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Public Policy
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March 13, 2025
Law School's Remote Learning Stance Baffles Mich. Judge
A Michigan federal judge said Thursday it "makes no sense" that Wayne State University Law School couldn't allow a student with a disability to attend classes virtually, pressing an attorney for the university as to why the school couldn't do so, considering it had gone fully remote during the COVID-19 pandemic.
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March 13, 2025
Bankers Seek 1-Year Waiver Of TCPA Consent Rule
Banking organizations asked the Federal Communications Commission for a one-year waiver of a consumer consent rule under the Telephone Consumer Protection Act that restricts their ability to make prerecorded calls and texts once consent has been revoked.
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March 13, 2025
$181K Sanctions Against Texas AG-Tied Investor Stand
A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.
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March 13, 2025
NY AG James Pitches Bill To Expand Consumer Protection Law
New York Attorney General Letitia James on Thursday announced legislation that would expand the state's ban on deceptive business practices to also protect against unfair and abusive practices, an idea backed by Biden-era Federal Trade Commission and Consumer Financial Protection Bureau heads.
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March 13, 2025
Experts Sound Alarm Over Law Used To Detain Grad Student
An obscure provision of the Immigration and Nationality Act being invoked to deport Columbia University student activist Mahmoud Khalil was meant to be used sparingly, leading immigration attorneys to question how the Trump administration intends to use it moving forward.
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March 13, 2025
Split 7th Circ. Kills Injunction In Indiana Power Line Dispute
The Seventh Circuit has knocked down an injunction blocking an Indiana right of first refusal law that gives Indiana-based utilities the first shot at securing new transmission project contracts before those from other states.
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March 13, 2025
Calif. AG Appealing State Limits On Pay-For-Delay Ban
California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.
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March 13, 2025
Students' Regalia Rights Bill Heads To New Mexico Governor
A bill aimed at protecting the rights of Native American students to wear tribal regalia at graduation ceremonies in New Mexico is heading toward the governor's desk for approval.
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March 13, 2025
Seminole Say Minn. Order Backs Bid To Nix Gaming Ad Suit
The Seminole Tribe of Florida says a recent federal court order that dismissed a Minnesota casino and horse racetrack operator's claims that tribal entities' Class III gaming operations are illegal supports its bid to nix a proposed class action over allegedly misleading advertisements by its Hard Rock Digital gaming vendor.
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March 13, 2025
Drone-Maker Wants DOD Info On Listing As Chinese Military Co.
Drone manufacturer DJI wants the U.S. Department of Defense to turn over classified information behind the decision to list it as a Chinese military company, claiming the materials are essential for its lawsuit contesting the designation.
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March 13, 2025
Ex-FCC Chief Ajit Pai Named Wireless Group's CEO
President Donald Trump's first Federal Communications Commission chief Ajit Pai, who led the charge to repeal net neutrality during his first term, has been tapped as the new head of wireless trade group CTIA.
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March 13, 2025
Ex-Nebraska Student Says Univ. Sex Bias Led To Expulsion
A former University of Nebraska-Lincoln student sued the school and its officials Wednesday in Nebraska federal court, saying they relied on sex-based stereotypes and biases to expel him from the college after he was accused of sexual assault.
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March 13, 2025
Housing Advocacy Groups Sue Over HUD Grant Cuts
A coalition of advocacy organizations filed a proposed class action in Massachusetts federal court Thursday against the Trump administration over the termination of dozens of grants to programs targeting housing discrimination.
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March 13, 2025
Ga. Judge Slams 'Meaningless' Reading Of Open Records Act
A Georgia appellate judge took his colleagues to task Thursday for not backing a local newspaper publisher's effort to force a city to hand over its police records, writing that a majority opinion that declined to fully resolve the dispute "substitute[s] our policy preferences for the policy choices of the legislature."
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March 13, 2025
FCC Creates New Nat'l Security Arm Focused On China
The Federal Communications Commission will operate a new organization within the agency focused solely on national security, particularly cybersecurity threats emerging from the Chinese government.
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March 13, 2025
Judge Hits 'Reset Button' In 3M, DuPont PFAS Cleanup Case
New Jersey's environmental regulators have tried to force EIDP and DuPont Chemours to begin remediation efforts on "forever chemical" contamination at a former facility in Salem County — which is at the center of ongoing litigation — a move that seemingly undermined a federal judge's authority and put in jeopardy a looming May trial date.
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March 13, 2025
PBMs Tell FTC 5-Month Delay Too Long For In-House Insulin Trial
The nation's "Big Three" pharmacy benefit managers say they want to get to trial in the Federal Trade Commission's administrative suit against them sooner rather than later, arguing that the agency's request for a five-month delay would be too long, but they're open to a three-week postponement.
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March 13, 2025
Pa. Justices Let Convicted Doctor Reapply For License
A former University of Pittsburgh Medical Center radiologist who lost his license for unlawfully prescribing Vicodin can seek reinstatement less than 10 years after his 2019 suspension thanks to a change in state law defining a drug trafficking offense, the Pennsylvania Supreme Court ruled Thursday.
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March 13, 2025
Smartmatic Wants MyPillow CEO Held In Contempt
MyPillow CEO Mike Lindell hasn't paid the sanctions he owes to Smartmatic for filing "frivolous claims" against the voting systems company, Smartmatic told a D.C. federal judge in an effort to hold him in civil contempt.
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March 13, 2025
9th Circ. Ends Idaho Abortion Law Row After Mutual Dismissal
A Ninth Circuit panel has dropped an appeal from Idaho claiming the state's strict abortion ban doesn't conflict with a federal law protecting emergency abortions, after the Trump administration announced its decision to drop the Biden-era legal challenge.
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March 13, 2025
Mich. High Court Unsure Of GOP Role In Poll Worker Parity
Michigan Supreme Court justices mulled whether the Republican Party has standing to seek better representation of its party in the election workforce on Thursday while hinting mootness could present a wrinkle in the two-year-old case.
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March 13, 2025
Judge Tosses Pot Co.'s Challenge To Calif. Labor Peace Law
A California federal judge has dismissed a constitutional challenge to the Golden State's law requiring marijuana businesses to have labor peace agreements, saying that the court could not intervene in the matter because the entire industry is federally illegal.
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March 13, 2025
Who Is FCC Nominee Olivia Trusty? Here's What We Know
Republicans on the five-seat Federal Communications Commission need a critical third vote to push through many of the changes they envision for the nation's telecom policies, and the White House has chosen longtime Capitol Hill aide Olivia Trusty for the role.
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March 13, 2025
Ore. Tribes Challenge Utility's Eminent Domain Bid
An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.
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March 13, 2025
Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit
An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.
Expert Analysis
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Preparing For Stricter Anti-Boycott Enforcement Under Trump
Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Drug Price Negotiation Program's Ongoing Impact
More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.