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Public Policy
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March 24, 2025
Feds Argue That Medicare Extrapolation Audits Are Valid
Humana Inc.'s challenge to a federal rule that revamps how Medicare Advantage organizations are audited would send the government "back to where it started more than six years ago," the U.S. Department of Health and Human Services told a federal court Friday.
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March 24, 2025
Judge Won't Stop Calif. Offshore Lease Fight For Gov't Redo
A California federal judge has refused to pause litigation challenging extensions for offshore oil and gas leases in the area of a 2015 pipeline spill, saying she wasn't convinced that the U.S. Department of the Interior would seriously reconsider its decision.
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March 24, 2025
Judge Blocks Texas A&M's Drag Show Ban, Cites First Amendment
A federal judge in Houston on Monday blocked a Texas A&M University System policy banning drag performances on its campuses, writing that a student group's drag performance is a form of theater that could proceed this week as planned.
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March 24, 2025
Colo. Justices Say ABA Standards Don't Trump State's Rules
The Colorado Supreme Court on Monday affirmed disciplinary sanctions against a lawyer who unloaded expletives at school staff in the presence of his minor client, finding in an opinion that the American Bar Association's standards for lawyer sanctions are "an important guiding authority" but don't override Colorado's own rules.
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March 24, 2025
Judge Slams Pa. County For 'Sneaky' Climate Suit End Run
A Pennsylvania state judge seemed skeptical Monday that Bucks County's Big-Tobacco style lawsuit against oil companies should move forward, calling out the county for what he said was its commissioners' attempt to avoid scrutiny by filing the lawsuit without first providing the public adequate notice.
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March 24, 2025
Conn. Hospital Lacks Justiciability In $8.3M Fight, State Says
A Connecticut state court cannot offer any practical relief to a children's hospital that says the Department of Social Services should have paid it an $8.3 million performance-based bonus for 2022, so a lawsuit that seeks only declaratory rulings should be thrown out, the state said Monday.
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March 24, 2025
DHS Deporting Immigrants To Arbitrary Countries, Suit Says
A group of immigrants have filed a proposed class action in Massachusetts federal court challenging the U.S. Department of Homeland Security's purported policy of deporting noncitizens without warning to countries that are neither their country of origin nor a country where they have status or citizenship.
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March 24, 2025
Trump Proposes 25% Tariff On Venezuelan Oil Buyers
President Donald Trump detailed plans Monday on his social media platform to set a 25% tariff on any country purchasing Venezuelan oil, later clarifying in a White House press appearance that those levees would come on top of any existing tariffs.
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March 24, 2025
Groups Press DC Judge To Unfreeze EPA Climate Funds
Three nonprofits awarded billions of dollars under climate change investment initiatives established under the Inflation Reduction Act have asked a federal judge to restore their access to grant funds that they claim the Trump administration has unlawfully blocked.
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March 24, 2025
Texas High Court Revives Developer's Floodplain Takings Suit
The Texas Supreme Court has said a developer can again argue at trial court that Houston's new floodplain system thwarted its planned community and amounted to a regulatory taking, even though the ordinance was a valid exercise of police power.
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March 24, 2025
SEC, FINRA Enforcement Heads Say Crypto Still A Focus
Heads of enforcement at the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority indicated Monday the agencies are keeping their eyes on cryptocurrency, even as the former has backed off of various cases and investigations involving crypto.
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March 24, 2025
Feds Accuse Columbia Activist Of Fraud On Green Card App
The Trump administration said Columbia University graduate student and pro-Palestinian activist Mahmoud Khalil, who is facing removal for negatively impacting U.S. foreign policy, is also removable because he concealed prior employment history on his green card application.
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March 24, 2025
Colo. Justices Take Subcontractor's Forfeit For Excess Case
The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.
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March 24, 2025
Deadline In Removal Review Cases Not Rigid, High Court Told
A Jamaican drug dealer ordered deported by U.S. immigration authorities who is seeking shelter in the country for fear of torture back home was joined by the U.S. government on Monday in telling the U.S. Supreme Court that his court challenge to a deportation order was not precluded by federal law, and was timely.
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March 24, 2025
Lawyers Slam Trump Memo On 'Vexatious' Attys
BigLaw attorneys, immigration lawyers and legal advocacy organizations have been quick to blast President Donald Trump for what some of them call an "inexcusable and despicable" memo that is meant to intimidate attorneys out of challenging the administration.
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March 24, 2025
Foley & Lardner Expands State AG Practice With Cozen Trio
Three former state attorneys general who have been practicing from Cozen O'Connor's Washington, D.C., and Denver offices have moved to Foley & Lardner LLP to continue working on a range of matters related to state attorneys general investigations, the latter firm announced Monday.
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March 24, 2025
Schools, Unions Sue To Block Education Dept. Shutdown
Two Massachusetts school districts and a coalition of public employee unions sued in federal court Monday, seeking to block the Trump administration from "dismantling" the U.S. Department of Education.
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March 24, 2025
Comparable Homes Don't Lower Mass. Property's $430K Value
A Massachusetts home will remain valued at $429,500, a state tax panel said in a decision released Monday, rejecting the owner's arguments that the home valuation grew at a higher rate than that of comparable properties.
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March 24, 2025
No Evidence To Lower Home Value, Mass. Panel Says
A Massachusetts panel declined to drop a condominium unit's valuation in a decision released Monday, rejecting the owner's argument that local assessors had increased home valuations in that particular area more than for other homes in the town.
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March 24, 2025
FinCEN Exempts US Businesses From Disclosure Rules
The U.S. Department of the Treasury's financial crimes unit issued interim final rules that exempt domestic businesses from contested reporting regulations, which the department had previously signaled it would narrow to include only foreign companies registered stateside.
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March 24, 2025
NYC Shops' Suit Over Pot Crackdown Tossed
A New York federal judge has thrown out a suit by 27 businesses alleging that New York City violated due process by shutting some of them down as illegal cannabis operations, saying not only did the shops have the opportunity to be heard in an impartial hearing, but several of them were allowed to reopen following those hearings.
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March 24, 2025
NC Justices Back Permit Approval For Disputed Asphalt Plant
North Carolina's highest court reversed a lower court's ruling that a contested permit to build an asphalt plant in Ashe County should not have been issued, ruling that the company looking to develop the facility had properly submitted its application even if it didn't have state approval for the project at the time.
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March 24, 2025
Nadine Menendez Did Senator's 'Dirty Work,' Feds Tell Jury
Nadine Menendez aided her husband Bob Menendez's corruption by acting as "the bribe collector" for payments "too risky" for the New Jersey Democrat to handle himself, a Manhattan federal prosecutor said at the start of her trial Monday.
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March 24, 2025
Minn. County Late To Accept Property Tax Deal, Court Says
An offer to a Minnesota county to settle a tax valuation dispute was not accepted within a reasonable period of time and is not valid, the Minnesota Tax Court said, rejecting the county's request to enforce the agreement.
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March 24, 2025
Paul Weiss Chair Defends Trump Deal Amid Outcry
Paul Weiss Rifkind Wharton & Garrison LLP Chairman Brad Karp explained to the law firm's personnel on Sunday his decision to strike a deal with the Trump administration to avoid retribution related to the firm's selection of clients and DEI practices, a decision that has prompted public outcry among legal industry pundits and firm alumni.
Expert Analysis
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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.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Suggestions For CFTC Enforcement's New Leadership
The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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How Crypto Firms Should Approach Patchwork Of State Laws
The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.