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Public Policy
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February 14, 2025
Acting NLRB GC Pulls Back Biden-Era Guidance Memos
Acting National Labor Relations Board general counsel William Cowen rescinded a series of memos Friday issued by ousted general counsel Jennifer Abruzzo that laid out her view of federal labor law, setting up a new path for the agency during the Trump administration.
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February 14, 2025
Melgren Takes Senior Status, Opening Kansas Seat For Trump
Chief U.S. District Judge Eric Melgren of the District of Kansas will take senior status later this year, bringing the total of current and upcoming judicial vacancies President Donald Trump has available to fill to 53.
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February 14, 2025
2nd Judge Blocks Trump Trans Health Order, Chides DOJ Atty
A Washington federal judge put a second temporary block on President Donald Trump's executive order targeting funding for gender-affirming care for people younger than 19, at a Seattle hearing where the judge said she was extremely frustrated with a federal government attorney's inability to answer questions about the order's discriminatory impact on transgender youth.
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February 14, 2025
CFPB's Vought Agrees To Pause Layoffs Amid Union Litigation
The Trump administration agreed to a temporary reprieve for the Consumer Financial Protection Bureau, promising to preserve data and hold off for now on any more broad firings of employees pending a challenge by the agency's union.
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February 14, 2025
Trump Illegally Fired FLRA Chair, Suit Says
The former chair of the Federal Labor Relations Authority is the latest government official to sue President Donald Trump, saying in a complaint filed in D.C. federal court that she was fired illegally.
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
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February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts
House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
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February 13, 2025
More CFPB Employees Axed As Union Presses For Injunction
The Trump administration moved late Thursday to slash more of the Consumer Financial Protection Bureau's workforce, initiating another round of layoffs shortly after lawyers for the agency's union petitioned a D.C. federal court for an emergency injunction to prevent it.
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February 13, 2025
9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech
A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.
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February 13, 2025
DeepSeek's Rapid Rise Adds Fuel To AI Policy Push
Chinese startup DeepSeek has made waves globally with an artificial intelligence chatbot app that it claims to have made more efficiently than its competitors, but experts say its quick ascent is likely to accelerate efforts to broadly regulate data privacy and national security risks presented by the emerging technology.
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February 13, 2025
Fed. Unions' New Suit Fights Layoffs, Resignation Incentive
A second group of unions representing federal workers has challenged the Trump administration's attempt to shrink the federal workforce through layoffs and a resignation incentive program, telling a D.C. federal judge that the executive branch's actions violate separation-of-powers principles because Congress largely controls federal agencies.
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February 13, 2025
DOD Says Injunction Isn't Needed In Transgender Ban Suit
The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.
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February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances
Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
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February 13, 2025
Bus Co. Sues NYC For 'Frivolous' Migrant Busing Suit
Roadrunner Charters told the Southern District of New York that New York City's complaint seeking $708 million from it and 16 other charter bus companies for transporting migrants from Texas to New York was "unprecedented and frivolous," and violated its constitutional rights.
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February 13, 2025
Apple Pushes DC Circ. To Intervene In Google Remedies Case
Apple has urged the D.C. Circuit to undo a district court order barring the company from intervening in the U.S. Justice Department's remedies case against Google, arguing it moved with all speed to step in when it saw a government proposal "designed to force Apple to develop its own general search engine."
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February 13, 2025
Tax Atty's Firing Not Due To Husband's Testimony, Judge Says
A man failed to prove that his testimony against a Connecticut Department of Revenue Services official during a state legislative hearing cost his high-level tax attorney wife her job, a federal judge has ruled, issuing a win to two agency leaders.
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February 13, 2025
Senate Dems Say FCC Looking To 'Punish' Broadcasters
A trio of Senate Democrats wrote to Republican leaders on the Federal Communications Commission questioning recent agency decisions they said "appear politically motivated and designed to punish, censor or intimidate" broadcasters.
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February 13, 2025
Ga. Sheriff Must Face $11M Excessive Force Suit, Judge Says
A Georgia federal judge on Thursday refused to dismiss a suit against a county sheriff accused of using excessive force against a man who says he was wrongly arrested for groping the lawman's wife, finding qualified immunity does not apply.
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February 13, 2025
Exec Cops To Conspiring To Overbill Gov't In Station Project
A former executive for a masonry contractor involved in the multimillion-dollar restoration of Philadelphia's historic 30th Street Station has admitted to a scheme that involved bribing an Amtrak employee to overcharge the federal government $2 million for the project, the U.S. Attorney's Office in Philadelphia said Thursday.
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February 13, 2025
Madigan Verdict Caps Stunning Fall For Powerful Chicago Pol
Former Illinois House Speaker Michael Madigan's conviction Wednesday on bribery and wire fraud charges marked a stunning fall from grace for a man who was the longest-serving legislative leader in the country and who wielded considerable influence in the state and the city of Chicago for decades.
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February 13, 2025
USAID Workers Sue Over Legitimacy Of Musk, DOGE Actions
More than two dozen U.S. Agency for International Development workers sued billionaire and Tesla CEO Elon Musk and his Department of Governmental Efficiency on Thursday, arguing that their actions taking control of various federal agencies are unconstitutional.
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February 13, 2025
Wash. Justices Say Cops At Jan. 6 Riot Can't Stay Incognito
The Washington State Supreme Court on Thursday said four Seattle police officers who attended the Jan. 6 "Stop the Steal" mayhem in D.C. can't litigate their privacy claims under John Doe pseudonyms as the justices rejected their claim that their identities should be shielded under the state's public records law.
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February 13, 2025
GOP Lawmakers Seek To Vacate CFPB Overdraft Rule
Top U.S. House and Senate Republicans introduced legislation on Thursday to repeal the Consumer Financial Protection Bureau's $5 overdraft fee rule, a move that could help ensure big banks retain more regulatory flexibility to charge higher amounts.
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February 13, 2025
Boeing, DOJ Want More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.
Expert Analysis
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Birthright Order Denies 14th Amendment's Purpose, Origin
President Trump's executive order ending birthright citizenship invokes logic explicitly rejected by the framers of the 14th Amendment, demonstrating the administration's fundamental misunderstanding of the citizenship clauses' origins, jurisprudence, and impact on how Americans understand equality and national belonging, says Mauni Jalali at Quinn Emanuel.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Perspectives
How High Court May Rule In First Step Act Resentencing Case
U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.