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Public Policy
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April 21, 2025
5th Circ. Lifts Block On Mississippi Social Media Law
The Fifth Circuit lifted a preliminary injunction on a Mississippi law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, saying that under the U.S. Supreme Court's 2024 decision in Moody, a "more detailed analysis" of the act is required.
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April 21, 2025
CFPB Needs Only 200 Workers, Trump Admin Tells DC Circ.
The Trump administration has told the D.C. Circuit the Consumer Financial Protection Bureau only needs a staff of 200 to fulfill its duties, as the government seeks to resume layoffs at the agency after a federal judge halted the terminations for a second time.
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April 21, 2025
DOJ Pushes Chrome Sale To Solve Google Monopoly
The U.S. Department of Justice sought to shape the future of online search and artificial intelligence chatbots Monday with opening arguments pushing a D.C. federal judge to force Google to sell its Chrome browser and to "disrupt" the billions paid for default search engine status on iPhones, Firefox and more.
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April 21, 2025
'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit
A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.
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April 21, 2025
Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule
Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.
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April 21, 2025
Verizon Fights Telecom Group's Claims Against Frontier Deal
Verizon is telling the Federal Communications Commission not to listen to a telecommunications network industry group's call to tie stronger internet protocol interconnection regulations to Verizon's $20 billion acquisition of Frontier, arguing critics haven't identified any transaction-specific harms stemming from the merger.
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April 21, 2025
NJ Says KalshiEx Can't Rebrand Bets To Dodge Gambling Law
New Jersey regulators fired back at KalshiEx LLC's challenge to the state's block of the platform's sports event contracts, arguing the firm can't sidestep registration under the state's gambling laws "just by offering sports wagers in a different format."
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April 21, 2025
Consumer Groups Say FCC Should Limit Power Co. Calls
Power companies can't call customers about demand management plans just because those customers provided their phone numbers when they signed up for electric service, a coalition of consumer groups told the Federal Communications Commission.
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April 21, 2025
'Corrupt' Ill. Sen. Took Bribes, Jury Told As Trial Wraps
An Illinois state senator accused of agreeing to take personal benefits in exchange for helping a red-light camera company should be convicted of bribery because it's clear he illegally put his political position up for sale in 2019, prosecutors told a federal jury on Monday.
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April 21, 2025
Education Dept. Cuts Have 'Gutted' Bias Probes, Suit Says
A Massachusetts nonprofit sued the U.S. Department of Education in federal court Monday, saying significant cuts to its staff and operations have "gutted" its Office for Civil Rights and left it unable to address thousands of bias complaints.
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April 21, 2025
Wind Farm Co. Asks 10th Circ. To Undo Osage Teardown Order
Enel Green Power North American Inc. is asking the Tenth Circuit to reverse a lower court's $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, arguing that its conclusion of continuing trespass for the retention of backfill rocks is unprecedented and illogical.
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April 21, 2025
FCC Commish Names GOP Strategist New Chief Of Staff
A Republican on the Federal Communications Commission has named a New York GOP strategist and media consultant as his new chief of staff and senior adviser.
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April 21, 2025
Veterans Urge High Court To Ax Time Bar For Compensation
Veterans challenging an appellate court's ruling that a six-year limit applies to their claims for retroactive combat-related special compensation have told the U.S. Supreme Court that Congress's statute authorizing the compensation displaced preexisting settlement mechanisms and their statute of limitations.
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April 21, 2025
Churches Say Nonprofit Politics Ban Violates Speech Rights
A group of churches and Christian advocacy groups asked a Texas federal court Monday to find that a provision of the Internal Revenue Code that prevents tax-exempt nonprofits from endorsing political candidates is unconstitutional because it violates their free speech rights.
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April 21, 2025
Courts Equipped For Frivolous 'Quiet Hour' Suits, FCC Told
Courts can handle a flood of lawsuits claiming that plaintiffs received unwanted late-night phone calls without the Federal Communications Commission stepping in to decide if they're frivolous, consumer groups told the agency.
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April 21, 2025
Offshore Leasing Withdrawal Ruling Not Moot, Court Told
Environmental groups on Friday insisted an Alaska federal judge can reinstate her decision barring the Trump administration from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, blasting the government's contention that the ruling remains moot.
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April 21, 2025
DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule
The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.
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April 21, 2025
Feds Vow To Cut NY Funds If Congestion Pricing Stays On
The U.S. Department of Transportation on Monday amplified threats to pull federal funding for Manhattan roadway projects if congestion pricing continues, saying state officials now have until May 21 to explain why they're flouting a federal directive to halt the "unconscionable" program.
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April 21, 2025
Harvard Sues Trump Admin Over $2B Funding Freeze
Harvard University on Monday hit the Trump administration with a suit in Massachusetts federal court, escalating a high-profile battle after the government slashed more than $2 billion in funding amid allegations the elite school has failed to properly address antisemitism on its campus.
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April 21, 2025
Ga. Judge Orders DHS To Restore Int'l Students' Legal Status
A Georgia federal judge has ordered the U.S. Department of Homeland Security to restore the legal status of more than 130 current and former international college students who said they faced "devastating immigration outcomes such as detention and deportation" after their files were purged from a federal database.
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April 21, 2025
Academics Say FTC Firings Threaten Fed, Economic Stability
Law and economics professors have told a D.C. federal court that failing to reinstate the recently fired members of the Federal Trade Commission puts the independence of the Federal Reserve System at risk and threatens to hurt the economy.
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April 21, 2025
Judge Says New Transgender Passport Policy Rooted In Bias
A Massachusetts federal judge has ordered the U.S. Department of State to issue or renew passports to six transgender or nonbinary people that reflect their gender identity, saying a new policy requiring the document to bear a person's sex at birth is "based on irrational prejudice toward transgender Americans."
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April 21, 2025
U-Visa Seekers Push For Class Cert. In Processing Delays Suit
U-visa petitioners suing U.S. Citizenship and Immigration Services over alleged unreasonable delays of processing their work authorizations sought class certification Friday, a few months after a Michigan federal judge revived the claims.
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April 21, 2025
Colo. Judge Skeptical She Can't Hear 'Alien Enemies' Case
A Colorado federal judge was dubious on Monday that her court lacks jurisdiction over habeas petitions from two Venezuelan men challenging their potential deportation under the Alien Enemies Act, saying the U.S. Supreme Court's early morning intervention in an "extremely similar" case seems to support extending a block on removing migrants.
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April 21, 2025
Taiwan Installs Tariff Relief Measures For Exporters
Certain Taiwanese businesses that export goods to the U.S. will have access to lower loan interest rates and waived exporter insurance fees if they can show they are heavily impacted by U.S. tariffs, Taiwan's Ministry of Finance said Monday.
Expert Analysis
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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.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.