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Public Policy
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February 14, 2025
FCC Could Pull Equipment OKs For New Dahua US Owner
The Federal Communications Commission is threatening to pull authorizations for a Taiwanese network infrastructure company's U.S. subsidiary, saying the company appears to be selling video surveillance products that are restricted as part of the commission's "covered list" of equipment found to pose a national security risk.
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February 14, 2025
NTSB Probes Faulty Helicopter Data In DC Collision
The National Transportation Safety Board said that the U.S. Army Black Hawk helicopter involved in last month's deadly midair collision over the Potomac River may not have heard crucial instructions from air traffic controllers and may have been getting inaccurate readings from the cockpit's altimeters.
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February 14, 2025
House Dems Amplify ABA Decision On High Court Ethics
Democrats on the House Judiciary Committee's courts panel urged the U.S. Supreme Court on Friday to adopt a binding and enforceable code of ethics after the American Bar Association's policy-making body advocated for such.
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February 14, 2025
Insurer Can Proceed With Miami Retaliation Coverage Dispute
A Florida federal court partially rejected on Friday a magistrate judge's dismissal recommendations in a dispute between the city of Miami and an insurer over coverage for underlying lawsuits that allege political retaliation, allowing the parties to litigate the insurer's potential duty to defend.
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February 14, 2025
House Dems Question Rationale For OSHA Guidance Purge
Democratic members of the House Committee on Education and the Workforce demanded that the U.S. Department of Labor provide details about why certain worker safety documents were removed from the federal government's website, saying some information seems to have been arbitrarily removed because it referenced "diversity" or "gender."
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February 14, 2025
Corporate Transparency Act Vital For Nat'l Security, Circs. Told
A nationwide registry of beneficial ownership information is critical to U.S. foreign policy and national security goals, which makes a law aimed at creating one, the Corporate Transparency Act, a valid exercise of congressional authority, groups told the Fourth and Fifth circuits.
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February 14, 2025
Judge Needs Time To Mull Block On DOGE's Agency Audits
A Washington, D.C., federal judge said he plans to rule "promptly" on a request by worker and consumer advocates to stop the Department of Government Efficiency from accessing three federal agencies' data but couldn't say when following a wide-ranging hearing on the bid.
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February 14, 2025
Drug Costs, State Laws Fuel Push For Fed. Action On PBMs
Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.
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February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms
Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
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February 14, 2025
8 Things Attys Should Know About Conn.'s $55B Budget
Connecticut Gov. Ned Lamont's two-year budget for the years 2026 and 2027 includes drug price limits, an expansion of the state's unfair trade practices act, key changes to hospital ownership laws and slots for 13 new judges.
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February 14, 2025
Enviro Groups Back EPA On Challenged PFAS Superfund Rule
Conservation groups are urging the D.C. Circuit to deny a string of industry challenges to the U.S. Environmental Protection Agency's decision to designate two "forever chemicals" as hazardous substances under the federal government's Superfund law, arguing that they have no merit.
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February 14, 2025
Trump Fires Opening Salvos In Rematch With Sanctuary Cities
Facing dozens of lawsuits looking to check the power of his administration, President Donald Trump has fired back recently with suits targeting so-called sanctuary cities, setting up a legal battle over the federal government's ability to induce state and local cooperation on immigration enforcement.
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February 14, 2025
State Lawmakers Eye Tighter Restrictions On Hemp Products
Legislators in multiple states have introduced legislation aimed at regulating or restricting the manufacture and sale of products containing intoxicating cannabinoids derived or synthesized from federally lawful hemp.
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February 14, 2025
Judge Upholds Pay-For-Delay Ban Law, But Only In Calif.
A California federal judge has upheld part of a new state law that the Association for Accessible Medicines alleged unlawfully restricted "reverse payment" settlements between makers of brand-name and generic drugs, finding that the law's attempt to regulate deals outside of California runs afoul of the Constitution, but is otherwise valid.
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February 14, 2025
Tulsa County 'On Notice' In Jurisdiction Dispute, Suit Says
The Muscogee (Creek) Nation is asking a federal district court to block Tulsa County, Oklahoma, its sheriff and a district attorney from asserting criminal jurisdiction on its reservation, arguing they continue to defy a 2020 Supreme Court ruling that held that they lack such authority.
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February 14, 2025
Texas 911 Agencies Back GPS Alternative At FCC
A coalition of emergency response agencies in Texas is urging the Federal Communications Commission to look beyond traditional GPS technology and explore ways to improve indoor location signaling for emergency calls, supporting a tech company's bid for an exclusive spectrum license to roll out next-generation navigation and positioning technology.
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February 14, 2025
NC Panel Speeds Up Appeal In Contested High Court Race
North Carolina's intermediate appellate court has agreed to expedite an appeal by a Republican judge challenging the validity of tens of thousands of ballots cast in his state Supreme Court race that remains unresolved four months after the election.
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February 14, 2025
House Judiciary Courts Chair Previews 'Rogue' Judges Bill
The chair of the House Judiciary Committee's courts panel is working on legislation to prevent "rogue rulings" by federal judges, which he plans to introduce on Tuesday, following adverse rulings for the Trump administration and Elon Musk's Department of Government Efficiency.
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February 14, 2025
Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills
California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.
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February 14, 2025
Michigan Pot Co. Can't Intervene In Rival's Licensing Suit
A Michigan federal judge won't let a Pontiac cannabis company intervene in a competitor's suit aiming to stop the city from issuing cannabis licenses.
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February 14, 2025
Judges Suggest Withdrawal Was Optional In Dam Permit Spat
D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.
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February 14, 2025
Judge Allows Grower's 4th Amendment Claim In Hemp Crop Suit
A California federal judge has partially reconsidered her prior order denying Kern County and its police officers' bid to dismiss claims by a hemp grower alleging they wrongly bulldozed 500 acres of crops, allowing the company's Fourth Amendment excessive destruction claim to proceed, but dismissing its due process claims.
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February 14, 2025
DC Judge Orders Feds To Restore Foreign Funding
A D.C. federal judge ordered the Trump administration to restore foreign funding in connection with any grants or programs in place before the inauguration, saying aid organizations have made a sufficient showing that the pause threatens their very existence.
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February 14, 2025
Tariffs On Drugs And Chips May Not Bring Makers Stateside
The White House's planned tariffs on semiconductors, computer chips and pharmaceuticals are likely to raise prices for consumers and businesses, but won't necessarily lead to the president's stated goal of growing domestic manufacturing, attorneys and others told Law360.
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February 14, 2025
Ohio Aircraft Parts Co., Workers Indicted Over Russia Exports
An Ohio-based arm of a Russian aircraft parts supplier has been indicted along with three of its employees for allegedly dodging trade restrictions on exporting parts to Russia and Russian airlines without proper permission and licenses from the U.S. Department of Commerce.
Expert Analysis
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.