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Public Policy
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
GOP Judge Too Late To Alter Election Rules, NC Court Told
A Republican judge is trying to retroactively change election rules in North Carolina by asking a trial court to throw out scores of ballots cast in his race for a seat on the state Supreme Court, according to his Democratic challenger and state election officials.
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February 04, 2025
FBI Agents, Workers Sue To Stop Trump's Threatened Purge
FBI staff members filed two suits against the Trump administration on Tuesday in D.C. federal court, seeking to stop the president from compiling a list of agents and employees who worked on investigations into the Jan. 6, 2021, insurrection and his retention and storage of classified documents.
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February 04, 2025
US Drops Out Early From UN Global Tax Convention Talks
The U.S. government will no longer participate in United Nations negotiations aimed at drafting a framework convention on international tax cooperation, intends to reject the outcome and welcomes other countries to join in its opposition, a U.S. diplomat said.
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February 04, 2025
NYC Mayor's Ex-Aide Seeks Wiretap Data As DA Investigates
Defense counsel for the former chief adviser to New York City Mayor Eric Adams on Tuesday pushed state prosecutors to expand access to evidence of alleged bribery tied to ongoing probes.
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February 04, 2025
Pa. Fines Allegheny Co. Contractor For Misclassified Workers
An Allegheny County contractor will pay $144,000 to settle claims from the Pennsylvania Department of Labor and Industry that it had misclassified nearly 200 workers, the department announced Monday.
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February 04, 2025
Doctors Org. Sues Over Health Agency Website Purges
An advocacy organization representing physicians sued the U.S. Office of Personnel Management in D.C. federal court Tuesday after it directed federal agencies to root out references to "gender ideology" on their websites — a move the physicians claim deprives doctors and researchers of needed information.
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February 04, 2025
Pa. Governor Puts Cannabis Legalization In Budget Proposal
Pennsylvania Gov. Josh Shapiro on Tuesday announced a plan to legalize recreational cannabis later this year as part of his budget proposal.
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February 04, 2025
Ex-Fed Adviser Charged With Espionage Called Flight Risk
Prosecutors told a D.C. federal judge on Tuesday that a former senior adviser to the Federal Reserve Board of Governors accused of stealing confidential data for China needs to be detained while he awaits trial due to his ample ability to flee the U.S.
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February 04, 2025
Attys Seek $1.25M From Shuttered Nursing School Settlement
Attorneys with the Connecticut boutique firm Hurwitz Sagarin Slossberg & Knuff LLC are seeking a 25% cut of a $5 million class action settlement for students whose career paths were sent spiraling by for-profit nursing school Stone Academy's sudden shutdown in February 2023.
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February 04, 2025
Holtzman Vogel Adds Election Law Talent In Arizona, Virginia
Holtzman Vogel Baran Torchinsky & Josefiak PLLC has hired six attorneys in offices across the United States, including some based in Arizona and Virginia who focus their practices on election and constitutional law issues.
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February 04, 2025
Trump Taps GOP Senate Staffer For Treasury Bank Policy Role
President Donald Trump on Monday nominated Luke Pettit, a senior adviser to Sen. Bill Hagerty, R-Tenn., and former Federal Reserve policy analyst, to become the U.S. Department of the Treasury's top bank policy official.
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February 04, 2025
Dem School Advocate Says Bias Complaints Led To Firing
The former Massachusetts director of a pair of Democratic educational advocacy groups said she was subjected to retaliatory criticism and then fired after raising concerns about a new CEO's treatment of women and decision to partner with a conservative organization.
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February 04, 2025
China Hits US Energy Goods With Retaliatory Tariffs
China on Tuesday slapped tariffs on U.S. coal, crude oil and liquefied natural gas as part of its retaliation against additional tariffs on Chinese goods imposed by President Donald Trump.
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February 04, 2025
Party-Line Vote Sends Kennedy's HHS Nomination To Senate
Robert F. Kennedy Jr.'s nomination to be the nation's top healthcare official cleared a key confirmation hurdle on Tuesday, setting the stage for the anti-vaccine lawyer and activist to take the helm of the U.S. Department of Health and Human Services.
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
Maryland Kids' Privacy Law Latest To Face Legal Challenge
Tech industry group NetChoice on Monday added to its growing list of lawsuits contesting the constitutionality of kids' online safety laws around the country, filing an action against a recently enacted Maryland law that it claims would force online platforms to act as "a digital speech police."
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February 03, 2025
DOJ Creates Multiagency Task Force Targeting Antisemitism
The U.S. Department of Justice announced Monday that it is putting together a multi-agency task force to investigate and prosecute antisemitic crimes, including harassment in schools and on college grounds, in response an executive order issued last week by President Donald Trump.
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February 03, 2025
Texas' Bid To Launch Stock Exchange Moves Forward
As the owner of the new Texas Stock Exchange LLC gears up to begin trading by next year, capital markets attorneys are closely watching how the company plans to penetrate a market long dominated by two New York-based juggernauts.
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February 03, 2025
Ruling Boosts Claims In Ill. Tribal Casino Row, 7th Circ. Told
A proposed tribal casino in the Illinois city of Waukegan has told the Seventh Circuit that a recent Illinois Supreme Court ruling in a related case shows the city is responsible for a constitutional injury against the casino as it presses a case claiming intentional discrimination.
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February 03, 2025
Canada, Mexico Would Likely Get 'Symbolic' Wins On Tariffs
Canada and Mexico inked deals with the Trump administration on Monday to win a 30-day reprieve on a blanket 25% tariff slated to be imposed on nearly all of their U.S.-bound exports. But if the tariffs are eventually enacted and the United States' North American neighbors seek out relief from international tribunals, experts say Washington would probably lose — but that result probably wouldn't change much.
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February 03, 2025
4th Circ. Won't Block SC Mixed-Use Housing Project
The Fourth Circuit refused to temporarily block the development of a nearly 4,000-acre mixed-use Charleston, South Carolina, development project, ruling that the conservationists challenging the project failed to show that the federal government violated federal law after issuing a Clean Water Act permit for the project.
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February 03, 2025
DOJ's LA Fitness ADA Suit May Be 'Inadequate,' Judge Says
A California federal judge expressed doubts Monday about the U.S. Department of Justice's lawsuit alleging that LA Fitness failed to accommodate patrons with disabilities and said the court so far finds the pleadings to be "inadequate" in arguing there is a "pattern and practice" of discrimination.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
11th Circ. Weighs Future Of SEC's Market Surveillance Tool
The Eleventh Circuit on Monday questioned whether brokerage firms were being unfairly burdened with the cost of building up a U.S. Securities and Exchange surveillance tool known as the consolidated audit trail while appearing unmoved by arguments that the surveillance tool should never have been built.
Expert Analysis
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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Anticipating How GAO Pleading Standards May Shift
The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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2024 Was A Significant Year For HIPAA Compliance
The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.