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Public Policy
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April 08, 2025
NY High Court Probes If State Emissions Cap Preempts City's
New York's highest court questioned Tuesday why the state Legislature did not explicitly state that it meant for a 2019 climate law to preempt a law regulating greenhouse gas emissions that New York City passed earlier that year, amid property owners' challenge to the city law.
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April 08, 2025
SEC's Uyeda Urges Review Of Federal-State Oversight Splits
The acting chairman of the U.S. Securities and Exchange Commission on Tuesday called for a reevaluation of the threshold that divides federal and state oversight of investment advisers, saying he wants to better conserve SEC and taxpayer resources by focusing on the largest advisers.
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April 08, 2025
Justices Reshape Terrain For Alien Enemies Act Removals
The U.S. Supreme Court's Monday ruling allowing the Trump administration to resume deportations of alleged gang members under the 1798 Alien Enemies Act has experts relieved that the justices affirmed due process rights, but worried about how and where they will be exercised.
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April 08, 2025
Tulsa County Seeks Quick Win In Tribal Jurisdiction Dispute
Tulsa County is asking an Oklahoma federal court for an early win in a challenge by the Muscogee (Creek) Nation that looks to block the county and its officials from asserting criminal jurisdiction on its reservation, saying the request is an attack on state and federal Supreme Court precedent.
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April 08, 2025
Dems Air Grievances But Advance Telecom Bills At Markup
The House Committee on Energy and Commerce managed to advance about 20 bills Tuesday, most of which dealt with telecom issues, including proposed legislation that would require the FCC to publish lists of licensees with ties to "adversarial" foreign countries and mandate a study on the dangers of foreign-made routers.
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April 08, 2025
Feds Sue Wash. Company Over Barge's $1M Oil Spill Cleanup
The U.S. Department of Justice and the U.S. Coast Guard have sued a Washington state barge owner for allegedly violating federal laws related to an oil spill that the government said cost more than $1 million in salvage and remediation costs.
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April 08, 2025
Fla. Judge Orders Depos In Ex-Rep's Venezuela Lobbying Suit
A Florida state court judge Tuesday ordered parties to depose each other in a lawsuit brought by a former U.S. representative accused of unlawfully lobbying on behalf of Venezuela, denying a request to quash a deposition of a prior business associate who's believed to be helping the federal government.
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April 08, 2025
Medicare Drug Price Plan Tramples Constitution, 3rd Circ. Told
New Jersey federal court rulings preserving the Centers for Medicare & Medicaid Services' ability to negotiate prices with drug companies should be overturned on constitutional grounds, pharmaceutical giants Novo Nordisk and Novartis told the Third Circuit during oral arguments Tuesday.
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April 08, 2025
Whistleblower Suit Must Be Tossed Or Transferred, Pot Co. Says
Jushi Holdings Inc., a retail cannabis company, is urging an Illinois federal court to dismiss or transfer to Florida a former executive's suit alleging that he was fired for attempting to bring facilities into compliance with safety standards.
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April 08, 2025
New Mexico High Court Reaffirms Language Access Rights
The New Mexico Supreme Court on Tuesday reaffirmed its commitment to provide access to language services for non-English speakers, saying an executive order by President Donald Trump designating English as the country's official language doesn't alter the state's law, constitution or legal obligation to its citizens.
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April 08, 2025
Colo. Appeals Court Urged To Toss Transportation Fees
Colorado's 2021 transportation funding law violates the state Taxpayer's Bill of Rights and related provisions, an anti-tax group told an appeals court panel Tuesday, urging it to reverse a district court order that stopped its lawsuit.
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April 08, 2025
DHS Accused Of Illegally Scrapping Foreign Student Records
Three anonymous current and former international students in the U.S. on F-1 visas are suing the U.S. Department of Homeland Security, alleging the agency terminated hundreds of student and exchange visitor information system records, effectively stripping them of their ability to remain in the country without due process.
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April 08, 2025
USTR Tells Senators No Tariff Exclusions On Horizon
U.S. Trade Representative Jamieson Greer said Tuesday during a meeting with the Senate Finance Committee that no new exclusions will be created for President Donald Trump's new worldwide tariffs, as lawmakers stressed the economic panic and pressures constituents are facing as a result.
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April 08, 2025
Trump Wants To Use Firms That Cut Deals For Coal Leases
President Donald Trump said Tuesday that he wants to help coal companies with their leasing matters by proffering the services of BigLaw firms that signed agreements to avoid getting shut out of government work.
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April 08, 2025
Boston Pol To Resign After Admitting Kickback Scheme
A Boston city councilor said Tuesday she will resign from her position, after agreeing to plead guilty to using taxpayer funds in a bonus-kickback scheme that involved a secretive $7,000 cash handoff in a City Hall bathroom.
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April 08, 2025
OCC Says 'Highly Sensitive' Bank Info Accessed In Hack
The Office of the Comptroller of the Currency announced Tuesday that an outside party hacked its email system, with the attack large enough to qualify as a "major information security incident."
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April 08, 2025
Calif. Opposes Bid To Freeze State Corporate Climate Regs
California is opposing a move by the U.S. Chamber of Commerce and other business groups to stop a pair of regulations on corporate climate reporting from going into effect, telling a federal judge that the state is allowed to protect shareholders from potentially deceptive or misleading commercial speech.
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April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court
3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
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April 08, 2025
CFPB Withdraws From MoneyGram Suit, NY AG To Continue
The Consumer Financial Protection Bureau told a New York federal judge that it would like to drop out of its Biden-era enforcement lawsuit against MoneyGram International Inc., a move that would leave behind the New York attorney general as the sole plaintiff in the case.
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April 08, 2025
100 Fannie Mae Workers Fired Over 'Unethical Conduct'
More than 100 Fannie Mae employees have been let go, the government-sponsored enterprise and the U.S. Federal Housing Finance Agency announced Tuesday, citing "unethical conduct" including fraud as the reason for the terminations.
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April 08, 2025
Judge Won't Block IRS' Automatic Denials Of Worker Credits
An Arizona federal judge rejected a request by two tax assistance companies to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, saying the companies, which take a cut of the refunded credits as fees, lack the legally required interest in their clients' refunds.
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April 08, 2025
Key Witness Against Nadine Menendez Grilled Over Past Lies
A corrupt former New Jersey insurance broker testifying against Nadine Menendez during her trial on bribery charges admitted Tuesday to a decade of lying prior to his decision to cooperate against her and her husband, former U.S. Sen. Bob Menendez.
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April 08, 2025
Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data
A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."
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April 08, 2025
2nd Circ. Rejects Biden Diary Thief's Appeal Over Medical Info
The Second Circuit denied an appeal on Tuesday from a woman who pled guilty to stealing a diary belonging to former President Joe Biden's daughter, rejecting her arguments that a judge was wrong to allow a probation officer to disclose her presentencing report and prior medical records to mental health providers without first obtaining consent.
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April 08, 2025
South Korea Readies Steps For Responding To US Tariffs
South Korea will monitor other countries' responses to tariffs, try to negotiate with the U.S. and prepare to roll out measures to shore up its domestic industries in reaction to President Donald Trump's 25% tariffs on goods from the country, its finance ministry said Tuesday.
Expert Analysis
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
IRS Should Revise Overbroad Microcaptive Regs
Rather than seeking to curtail use of congressionally sanctioned microcaptive insurance programs by imposing burdensome disclosure obligations, the Internal Revenue Service should revisit its recently finalized regulations and implement rules tailored to address areas of specific abuse, say attorneys at Zerbe Miller.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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How Citizen Petitions Have Affected Drug Competition
In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.