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Public Policy
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March 10, 2025
USCIS To Allow Grace Period For Immigration Form Changes
U.S. Citizenship and Immigration Services said it will provide a grace period before newly revised forms with only male and female gender options go into effect, a day after immigration lawyers filed a lawsuit challenging the abrupt policy change.
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March 10, 2025
Patent Office Solicitor Moves To PTAB Vice Chief Judge Role
Farheena Y. Rasheed, who had been the U.S. Patent and Trademark Office's solicitor since June, has moved to a new role as a Patent Trial and Appeal Board acting vice chief judge, to assist the board as it deals with several vacancies, the office said Monday.
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March 10, 2025
Border Agent Admits To Making Migrants Expose Themselves
A U.S. Customs and Border Protection agent has pled guilty in New York federal court to forcing women to expose their breasts to him during processing as they attempted to enter the country.
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March 10, 2025
Tariff Shifts Creating Compliance Chaos For Energy Cos.
The unpredictability of President Donald Trump's tariff maneuvers is challenging energy companies' ability to comply with fluctuating mandates and making tariff violations more likely.
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March 10, 2025
Paxton Says Ex-Aides Want Excessive Whistleblower Atty Fees
The Texas attorney general's office and four of Ken Paxton's former deputies took jabs at each other over whether a court should hear more evidence in their long-running whistleblower suit, with the office alleging the aides have sought attorney fees outside the scope of the case while the ex-employees say the office "misses the point."
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March 10, 2025
FCC Allows Higher Power Level For SpaceX Mobile Coverage
The Federal Communications Commission relaxed technical limits on SpaceX's new satellite-based backup for T-Mobile service, as long as it controls possible harmful signal interference to other network users.
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March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.
The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
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March 10, 2025
Wash. AG Says Sheriff Is Illegally Aiding Feds On Immigration
Washington's attorney general has accused the sheriff of a rural county of violating a state law that restricts local police agencies from assisting in the enforcement of federal immigration law, saying the sheriff is bolstering President Donald Trump's deportation policies after initially signaling his office would work to comply with state law.
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March 10, 2025
Ontario Slaps Electricity Export Surcharge On NY, Mich., Minn.
New York, Michigan and Minnesota residents receiving electricity from Ontario could face cost increases as a new 25% export surcharge is applied in response to President Donald Trump's 25% tariffs, the province's government announced Monday.
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March 10, 2025
Michigan Told To Take A Stance On Clinic's Gender Policies
A federal judge said Monday that Michigan can't stay mum on whether a religious medical clinic's pronoun, gender transition and faith-based hiring policies violate state law, as the clinic sues to block the law's enforcement.
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March 10, 2025
DOT Pulls Biden Enviro Justice Highway Funding Policy
The U.S. Department of Transportation on Monday rescinded Biden-era memorandums that advised state and local agencies receiving funds from 2021's Bipartisan Infrastructure Law to prioritize highway, road, bridge and other projects that promoted social justice or climate resiliency goals.
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March 10, 2025
Judge May Pause Trump Admin's Cuts To Teacher Training
A Massachusetts federal judge hinted Monday it would be reasonable to order the U.S. Department of Education to temporarily reinstate $250 million in teacher-training grants targeted for cuts by the Trump administration over their ties to diversity, equity and inclusion initiatives.
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March 10, 2025
Judge Tosses Challenge To Chicago Tenant Law
An Illinois federal judge dismissed a Chicago apartment building owner's suit over a local ordinance that requires the owners of foreclosed rental properties to pay qualifying tenants with a one-time relocation fee or offer them a new lease.
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March 10, 2025
Senate Confirms Trump's Labor Secretary Pick
The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.
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March 10, 2025
AFL-CIO, Unions Defend Fight Against DOGE Access
The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.
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March 10, 2025
DOJ Defends Musk's Influence Against States' Challenge
The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.
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March 10, 2025
GOP Sens. Escalate Fight With ABA Over 'Leftist' Statements
A group of Senate Republicans are once again going after the American Bar Association, which they claim has become a "leftist" organization, and announced Monday they will disregard ABA ratings on judicial nominees and encouraged the Trump administration and their colleagues to do the same.
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March 10, 2025
Ga. Judge Rejects 'Futile' Bid To Amend Utility Commish Suit
A Georgia federal judge has refused to revive a lawsuit that challenged the legality of how the state elects members of its utility commission, calling residents' bid to amend the suit — after an initial win was nixed by the Eleventh Circuit — "unduly delayed, inherently prejudicial, and futile."
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March 10, 2025
Trump Asks For Stay Of NLRB Member's Reinstatement
The Trump administration asked the D.C. Circuit on Monday to stay a federal judge's order reinstating fired National Labor Relations Board member Gwynne Wilcox, saying the order steps on the president's authority to control the workings of the executive branch.
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March 10, 2025
Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant
An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.
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March 10, 2025
Tribal Casino Says Sovereign Immunity Sinks 401(k) Fee Suit
A tribal hospitality and casino company said it shouldn't face a proposed class action alleging its 401(k) plan was bogged down by exorbitant costs and underperforming investment options, telling a New York federal court it's immune from the case as an arm of the Oneida Indian Nation.
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March 10, 2025
Feds Sue FDIC For $1.9M For First Republic Tax Bill
The U.S. government sued the Federal Deposit Insurance Corp. in D.C. federal court as receiver for the failed First Republic Bank, alleging the bank understated its withholding tax for U.S.-sourced income of foreigners and now owes almost $2 million to the federal government.
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March 10, 2025
DOJ Accuses Live Nation Of 'Delay Tactics' In Antitrust Suit
U.S. Department of Justice officials have urged a New York federal judge to issue an order compelling Live Nation Entertainment Inc. to produce documents held by several executives, accusing the company of using "delay tactics" in the lawsuit alleging anticompetitive behavior since merging with Ticketmaster Entertainment LLC in 2010.
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March 10, 2025
Treasury's CTA Halt Doesn't Justify Block, Feds Tell 5th Circ.
The U.S. Treasury Department halting enforcement of the Corporate Transparency Act on domestic entities doesn't add justification to a nationwide block on the law because it's a valid exercise of Congress' powers to regulate commerce, taxes, foreign affairs and national security, the U.S. government told the Fifth Circuit.
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March 10, 2025
Trump Says Refugee Groups Can't Challenge Axed Contracts
The Trump administration urged a Washington federal judge to reject resettlement agencies' challenge to its termination of all cooperative agreements with resettlement agencies, saying the federal government has the legal authority to do so without notice if its priorities change.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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How Citizen Petitions Have Affected Drug Competition
In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Suggestions For CFTC Enforcement's New Leadership
The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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How Crypto Firms Should Approach Patchwork Of State Laws
The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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What Trump Actions Mean For Federal Research Funding
New guidance from the National Institutes of Health represents a massive policy shift regarding federal funding for researchers at institutions of higher education, contributing to a perfect storm of significant resource shortfalls in upcoming years, say attorneys at Arnold & Porter.
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Opinion
NFT Bill Needs Refining To Effectively Regulate Digital Assets
A recent bill in the U.S. House proposing to regulate nonfungible tokens as digital assets would leave key concepts undefined until the U.S. comptroller general completes an after-the-fact study of NFTs, showing it needs more work before it is comprehensive enough to meaningfully protect the market, say attorneys at Duane Morris.