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Public Policy
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February 18, 2025
Wash. AG Targets Alleged 'Probates For Profit' Plot
The Washington State Attorney General's Office has launched a lawsuit in state court over a yearslong "probates for profit" scheme involving a group of people who allegedly commandeered the estates of strangers, sold their homes and walked away with millions of dollars that should have gone to heirs.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule
Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.
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February 18, 2025
Michigan's Top Doc Calls Informed Consent Law 'Cruel'
Michigan's chief medical executive testified that making abortion seekers review parenting information before terminating a pregnancy is manipulative and even harmful during a trial over the viability of several Michigan laws regulating abortion care.
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February 18, 2025
How Ga. Hopes To Leash Injury Suits And Litigation Funders
The opening weeks of Georgia's legislative session have seen Republican lawmakers make their most forceful push in years to overhaul the state's civil justice system, placing premises liability and third-party litigation funding squarely in their crosshairs.
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February 18, 2025
Limited FERC Pipeline Review Makes No Sense, DC Circ. Told
The Federal Energy Regulatory Commission had no evidence to support its finding that the pipeline it chose to review only a 1,000-foot section of would transport only Texas-produced gas, the environmentalists trying to force a review of the full pipeline project told the D.C. Circuit.
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February 18, 2025
Special Counsel Says Justices Can't Review Firing Just Yet
A federal employment watchdog urged the U.S. Supreme Court on Tuesday to deny the Trump administration's bid to undo a freeze of his firing, contending that granting the White House's request would suggest that the president is entitled to a special "rocket docket" in high-stakes emergency litigation.
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February 18, 2025
Judge Says 'Animus' Could Doom Trump Transgender Order
A D.C. federal judge Tuesday hammered government attorneys defending President Donald Trump's executive order ostensibly banning transgender people from serving in the U.S. military, challenging their claims that the order has yet to drive any practical changes when the Defense Department has already "paused" ascensions for trans recruits.
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February 18, 2025
OCC's Hood Eyes Mergers, Fintech In Agenda Preview
The Office of the Comptroller of the Currency's acting chief Rodney Hood on Tuesday pledged efforts to ease regulations for so-called community banks, previewing an agenda that includes making it easier for them to merge and explore financial technology.
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February 18, 2025
IPhone Buyers Can't Get Apple DOJ Docs Before Discovery
Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.
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February 18, 2025
County Opposes Wash. Tribe's Bid To Weigh In On River Fight
A county dike district has opposed a Washington state-based tribe's bid to file a friend of the court brief in the district's suit against a U.S. government biological opinion finding that a proposed tide-gate project endangers salmon, arguing that the tribe doesn't provide a unique perspective.
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February 18, 2025
EPA Gives Congress A Chance To Sink Calif. Auto Waivers
The U.S. Environmental Protection Agency has offered Congress a chance to revoke Biden-era authorizations that allow California to issue its own vehicle emissions standards, something the Golden State said hasn't been done before and has unclear chances of success.
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February 18, 2025
Ousted MSPB Chair Wins Temporary Block Of Her Firing
A D.C. federal judge blocked President Donald Trump from removing the Democratic head of the Merit Systems Protection Board on Tuesday, dealing an initial blow to the administration's argument that limits on the president's power to remove agency officials are unconstitutional.
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February 18, 2025
Judge Probes Unions' Options In Bid To Block Fed. Layoffs
A Washington, D.C., federal judge appeared concerned Tuesday with the havoc the president's downsizing initiatives may wreak on agencies and federal-sector unions but uncertain that those unions can ask the courts to step in.
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February 18, 2025
Lawmakers Say FEMA Must Accept Tribal Fire Declarations
A pair of U.S. senators have reintroduced legislation that would require the Federal Emergency Management Agency to accept requests from tribal governments to receive Fire Management Assistant Grant declarations that would make them eligible for U.S. government resources.
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February 18, 2025
5th Circ. Questions X's Need For Watchdog's Donor Lists
Fifth Circuit judges expressed concern Tuesday that X Corp.'s bid to identify a watchdog's donors could chill free speech, questioning how the information could prove the watchdog published an allegedly false article that caused major advertisers to abandon X.
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February 18, 2025
Mich. Tribe Seeks $1.5M In Atty Fees In Recognition Fight
The Burt Lake Band of Ottawa and Chippewa Indians has asked a District of Columbia federal court for $1.5 million in attorney fees in a dispute over the process of being recognized as a federal tribe, saying the government should pay up after unreasonable delays in issuing a rule that allows tribes that are denied recognition a chance to reapply.
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February 18, 2025
Pa. Justices To Weigh Philly Ban On 3D-Printed Gun Parts
The Pennsylvania Supreme Court will decide whether a state law preempting most local gun restrictions applies to the whole field of firearms regulations, or whether ordinances like Philadelphia's ban on 3D printing gun parts and assembling them are exempted because the parts aren't "firearms" themselves, the court announced Tuesday.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
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February 18, 2025
Trump Issues Order Calling For Expanded IVF Access
President Donald Trump signed an executive order Tuesday giving his administration 90 days to develop policy recommendations designed to protect access to in vitro fertilization and sharply reduce out-of-pocket costs for IVF treatment.
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February 18, 2025
Florida Racial Gerrymandering Suit Can Proceed, Panel Rules
A Florida three-judge panel declined to toss a federal gerrymandering lawsuit against the state's House of Representatives and secretary of state, ruling that a trio of civic groups plausibly alleged that race was a predominant factor motivating the formation of several voting districts.
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February 18, 2025
Howard Lutnick Wins Senate Nod To Lead Commerce Dept.
The Senate voted 51-45 Tuesday evening to confirm longtime Wall Street financier Howard Lutnick to be secretary of the U.S. Department of Commerce.
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February 18, 2025
DEA Skewed Pot Hearings Against Reform, DC Circ. Told
A group of doctors who support easing federal marijuana restrictions told the D.C. Circuit Monday that the U.S. Drug Enforcement Administration stacked the deck against reform when it unilaterally drew up a list of participants allowed to testify at rulemaking hearings.
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February 18, 2025
Developer Sues To Force Fla. Village Into Dispute Resolution
A developer whose plans to build workforce housing in Bal Harbour, Florida, have been thwarted by the upscale village has sued the village, claiming it failed to participate in a dispute resolution proceeding required under a state law allowing property owners to challenge government actions.
Expert Analysis
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.