld the U.S. Environmental Protection Agency's disapproval of Texas and Louisiana's plans to comply with federal ozone standards, but it said the EPA's disapproval of Mississippi's plan was arbitrary because it relied on information that wasn't available when the state submitted its plan.
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March 26, 2025
3 Firms Guide Nuclear Power Startup's $925M SPAC Merger
Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
Expert Analysis
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.