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Public Policy
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March 25, 2025
Md. Bank Disputes IRS Denial Of Captive Tax Perk
A Maryland community bank is contesting in the U.S. Tax Court the Internal Revenue Service's decision to scrap two years' worth of tax deductions tied to a reinsurance captive, disputing the agency's findings that the arrangement had no economic purpose other than tax avoidance.
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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March 25, 2025
Calif. Lawmaker Floats NY-Like Internet Pricing Cap
A California Democrat hopes to pass legislation through the state Assembly to put a pricing cap on internet service plans for low-income households in the same way as a New York law that has survived legal challenges.
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March 25, 2025
NC Justices Agree To Hear Traffic Stop Smell Test Appeal
The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.
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March 25, 2025
NM To Approve Turquoise Alerts For Missing Indigenous
New Mexico Gov. Michelle Lujan Grisham is expected to sign into law a bill that will create a new Turquoise Alert System for missing Native Americans that will allow law enforcement to quickly share information through various communications channels.
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March 25, 2025
Judge Questions Gov't Motives Behind Trans Passport Policy
A Massachusetts federal judge on Tuesday appeared skeptical of arguments made by the U.S. Department of Justice that a new policy requiring passports to bear the holder's sex assigned at birth is not intended to target transgender and nonbinary people but rather create uniformity in government records.
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March 25, 2025
Court Tosses Suit Alleging NY Pot Regulations Are Biased
A New York federal judge on Tuesday dismissed an action alleging that the Empire State's cannabis social equity licensure program discriminated against white men.
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March 25, 2025
NJ Says NYC Congestion Pricing Fight Ripe For Decision
The Garden State's legal battle to dismantle New York's congestion pricing program can still advance even while the Metropolitan Transportation Authority fights the federal government's withdrawal of approval for the program in Manhattan federal court, New Jersey's attorneys told a federal judge.
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March 25, 2025
San Diego Airport Authority Backs Alaska Air's DCA Flight Slot
The San Diego County Regional Airport Authority is backing federal transportation regulators' decision to grant Alaska Airlines a slot exemption for long distance flights out of Ronald Reagan Washington National Airport, telling the D.C. Circuit that Alaska's direct flights to San Diego "would produce enormous savings, efficiency, and benefits to the public at large."
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March 25, 2025
Academics Sue To Block Removals Of Pro-Palestine Students
Academic groups filed a lawsuit in Massachusetts federal court on Tuesday seeking to block the Trump administration from targeting noncitizen students and faculty members who attend pro-Palestinian protests with large-scale arrests, detentions and deportations, saying it violates the First Amendment.
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March 25, 2025
NYPD Denied Vax Waiver To Detective, Suit Says
A former New York City Police Department detective has filed a lawsuit against the department and city alleging he was effectively forced out after being denied a religious exemption for the COVID-19 vaccine.
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March 25, 2025
House Panel Split On Independent Contractor, OT Updates
Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.
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March 25, 2025
NJ Casinos Urge 3rd Circ. Not To Revive Room-Pricing Suit
Atlantic City casino-hotel owners have told the Third Circuit a lower court was right to toss a case accusing them of inflating room rates by using the same software to set prices because there's no problem with multiple businesses separately choosing to use the same service.
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March 25, 2025
Feds Say Immigrant Groups Can't Fight Trump Border Closure
The Trump administration has told a D.C. federal judge that immigrant services organizations don't have standing to challenge a presidential proclamation that declared an "invasion" at the southern border and suspended noncitizens' entry and asylum claims.
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March 25, 2025
Judge Temporarily Blocks ICE Detention Of Columbia Student
A Manhattan federal judge on Tuesday ordered U.S. Immigration and Customs Enforcement to temporarily refrain from detaining a 21-year-old Columbia University student and legal permanent resident who says she was targeted for deportation for attending a demonstration against the college's response to protests over the war in Gaza.
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March 25, 2025
No More C-Suite 'Deference' At FTC, Ferguson Says
Federal Trade Commission Chairman Andrew Ferguson took aim Tuesday at previous antitrust enforcers' "hands off" approach, which he said worried too much about stifling Big Tech's momentum and innovation and not enough about the power that online platforms "wielded over our daily lives."
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March 25, 2025
Jenner & Block Latest BigLaw Firm Targeted In Trump Order
President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.
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March 25, 2025
No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears
The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.
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March 25, 2025
Judge Likely To Reinstate $30M Housing Grants Cut By HUD
A Massachusetts federal judge said Tuesday he expects to temporarily revive $30 million in housing anti-discrimination grants slashed by the Trump administration, explaining that his hands are essentially tied by a First Circuit ruling in a separate case reinstating teacher training grants.
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March 25, 2025
Sterlington Adds M&A Expert With 'A-List' Accolades
When Lawrence Waks led the billion-dollar sale of Casamigos Tequila back in 2017, it was a game-changing moment that would reshape his legal career.
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March 25, 2025
Judge Mulls Limits On Columbia Sharing Info With Congress
A Manhattan federal judge on Tuesday considered whether to limit Columbia University's sharing of student records with Congress after students there, including detained activist Mahmoud Khalil, claimed the Trump administration and congressional Republicans want to "punish and suppress" pro-Palestinian views.
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March 25, 2025
A Look At 6 States Tussling Over Tort Reform Legislation
There are six state legislatures, mostly in the South, that are debating whether to install business-friendly tort reform legislation or dismantle medical malpractice guardrails. The bills run the gamut from potential game-changing legislation in Georgia, to efforts in Texas to cap certain types of personal injury damages.
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March 25, 2025
Mich. Residents, Some Claims Cut From Frozen Benefits Case
A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.
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March 25, 2025
Va. Gov. Youngkin Blocks Recreational Cannabis Sales Again
Glenn Youngkin, the Republican governor of Virginia, on Monday once again vetoed lawmaker-approved legislation that would have taxed and regulated the sale of adult-use cannabis.
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March 25, 2025
Florida High Court Forms Group To Examine Judicial Security
The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.
Expert Analysis
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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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.