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Public Policy
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April 23, 2025
Conservative Legal Group Sues For Federal Judiciary Records
In its latest federal suit, the Washington-based conservative litigation group America First Legal Foundation has brought a claim against Chief U.S. Justice John Roberts, alleging that records held by the Judicial Conference must be subject to the Freedom of Information Act.
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April 23, 2025
Church Denied Injunction In 'Psychedelic Healing Shack' Suit
A Michigan federal judge won't issue an injunction blocking alleged retaliation against a Detroit church in a suit claiming city officials are targeting their religious practice of using psilocybin, saying the church's leader hasn't shown she's likely to succeed on her claims or face irreparable harm.
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April 23, 2025
6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.
The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.
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April 23, 2025
Ex-Rabobank Exec Seeks $5M To Cover OCC Fight Legal Bill
A former Rabobank chief compliance officer has asked the Ninth Circuit to award her more than $5 million in attorney fees and expenses to cover both her defense of a now-discontinued Office of the Comptroller of the Currency enforcement action and her unsuccessful lawsuit to get the matter expunged.
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April 23, 2025
Genetic Testing Co., Marketer Settle FCA Case For $6M
A genetic testing company, marketing firm, and their top executives have agreed to pay $6 million to resolve the government's allegations that they billed Medicare for unnecessary medical tests, in violation of the False Claims Act.
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April 23, 2025
FCA Suit Over Allergan's Alleged Kickbacks Trimmed
An Illinois federal judge on Wednesday pared down a lawsuit by former Allergan USA pharmaceutical sales reps claiming the company engaged in a scheme to provide kickbacks to doctors in exchange for prescribing more gastrointestinal drugs, saying they largely failed to show enough of a link between the alleged kickbacks and any false claims to the government for prescriptions.
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April 23, 2025
Standing May Doom Academic Groups' Suit Over Removals
A Massachusetts federal judge on Wednesday declined to consider a request by a group of academic organizations to immediately bar the government from deporting students and faculty over pro-Palestinian activity, and hinted that he may dismiss the complaint for lack of standing.
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April 23, 2025
Trump Says 145% Tariffs On China Will Fall Significantly
The U.S.' tariffs on China will end up nowhere near 145%, the current level for most Chinese goods, but they will not go away entirely, President Donald Trump said in the Oval Office.
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April 23, 2025
Feds Ask 1st Circ. To Pause Block On '3rd Country' Removals
The Trump administration has asked the First Circuit to lift an order restricting deportations to countries where migrants have no prior ties and may face safety risks, describing the Massachusetts federal judge's ruling as an "unlawful" overreach.
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April 23, 2025
Algorithm To Detect TM Application Fraud Coming To USPTO
The U.S. Patent and Trademark Office said Wednesday it is developing a fraud detection algorithm to flag suspicious trademark applications, and it aims to reduce the time it takes to start processing filings over the next three years.
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April 23, 2025
Ariz. Bars Property Values Above Local Assessor Valuations
Arizona barred county board rulings in property valuation disputes from exceeding the valuation determined by a local assessor under a bill signed by Gov. Katie Hobbs.
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April 23, 2025
GOP Leader Proposes Modernizing Contractor Rules
U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.
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April 23, 2025
Mo. Counties, State Argue For Cannabis Tax At High Court
A county is a local government and should be allowed to impose a 3% additional sales tax on adult-use cannabis, two counties and the Missouri revenue director told the state Supreme Court.
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April 23, 2025
FCC Seeks Industry Data In Probing T-Mobile, UScellular Deal
The Federal Communications Commission has sought data from more than half a dozen telecom and cable companies as it probes T-Mobile's planned $4.4 billion merger with UScellular's wireless operations.
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April 23, 2025
US Tariffs Will Slow Global Economic Growth, IMF Says
The "abrupt increase" in U.S. tariffs has resulted in countermeasures and uncertainty that will significantly slow global economic growth, according to a report from the International Monetary Fund.
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April 23, 2025
Dems Demand DOJ Explain Marshals Sent To Ex-Official
A group of Democrats are pressing the U.S. Department of Justice for answers on why U.S. marshals were sent to the home of the fired U.S. pardon attorney days before she was to appear before a congressional hearing.
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April 23, 2025
Ex-Chief Of SDNY Fraud Unit Joins Fenwick White Collar Team
The former co-chief of the Southern District of New York's illicit finance and money laundering unit has returned to private practice at Fenwick & West LLP, where the firm said Wednesday he'll focus on white collar crime and fraud matters.
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April 23, 2025
M&A 'Pause' Requires Nimble, Creative Dealmaking
With deals stalling in a market defined by uncertainty, attorneys and the dealmakers they counsel are leaning on creative structures — from earnouts to partial stake sales — to keep transactions alive, according to corporate lawyers advising on major mergers and acquisitions.
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April 23, 2025
Split 4th Circ. Halts Ballot Curing In NC Top Court Race
A split Fourth Circuit panel froze the North Carolina Supreme Court's order requiring the Tar Heel State elections board to start a "curing process" for allegedly deficient ballots in a judicial election that a Republican judge is contesting, agreeing with the incumbent Democratic justice that her constitutional claims must be resolved first.
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April 22, 2025
Fed's Buffer Plan Marks Start Of Stress Test Reform 'Journey'
The Federal Reserve entered a new era last week with a proposal to smooth out fluctuations in a key capital requirement for big banks, making an opening move toward what industry experts see as potentially much bigger stress-testing reforms on the horizon.
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April 22, 2025
International Trade Court Won't Block Tariffs In Small Biz Case
The U.S. Court of International Trade on Tuesday declined to issue a temporary restraining order blocking President Donald Trump's tariffs against a group of five small businesses based in various states, finding that the businesses weren't facing "immediate and irreparable harm" while the court considers their case.
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April 22, 2025
Venezuelan Deportation Ban Extended Amid Due Process Fears
A Manhattan federal judge on Tuesday extended a temporary ban on the deportation of purported Venezuelan gang members targeted for removal by the Trump administration, saying the detainees must be provided with adequate notice and an opportunity to bring a legal challenge against their removals.
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April 22, 2025
ChatGPT Exec Says Google Data Access Could Aid Rival AI
The head of product for OpenAI's ChatGPT vouched Tuesday for the Justice Department's proposal to force Google to produce search data to rivals, telling a D.C. federal judge the suggested remedy for Google's monopolistic conduct could accelerate development of a tool capable of competing directly with Google search.
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April 22, 2025
Trump Appointees Raise Eyebrows At Trans Troop Ban
Despite a panel made mostly of Trump appointees, the D.C. Circuit seemed skeptical Tuesday morning as it heard out the government's argument for why it should be allowed to implement its ban on transgender troops in the military while litigation challenging that policy plays out.
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April 22, 2025
Kan. Tribe Fights Sheriff's Authority In Tribal Jurisdiction Suit
The Prairie Band Potawatomi Nation is disputing a county sheriff's bid in Kansas federal court to toss the Native American tribe's latest complaint in its suit claiming that he has repeatedly overstepped his authority by interfering with activities on reservation land.
Expert Analysis
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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How Lenders Should Prepare For Crypto As Collateral
Amid the administration's desire to position the U.S. as a digital banking leader, lenders should prepare for customers seeking to use cryptocurrency as collateral for financing, consider which rules govern these transactions, and assess their ability to obtain or maintain control of the virtual funds, say attorneys at Frost Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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Calif. May Pick Up The Slack On Foreign Bribery Enforcement
The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.