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Public Policy
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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.
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March 05, 2025
Los Angeles County Sues SoCal Edison Over Eaton Fire
Los Angeles County joined the many dozens suing Southern California Edison over the devastating Eaton Fire on Wednesday, as the most populous county in the United States alleges in its lawsuit that the utility's faulty equipment caused the destructive blaze.
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March 05, 2025
Contractors Claim Constitutional Injury In USAID Cuts
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development insisted before a D.C. federal judge on Wednesday that their challenge to the Trump administration's dismantling of the humanitarian agency differs from another brought by workers employed directly by USAID.
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March 05, 2025
Agri Stats Wants Another Shot At DOJ Specifics
Agri Stats is continuing to ask a Minnesota federal court to force the U.S. Department of Justice to identify specific data fields in the company's industry reports that allegedly allow chicken, pork and turkey producers to exchange competitively sensitive information.
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March 05, 2025
'Hot Damn' To FCC Taking On Pole Cost Fixes, Cable Biz Says
A Republican on the Federal Communications Commission told cable leaders Wednesday it should be a key FCC priority to reform cost sharing rules for upgrading utility poles to accommodate broadband equipment.
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March 05, 2025
FCC Could Weigh Network Options To Back Up GPS
The Federal Communications Commission plans to vote this month on whether to dig deeper into proposals to set aside spectrum for an Earth-based broadband network and backup to the Global Positioning System.
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March 05, 2025
Mining Co. Says Colombia Still Owes On $8.9M Award
A British mining and metals company has brought an $8.9 million arbitral award it won against Colombia following a dispute over nickel mining royalties to federal court in Washington, D.C., arguing that the country has only paid a fraction of the amount due.
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March 05, 2025
Black Colo. Homeowner Joins DOJ's Race Bias Refi Suit
A Denver homeowner joined the federal government in its suit accusing Rocket Mortgage LLC and other parties in Colorado federal court of deliberately undervaluing her home because she's a Black woman.
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March 05, 2025
9th Circ. Upholds Arizona's Wine Retailer Law Challenge
Arizona isn't being discriminatory by requiring companies that want to ship alcohol to people's homes to have a business location in the state, the Ninth Circuit has declared in a split ruling that upheld the state's win against a challenge to the law laying down that mandate.
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March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas
The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
Expert Analysis
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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.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.