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Public Policy
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April 21, 2025
Ga. Judge Orders DHS To Restore Int'l Students' Legal Status
A Georgia federal judge has ordered the U.S. Department of Homeland Security to restore the legal status of more than 130 current and former international college students who said they faced "devastating immigration outcomes such as detention and deportation" after their files were purged from a federal database.
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April 21, 2025
Academics Say FTC Firings Threaten Fed, Economic Stability
Law and economics professors have told a D.C. federal court that failing to reinstate the recently fired members of the Federal Trade Commission puts the independence of the Federal Reserve System at risk and threatens to hurt the economy.
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April 21, 2025
Judge Says New Transgender Passport Policy Rooted In Bias
A Massachusetts federal judge has ordered the U.S. Department of State to issue or renew passports to six transgender or nonbinary people that reflect their gender identity, saying a new policy requiring the document to bear a person's sex at birth is "based on irrational prejudice toward transgender Americans."
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April 21, 2025
U-Visa Seekers Push For Class Cert. In Processing Delays Suit
U-visa petitioners suing U.S. Citizenship and Immigration Services over alleged unreasonable delays of processing their work authorizations sought class certification Friday, a few months after a Michigan federal judge revived the claims.
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April 21, 2025
Colo. Judge Skeptical She Can't Hear 'Alien Enemies' Case
A Colorado federal judge was dubious on Monday that her court lacks jurisdiction over habeas petitions from two Venezuelan men challenging their potential deportation under the Alien Enemies Act, saying the U.S. Supreme Court's early morning intervention in an "extremely similar" case seems to support extending a block on removing migrants.
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April 21, 2025
Taiwan Installs Tariff Relief Measures For Exporters
Certain Taiwanese businesses that export goods to the U.S. will have access to lower loan interest rates and waived exporter insurance fees if they can show they are heavily impacted by U.S. tariffs, Taiwan's Ministry of Finance said Monday.
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April 21, 2025
US, Italy Say Tech Cos. Must Not Face Discriminatory Taxes
Italy and the U.S. agree that discrimination tech companies face in the form of digital services taxes must end in order to enable investments from those companies, according to a joint statement by Italian Prime Minister Giorgia Meloni and President Donald Trump.
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April 21, 2025
US Asks 4th Circ. To Pause Review Of Corp. Transparency Act
The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
Interior Says Offshore Air Rule Challenge Must Be Nixed
The U.S. Department of the Interior and an oil and gas industry group on Friday said that the agency got it right in 2020 when it abandoned an Obama-era proposal to revise air pollution rules for offshore oil and gas operations.
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April 21, 2025
Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature
Georgia Gov. Brian Kemp put the finishing touches on the state's first civil justice overhaul in two decades Monday, signing into law a pair of Republican-backed tort reform bills designed to tamp down plaintiffs' verdicts and impose new restrictions on third-party litigation funding.
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April 21, 2025
Unions Demand Halt To DOGE's Info Access At DOL, HHS
A D.C. federal judge must block Elon Musk's Department of Government Efficiency from accessing sensitive systems in the U.S. Department of Labor and Department of Health and Human Services, unions argued in a preliminary injunction bid, saying the government's search for "waste, fraud and abuse" doesn't warrant access.
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April 21, 2025
DOJ Defends Wage-Fixing Jury Win From Mistrial Bid
The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.
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April 21, 2025
Advocacy Group Sues DOJ For Docs On Acting DC US Atty
Advocacy group Democracy Forward sued the U.S. Department of Justice on Monday seeking information about Ed Martin, the acting top federal prosecutor in D.C., whose nomination to fill the role permanently is facing pushback in Congress.
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April 21, 2025
Wife Of Ex-Sen. Menendez Convicted On Corruption Charges
A Manhattan federal jury on Monday found Nadine Menendez guilty of aiding in her husband Bob Menendez's corruption by facilitating bribe payments, including a Mercedes-Benz and gold bars, from New Jersey businessmen to the convicted former U.S. senator.
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April 21, 2025
Palin Calls NYT Piece 'Devastating' But Didn't Ask For Fix
Sarah Palin told a federal jury in Manhattan on Monday that she felt devastated and "defenseless" when an allegedly defamatory 2017 editorial appeared in The New York Times erroneously tying her to political violence, but conceded she didn't demand a correction or retraction.
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April 21, 2025
Justices Mull 5th Circ. Redo In ACA Preventive Care Fight
The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
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April 21, 2025
Democrats Seek More Funds To Protect Judges From Threats
Two Democratic lawmakers on Monday asked U.S. Chief Justice John Roberts if more funding is needed to protect federal judges from a spike in physical threats that challenge "the viability of the rule of law itself."
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April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case
Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
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April 21, 2025
GAO Denies Protest Over $30.6M CMS Award
The U.S. Government Accountability Office has affirmed a $30.6 million Centers for Medicare & Medicaid Services award for analytical services, finding no support for a Maryland company's protest asserting that the agency botched its evaluations and held unfair exchanges with the awardee.
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April 21, 2025
Feds Say Expanded Quick Removals Suit Should Be Axed
The Trump administration urged a D.C. federal judge to throw out the American Civil Liberties Union's lawsuit over the government's dramatic expansion of rapid deportations that bypass the immigration court system, saying expedited removal has long been upheld by the courts.
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April 21, 2025
High Court Won't Review University Of Michigan's Gun Ban
The U.S. Supreme Court rejected a challenge to the University of Michigan's campus firearms ban Monday, leaving in place a lower court's ruling that the university is a "sensitive place" that may restrict guns.
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April 21, 2025
Florida Federal Judge To Take Senior Status In August
President Donald Trump is gaining yet another federal judicial vacancy in his adopted state, Florida.
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April 21, 2025
Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute
The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.
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April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.
After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
Expert Analysis
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.