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Public Policy
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February 20, 2025
HHS Rescinds Guidance On Gender-Affirming Care For Minors
The U.S. Department of Health and Human Services on Thursday rescinded guidance for health plans and insurers on complying with the Affordable Care Act's nondiscrimination provisions with regard to gender-affirming care for minors, which President Donald Trump called on the agency to do in a January executive order.
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February 20, 2025
Venezuelans Fight DHS Decision To End Removal Protections
Department of Homeland Security Secretary Kristi Noem acted unlawfully when she moved to terminate temporary deportation protections for hundreds of thousands of Venezuelans in the U.S. and was driven, at least in part, by racial animus, the National TPS Alliance told a California federal judge.
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February 20, 2025
2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand
Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.
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February 20, 2025
NY Expands Local Power To Give Storm Damage Tax Breaks
New York state expanded municipalities' authority to provide property tax breaks to owners of property damaged by severe storms and other natural disasters by allowing that relief to be granted for small business' property as part of a bill signed by Gov. Kathy Hochul.
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February 20, 2025
Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards
Amid a push by Delaware lawmakers to overhaul the First State's corporation law provisions, the state Senate is seeking recommendations aimed at avoiding "excessive" attorney fee awards in corporate litigation, drawing a mixed reaction from lawyers and a corporate law scholar.
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February 20, 2025
After Trump's Firing Vow, Last Biden US Attys In Fla. Are Out
Just days after President Donald Trump said on social media that he would terminate all remaining U.S. attorneys named by former President Joe Biden, the last two remaining Biden-era U.S. attorneys in Florida are out of their positions.
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February 20, 2025
McConnell Stresses Courts' Role In Retirement Announcement
Longtime Republican Senate leader Mitch McConnell announced Thursday that he will not seek reelection next year and used the occasion to advise against questioning the "fundamental duty" of the courts.
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February 20, 2025
No Deal In Sight For DOJ's Case Against Amex GBT Merger
The Justice Department and American Express Global Business Travel appear unlikely to settle a government challenge to the planned $570 million purchase of CWT, according to a New York federal court filing that came just a day after the transaction got a boost from U.K. authorities.
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February 20, 2025
Conn. Justices Advance Veteran's Disability Case Against City
The Connecticut Supreme Court on Thursday advanced a military veteran's stress-related employment accommodation case against the city of Stamford, saying the city could not immediately challenge a hearing referee's decision to allow a new claim during an early-stage workplace discrimination proceeding.
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February 20, 2025
Home Equity Lender Preys On Consumers, Mass. AG Alleges
Home equity investment company Hometap Equity Partners is violating Massachusetts consumer protection laws by offering what amounts to unregulated versions of reverse mortgages to vulnerable consumers, the state's attorney general charged in a lawsuit filed Wednesday in state court.
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February 20, 2025
Ga. Panel Rips Willis' 'Delay Tactic' Over Trump Case Probe
A Georgia state Senate committee investigating Fulton County District Attorney Fani T. Willis over her prosecution of President Donald Trump in an election interference case has blasted her attempt to dismiss multiple subpoenas against her as a "bald-faced delay tactic."
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February 20, 2025
Last Biden US Atty In Texas Departs After Trump Firing Move
The last remaining U.S. attorney in the Lone Star State appointed by former President Joe Biden left his post after President Donald Trump vowed to terminate all U.S. attorneys appointed by his predecessor.
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February 20, 2025
Senate Confirms Kash Patel As FBI Director 51-49
The Senate voted 51-49 on Thursday to confirm Kash Patel to be the next director of the FBI.
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February 20, 2025
Salon Can't Deduct Product Costs From Pay, Colo. Panel Says
A Colorado Court of Appeals panel on Thursday found a Denver hair salon's agreement with a cosmetologist deducting the cost of hair care products from her pay was improper, finding those expenses were part of the salon's cost of doing business and can't be shifted to employees.
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February 20, 2025
Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal
Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.
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February 20, 2025
Split 4th Circ. Denies Asylum To Salvadoran Couple
The Fourth Circuit denied a Salvadoran couple's petition to overturn an immigration judge's order rejecting their asylum claim, saying they had not shown that the government of El Salvador was unwilling or unable to protect them from the MS-13 street gang.
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February 20, 2025
8th Circ. Revives States' Challenge To EEOC Pregnancy Regs
The Eighth Circuit ruled Thursday that a group of 17 red states have the right to sue the U.S. Equal Employment Opportunity Commission over its finalized Pregnant Workers Fairness Act rule, reviving their challenge to abortion-related components of the regulations.
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February 19, 2025
What To Know About Trump's Likely Pick For USPTO Director
Dilworth Paxson LLP partner John Squires is about to be nominated for director of the U.S. Patent and Trademark Office, about half a dozen sources told Law360 on Tuesday. Here's what you need to know about the attorney who made a name for himself at Goldman Sachs.
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February 19, 2025
'Convict My Ass': Judge Admits Killing Wife In Police Video
Orange County Superior Court Judge Jeffrey Ferguson's trial for allegedly murdering his wife opened Wednesday with shocking video footage of the judge sitting alone, handcuffed in a police station interrogation room, muttering to himself "I killed her. Ladies and gentlemen of the jury, convict my ass. I did it."
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February 19, 2025
Trump Wants Birthright Citizenship EO Enacted Amid Appeal
The Trump administration on Wednesday urged a Massachusetts federal judge to set aside his preliminary injunction blocking the president's executive order limiting birthright citizenship, arguing that the federal government should be permitted to implement it while the First Circuit considers its appeal.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
2nd Circ. Backs Dismissal Of Suit Over Egypt Paper Co. Seizure
The Second Circuit affirmed Wednesday that an Egyptian official has sovereign immunity in a $15.7 million lawsuit filed by the former majority investor in a cardboard and paper company seeking compensation after the company was seized by the Egyptian government in the 1990s.
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February 19, 2025
2nd Circ. Affirms 'Reverse Redlining' Verdict Against Lender
A split Second Circuit panel Wednesday upheld a jury verdict finding Emigrant Mortgage Co. engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, affirming the claims began accruing when the plaintiffs learned they were the victims of discrimination and not when the loans were signed.
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February 19, 2025
Contractors' Group Asks DC Judge To Halt Gutting Of USAID
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development is the latest to ask a federal judge to step in and block the Trump administration's push to gut the agency and its operations.
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February 19, 2025
Judge Probes Vagueness In Suit Over Trump's Anti-DEI Orders
A Baltimore federal judge on Wednesday pressed a U.S. Department of Justice attorney to spell out what would constitute so-called illegal DEI under Trump administration executive orders that aim to root out diversity, equity and inclusion programs in the public and private sectors.
Expert Analysis
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A Look At Drug Price Negotiation Program's Ongoing Impact
More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.