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Public Policy
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March 06, 2025
DOJ Says Groups Can't Win Immigration Legal Support Row
The U.S. Department of Justice fired back at nonprofit groups' attempt to block the Trump administration from halting funding for four programs that give noncitizens access to basic legal information, saying the groups are unlikely to succeed in their challenge.
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March 06, 2025
Judge Orders Reinstatement Of NLRB Member Wilcox
A Washington, D.C., federal judge ordered Thursday that fired National Labor Relations Board member Gwynne Wilcox be reinstated, restoring a quorum on the board pending a likely appeal by the Trump administration.
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March 06, 2025
USW Strikers Found Eligible For Unemployment Pay
Workers represented by the United Steelworkers who sought unemployment compensation during a work stoppage could receive the benefit under state law, a Pennsylvania appellate court concluded Thursday, finding claimants were eligible because a steel company took actions that changed the strike to a lockout.
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March 06, 2025
UK Authorities Clear Amex GBT's $570M CWT Buy
United Kingdom antitrust authorities gave the formal all-clear Thursday to American Express Global Business Travel Inc.'s planned $570 million purchase of CWT Holdings LLC, leaving a Justice Department lawsuit the only hurdle remaining for the corporate travel management services merger.
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March 06, 2025
Trump's Value-Added Tax Focus In Tariff Plan Stirs Angst
President Donald Trump's call to target value-added taxes in his reciprocal tariff plan could distort global supply chains and create additional burdens for U.S. companies, contrary to his stated goals of lowering prices for consumers and boosting business, experts told Law360.
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March 06, 2025
Retiring Mich. Chief Judge Helped Mediate Detroit Bankruptcy
U.S. District Judge Sean F. Cox, the Eastern District of Michigan's chief judge, has informed President Donald Trump he will retire on July 27, according to an update posted on the federal judiciary's website on Thursday.
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March 06, 2025
Trump's Labor Secretary Pick Clears Senate Hurdle
The U.S. Senate agreed Thursday to end debate and move to a vote on President Donald Trump's nominee for labor secretary.
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March 06, 2025
Fed. Circ. Nixes Portion Of VA Rule Authorizing Inspections
A Federal Circuit panel on Thursday axed part of a U.S. Department of Veterans Affairs rule that allowed it to inspect computer hardware and software and even the physical locations that people use to remotely access its electronic benefit management systems.
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March 06, 2025
Dems Intro Their Own Version Of The JUDGES Act
Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.
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March 06, 2025
FDA Nominee Hedges On Job Cuts, Abortion Drug In Hearing
The nominee to lead the U.S. Food and Drug Administration, Dr. Marty Makary, repeatedly hedged about whether he would reconvene a flu vaccine committee, maintain access to the abortion drug mifepristone or control future job cuts during his confirmation hearing in front of a Senate panel on Thursday.
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March 06, 2025
Minn. Tax Court Upholds $1.2M Lake House Value
A Minnesota homeowner's action to lower the $1.2 million tax valuation of his home was rejected by the state tax court, which said he failed to overcome the presumed validity of the assessment.
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March 06, 2025
Senate Panel Backs McKernan For CFPB, 3 Other Trump Picks
A U.S. Senate panel on Thursday advanced President Donald Trump's nomination of Jonathan McKernan to head the Consumer Financial Protection Bureau, setting him up for likely confirmation to the beleaguered agency.
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March 06, 2025
DC Judge Won't Block USAID From Firing Contractors
A D.C. federal judge on Thursday declined to temporarily block the termination of personal services contractors working for the U.S. Agency for International Development, concluding their challenge to the dismantling of the agency is likely ill-suited for federal court.
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March 06, 2025
Trump Administration Ordered To Release Funds To States
A Rhode Island judge on Thursday ordered the Trump administration to stop withholding funds from states, saying an executive order freezing federal grants, loans and other payments approved by Congress "fundamentally undermines" the separation of powers and is causing irreparable harm.
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March 06, 2025
Senate Panel Advances Trump's Pick For DOL Deputy
A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
Utah Poised To Be 1st To Require App Stores To Verify Ages
Utah lawmakers on Wednesday sent to the governor's desk first-of-its-kind legislation that would require app stores such as the ones operated by Apple and Google to verify users' ages and block those who are under 18 from downloading apps or making in-app purchases without parental consent.
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March 05, 2025
DC Circ. Lets Trump Remove Watchdog Chief As Feds Appeal
The D.C. Circuit on Wednesday issued a stay that allows President Donald Trump to fire the head of the Office of Special Counsel while the government appeals a district court order that permanently reinstalled the federal employment watchdog.
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March 05, 2025
NYC Can't Recoup $80M In FEMA Funds From Trump, For Now
A Manhattan federal judge on Wednesday refused to order the Trump administration to immediately return over $80.4 million in funds allocated to New York City to defray the costs of sheltering migrants, after the Biden-era money was clawed back without notice.
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March 05, 2025
Jury Mulling Judge's Murder Trial Hears More Arguments
With jury deliberations in the murder trial of a California judge who fatally shot his wife stretching into their sixth day Wednesday, the presiding judge allowed the prosecution and defense to make additional arguments addressing the jury's question about the willfulness requirement for second-degree murder.
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March 05, 2025
PTAB Bar Urges Congress, Lutnick To Protect USPTO Workers
The PTAB Bar Association is calling on intellectual property leaders in Congress, along with Commerce Secretary Howard Lutnick, to spare the U.S. Patent and Trademark Office from Trump administration initiatives to freeze hiring and require in-person work.
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March 05, 2025
Army To Disinter 19 Students From Boarding School Cemetery
The Office of Army Cemeteries says it will honor the requests of three Oklahoma tribes and disinter the remains of 19 Indigenous children from a cemetery at the site of the former Carlisle Indian Industrial School in Pennsylvania.
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March 05, 2025
Big City Mayors Testify Sanctuary Policies Keep Citizens Safe
The mayors of Boston, Chicago, Denver and New York City were grilled by the House Oversight Committee on Wednesday during a daylong, oft-contentious hearing in which the city leaders were repeatedly interrupted by Republicans as they defended their cities' policies towards immigrants.
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March 05, 2025
MSPB Temporarily Reinstates Fired Agriculture Dept. Workers
The Merit Systems Protection Board stayed the firings of over 5,600 probationary employees of the U.S. Department of Agriculture on Wednesday, ordering the employees back to work while the U.S. Office of the Special Counsel continues investigating whether the dismissals were a prohibited personnel practice.
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March 05, 2025
Arizona's 15-Week Abortion Ban Blocked As Unconstitutional
An Arizona state judge on Wednesday ruled that the state's abortion ban after 15 weeks of pregnancy is "unconstitutional" and cannot be enforced.
Expert Analysis
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Emphasize Social Spaces During RE Project Public Review
As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Preparing For Stricter Anti-Boycott Enforcement Under Trump
Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Drug Price Negotiation Program's Ongoing Impact
More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.