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Public Policy
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February 12, 2025
Senate Confirms Gabbard As Intelligence Chief
The U.S. Senate on Wednesday confirmed former Democratic Rep. Tulsi Gabbard as the top U.S. intelligence official, over the objections of Democratic lawmakers who argued she lacked the necessary experience and judgment for the role.
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February 12, 2025
Trump's Picks For CFPB, OCC Chiefs Hailed By Industry
President Donald Trump has tapped Jonathan McKernan, formerly of the Federal Deposit Insurance Corp., to lead the Consumer Financial Protection Bureau full time, part of a slate of top financial regulatory nominees that has many in industry breathing a sigh of relief.
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February 12, 2025
EU Parliament Greenlights Changes To Digital VAT Rules
The European Parliament approved a series of changes to the European Union's plans to reform the value-added tax rules of the economic bloc including fully digitalizing VAT reporting, making it harder to dodge the tax in EU jurisdictions, according to a statement Wednesday.
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February 12, 2025
Ga. House Bill Would Exclude Overtime Pay From Income Tax
Georgia would exclude overtime compensation from state income taxes under a bill filed in the state House of Representatives.
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February 12, 2025
Ex-Ill. Speaker Madigan Guilty Of Bribery In Mixed Verdict
A federal jury on Wednesday partially convicted the man who was once the most powerful politician in Illinois on federal corruption charges, finding former Illinois House Speaker Michael Madigan guilty of bribery conspiracy and wire fraud but deadlocking on the government's overarching racketeering charge.
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February 12, 2025
Trump Picks Crypto Policy Advocate Quintenz To Lead CFTC
President Donald Trump has nominated Brian Quintenz, a former member of the U.S. Commodity Futures Trading Commission and current head of policy for venture capital firm a16z's crypto fund, to lead the derivatives market regulator.
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February 12, 2025
8 Ousted Inspectors General Sue Over Firings
Eight inspectors general fired by President Donald Trump sued the administration Wednesday, asking a D.C. federal judge to declare their terminations "legal nullities" and to order their reinstatement.
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February 11, 2025
ABA Calls Trump Admin Out For Questioning Judicial Review
The American Bar Association expressed concerns Tuesday over recent remarks coming out of the Trump administration that raised questions on the judiciary's authority to keep the executive branch's power in check, saying that judicial review was among the "oldest and most revered precedent" in the nation's legal history.
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February 11, 2025
Calif.'s Insurance Safety Net Gets $1B Infusion For Fire Claims
California Insurance Commissioner Ricardo Lara has signed off on $1 billion in additional funding for California's FAIR Plan, the state's insurer of last resort, to ensure the plan can keep paying consumer claims to survivors of the Southern California wildfires, according to an order issued Tuesday.
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February 11, 2025
DOGE, Treasury Accused Of 'Largest' US Data Breach
Elon Musk's Department of Government Efficiency, the U.S. Department of the Treasury and the U.S. Office of Personnel Management conducted the "largest" data and IT security breaches in U.S. history, illegally exposing millions of people's sensitive information, a data privacy watchdog and group of federal employees alleged this week.
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February 11, 2025
Ex-NY Gov. Aide And Husband Deny Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and former Gov. Andrew Cuomo, Linda Sun, and her husband on Tuesday pled not guilty to a superseding indictment that accuses her of secretly acting as an agent of China's government and adds new money laundering charges against her spouse.
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February 11, 2025
CFPB's Closure Not 'A Free Pass' For Financial Compliance
Banks and other consumer lenders shouldn't let their compliance efforts around Consumer Financial Protection Bureau regulations go idle despite the uncertainty caused by the Trump administration's closure of the agency, experts say, as its rules are still on the books and other regulators may pick up the slack.
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February 11, 2025
Split 6th Circ. Backs Ex-Cincinnati Politician's Conviction
A split Sixth Circuit ruled Tuesday that, although a close case, there was enough evidence to convict a former Cincinnati council member of bribery and attempted extortion in connection with a sports betting development project spearheaded by a former Cincinnati Bengals player.
