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Public Policy
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February 05, 2025
6th Circ. Judge Unsure Of Jury Instruction In Bribery Case
A Sixth Circuit judge seemed skeptical Wednesday of the bribery and racketeering conspiracy standards a jury used to convict former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges in connection with the FirstEnergy bailout scandal, suggesting that all campaign contributions could be called bribery.
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February 05, 2025
NJ Supreme Court Will Review Immigrant's Wage Case
The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.
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February 05, 2025
SEC Moves Under Trump Risk 'Chilling' Staff, Grewal Says
The reported scaling-back of the U.S. Securities and Exchange Commission's crypto enforcement unit by the new Republican SEC majority could make staff at the agency more fearful of doing their jobs and put investors in jeopardy, former SEC enforcement director Gurbir Grewal said Wednesday.
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February 05, 2025
Dems Seek Further Review Of Treasury And DOGE
Democrats are not satisfied with the answers they've received from the U.S. Department of Treasury on access granted to Elon Musk's Department of Government Efficiency to the federal payment system and are looking at other avenues to scrutinize his activity.
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February 05, 2025
US Trade Deficit Up To $918B In 2024, Gov't Says
The U.S. trade deficit in goods and services spiked 24% month over month in December to $98.4 billion, the U.S. Census Bureau and the U.S. Bureau of Economic Analysis said Wednesday, leading to the U.S. closing the year with a $918.4 billion deficit.
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
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February 05, 2025
FTC Tries To Plug Holes In Massive Merger Review Overhaul
Antitrust practitioners call it a solution in search of a problem, but the Federal Trade Commission says an imminent overhaul to merger notification requirements will be a worthwhile front-loading of information necessary to plug gaps in its reviews.
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February 05, 2025
As Adams Case Teeters, A DOJ 'Ideal' Hangs In The Balance
The public courtship between New York City Mayor Eric Adams and President Donald Trump is worrying some white collar legal experts, who say that Trump influencing the U.S. Department of Justice to drop Adams' corruption case would depart from over 40 years of policies aimed at keeping politics out of prosecutorial decisions.
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February 05, 2025
GOP Lawmakers Move To Scrap Methane Emissions Fee
Republican lawmakers revived legislation seeking to block implementation of the U.S. Environmental Protection Agency's methane emissions fee, as part of a broader effort to bolster the Trump administration's U.S. energy dominance policy.
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February 05, 2025
Pa. Dept.'s Switch On Abortion Funding Leaves Court Unsure
A Pennsylvania appellate court struggled Wednesday with how to handle a challenge to the state's ban on using Medicaid funding for abortions, after the state's health regulator switched sides to agree with the suing providers and the commonwealth's justices stopped Republican lawmakers from defending the ban.
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February 05, 2025
Cleveland-Cliffs Wants 'Un-American' US Steel Suit Tossed
Cleveland-Cliffs and its CEO have asked a Pennsylvania judge to toss a lawsuit filed against them by Nippon Steel and U.S. Steel, calling the suit "un-American" while claiming that the plaintiffs' "sputtering disapproval" of the defendants' statements doesn't hold up in court.
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February 05, 2025
Meta Can't Ask Mass. AG To Dig Up Docs From State Agencies
The Massachusetts Attorney General's Office is not obligated to search for and turn over documents held by other state agencies that Meta Platforms is seeking in the state's lawsuit alleging Instagram is harming children and teens, a judge ordered.
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February 05, 2025
NY Mayor Adams Can't Get More Indictment Info, Judge Rules
A Manhattan federal judge denied a request from New York City Mayor Eric Adams to get more details about the government's bribery and corruption case against him, saying his indictment suffices for now.
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February 05, 2025
Maryland Judge Blocks Trump Birthright Citizenship Order
A Maryland federal judge on Wednesday issued a nationwide injunction blocking President Donald Trump's executive order ending birthright citizenship.
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February 05, 2025
Lawmakers Vote To Advance Commerce Nominee Lutnick
Senate lawmakers on Wednesday morning voted to advance Wall Street financier Howard Lutnick's nomination as secretary of commerce, moving the Cantor Fitzgerald CEO one step closer to helming the department that oversees international trade, the U.S. Patent and Trademark Office and other agencies.
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February 05, 2025
Women's Soccer League Will Pay $5M To Abused Players
The National Women's Soccer League on Wednesday agreed to a $5 million settlement with a trio of attorneys general that had been investigating the league's widespread mistreatment of its players.
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February 05, 2025
Fired NLRB Member Sues In Test Of President's Power
Fired NLRB member Gwynne Wilcox challenged her removal in federal court Wednesday, arguing in a test of 90-year-old Supreme Court precedent that the National Labor Relations Act blocked her ouster.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
McKesson, Others Beat Indirect Drug Reseller Price-Fix Suit
A Pennsylvania federal judge permanently tossed antitrust claims from indirect generic-drug resellers who alleged distributors like McKesson Corp. and AmerisourceBergen colluded with manufacturers to fix prices of many medications, writing Monday the plaintiffs fail to show the existence of such an agreement between drugmakers and distributors.
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February 04, 2025
Tribe's IHS Debt Suit Cut But Overcollection Claims Remain
A Nebraska federal judge partly tossed a tribe's amended suit challenging the Indian Health Service's contention that it overpaid the tribe by $3.2 million due to an administrative oversight, finding the tribe waited too long to sue, but he allowed claims alleging overcollection of the debt to continue.
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February 04, 2025
Calif. Partly Beats Challenge To Climate Disclosure Laws
A California federal judge has trimmed a lawsuit brought by the U.S. Chamber of Commerce and other business groups over the state's corporate climate disclosure rules, finding the groups failed to state a claim with respect to two causes of action.
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February 04, 2025
Wells Fargo Clears 2 More Consent Orders Amid Rehab Efforts
The Federal Reserve said Tuesday that Wells Fargo & Co. has exited a pair of mortgage-related consent orders from more than a decade ago, another step forward in the banking giant's regulatory rehabilitation efforts.
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February 04, 2025
Sen. Banking Chair Sets 100-Day Dash For Crypto Legislation
Senate Banking Committee Chair Tim Scott, R-S.C., said Tuesday that he intends to pass crypto legislation out of his chamber in the first 100 days of the new administration with the help of a working group composed of committee chairs in both chambers of Congress.
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February 04, 2025
OpenAI Judge Rips Musk's 'Broad' Bid To Block For-Profit
A California federal judge indicated Tuesday she'll likely deny Elon Musk's bid to preliminarily block OpenAI Inc. from transitioning into a for-profit enterprise, criticizing Musk's filings for being vague and broad and saying she'll toss some claims, while adding "something is going to trial in this case."
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February 04, 2025
Baltimore, Advocacy Groups Sue Trump Over Anti-DEI Orders
The city of Baltimore and a coalition of academic and restaurant advocacy groups hit the Trump administration with a suit Monday in Maryland federal court over the president's push to curtail diversity, equity and inclusion programs, saying his executive orders are unlawfully vague and block Congress' constitutional power of the purse.
Expert Analysis
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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Opinion
How Trump Admin Should Address Indian Country Priorities
The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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Preparing For More Limber Federal Supply Chain Oversight
Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.