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February 11, 2025
FCC's Subsidy Fund Like 'Bureaucrat's Dream,' Justices Told
A free-market litigation group urged the U.S. Supreme Court on Tuesday to overturn the Federal Communications Commission's fee system to support telecom subsidies, comparing the regime to an out-of-control IRS with unbridled taxing powers.
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February 11, 2025
GOP Reps. Reintroduce Litigation Funding Disclosures Bill
Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.
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February 11, 2025
Kids Can't Save Reworked EPA Climate Suit, Judge Rules
A California federal judge on Tuesday threw out, for good, children's amended allegations that the U.S. Environmental Protection Agency's climate policies violate their constitutional rights, ruling that they haven't shown that the alleged harms they've suffered in the midst of climate change can be traced to the policies.
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February 11, 2025
Billionaire Ira Rennert Says Justices Must Resolve Peru Fight
A mining company controlled by billionaire Ira Rennert has repeated its bid for the U.S. Supreme Court to resolve whether the Eighth Circuit mistakenly denied dismissal of claims by more than 1,000 Peruvians over alleged pollution, saying the circuit court's opinion "distorted" international comity.
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February 11, 2025
Red States Tell 8th Circ. DACA Health Coverage Harms Them
A coalition of 19 Republican-led states has told the Eighth Circuit they can challenge a federal rule expanding Affordable Care Act benefits to Dreamers, citing more than $624,000 in increased costs Idaho, Kentucky and Virginia will incur as a result.
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February 11, 2025
Justices Ponder If Colo. Climate Case Would Open Floodgates
Colorado justices on Tuesday asked a city and county seeking damages against ExxonMobil and Suncor over the local impacts of climate change why such suits don't amount to an attempt to regulate the oil and gas industry, with one justice saying he has "practical concerns" about more municipalities bringing novel climate tort claims.
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February 11, 2025
Crypto Bills A 'Test Case' For AI Regs, GOP Senator Says
A Republican U.S. senator who is leading the push for crypto industry regulation said Tuesday that Congress' actions in the digital asset space could determine whether there is a path forward for writing regulations governing the artificial intelligence industry.
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February 11, 2025
Couple's Chickens Are Pets, Not Poultry, NC Justices Told
A North Carolina couple urged the state's highest court to back a state appeals court's ruling finding their 60-plus chickens are household pets, arguing that a jury was improperly instructed that chickens can't be pets under their neighborhood's restrictive covenant.
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February 11, 2025
5th Circ. Affirms Dismissal Of Jones Act Competition Suit
A Fifth Circuit panel rejected a Houston company's challenge of a U.S. Customs and Border Protection determination regarding the extent to which domestic vessels compliant with the Jones Act must be tapped to haul rock used to protect the foundations of offshore wind facilities.
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February 11, 2025
Fla. Senate Committee Advances Resilient Building Tax Credit
A Florida Senate committee unanimously voted on Tuesday to advance bills to create a resilient building tax credit program, develop guidelines for green and gray infrastructure to address rising sea levels and require public hearings for state park land management plans.
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February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products
Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
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February 11, 2025
NY State Bill Creates New Route To Rent Stabilization
Democratic New York State lawmakers introduced legislation on Tuesday that would create an additional mechanism for municipalities outside of New York City to opt in to rent stabilization, an alternative to the current standard that opponents have seized on in litigation.
Expert Analysis
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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FCA Enforcement Would Make Trump's Tariffs More Effective
In implementing its trade policies, the Trump administration is likely to employ the False Claims Act, a powerful enforcement tool that would give tariffs and customs duties teeth, help raise promised revenue and prevent evaders from gaining a competitive advantage, says Sam Buffone at Buffone Law.
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End-Of-Year FCPA Enforcement Surge Holds Clues For 2025
The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Insights For Finance Firms, Regulators From House AI Report
Though a U.S. House of Representatives report encourages the financial sector to embrace artificial intelligence tools, its focus on ensuring high-quality datasets, transparent development and equitable access underscores that firms and regulators must strike a delicate balance between technological innovation and responsible implementation, says Brendan Palfreyman at Harris Beach.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Inside New Commerce Tech Restrictions: Key Risk Takeaways
While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.