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Public Policy
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March 10, 2025
Justices Seen Resolving Circuit Split Over Med Mal Law
The U.S. Supreme Court said Monday it will decide whether a Delaware medical malpractice statute requiring an expert affidavit can apply in federal court, which experts said will give the justices the opportunity to reassess the so-called Erie doctrine and the relationship between state and federal courts.
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March 10, 2025
EPA Says It Wants To Redo Biden-Era Chemical Risk Rule
The U.S. Environmental Protection Agency on Monday told the D.C. Circuit it wants to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.
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March 10, 2025
Warren Says Defense Nominee Has 'Clear Conflict Of Interest'
Democratic Sen. Elizabeth Warren called out deputy defense secretary nominee Stephen Feinberg on Sunday for a "clear conflict of interest" due to his ties to Ligado Networks, which is suing the federal government for $40 billion, and urged him to agree to recuse himself from any decisions about the company.
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March 10, 2025
Split SEC Pulls Subpoena Authority From Enforcement Head
A divided U.S. Securities and Exchange Commission on Monday withdrew a 15-year-old policy that allowed the director of enforcement to greenlight new investigations and approve the issuance of subpoenas, leaving the decision squarely in the hands of the agency's Republican majority.
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March 10, 2025
ICE Can't Deport Columbia Student Suing Over Campus Arrest
A New York federal judge barred immigration officials Monday from deporting a pro-Palestinian Columbia University graduate student, a day after he sued the Trump administration for allegedly violating his constitutional rights by arresting him outside his on-campus home that he shares with his pregnant wife who is a U.S. citizen.
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March 10, 2025
FCC Chair Suggests YouTube Censors Christian Content
The Federal Communications Commission's new leader wants to know if YouTube and Google have a policy, "secret or otherwise," of discriminating against faith-based programming after receiving a complaint from the network that owns the popular Christian streaming service PureFlix.
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March 10, 2025
Tribal Nations, Students Sue Feds Over School Staffing Cuts
Three tribal nations and five Native American students are asking a D.C. federal court to block a Trump administration executive order calling for large-scale federal workforce reductions, saying the directive devastated operations and undermined Bureau of Indian Education schools across the nation.
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March 10, 2025
Bad Police Work Led To 30-Year Sentence, Conn. Jury Told
A Connecticut man who served 30 years in prison for a murder he did not commit should be compensated because one local police officer failed to disclose key evidence and another sat by as the state police fed facts to an informant, his attorneys told a federal jury Monday afternoon.
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March 10, 2025
OCC Nixes Supervisory Hurdle For Banks' Crypto Biz
The Office of the Comptroller of the Currency has told banks that they no longer need to obtain a nonobjection from the regulator to push forward with crypto plans, reaffirming interpretations issued under the first Trump administration and rescinding a Biden-era supervisory requirement for crypto activities.
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March 10, 2025
Medtronic Compliance Officer's Journey To State Senate Seat
A Medtronic compliance officer is taking on a role making different kinds of policies at the Minnesota State Capitol, following his successful bid for a state senate seat in late January. He told Law360 his compliance background is a natural fit for his new role in the public sector.
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March 10, 2025
EPA Climate Grantee Sues Citibank, Agency Over Frozen Cash
A climate-change-focused nonprofit is accusing Citibank NA and the U.S. Environmental Protection Agency in D.C. federal court of breaching a contract to deliver billions of dollars in grant funding that's been frozen by the Trump administration.
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March 10, 2025
Colo. Justices To Review Insurers' Noncooperation Defense
The Colorado Supreme Court will consider whether a pair of insurance companies can defeat a man's bad-faith lawsuit by arguing his failure to turn over medical information about a surgery before his auto accident breached a contractual duty, according to an order Monday granting two petitions for review.
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March 10, 2025
Advocacy Orgs. Slam FCC's '60 Minutes' Probe As Unfounded
The FCC "has denied requests alleging much worse" than CBS' choice to edit down then-Vice President Kamala Harris' "60 Minutes" interview, says an advocacy group that is asking the agency to kill its probe into whether the network committed "news distortion."
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March 10, 2025
Ski Resort Buy Deemed Illegal In Precedential NY AG Win
New York's attorney general celebrated a precedent-setting antitrust win Monday, faulting a ski mountain operator for buying a rival just to shut it down.
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March 10, 2025
USCIS To Allow Grace Period For Immigration Form Changes
U.S. Citizenship and Immigration Services said it will provide a grace period before newly revised forms with only male and female gender options go into effect, a day after immigration lawyers filed a lawsuit challenging the abrupt policy change.
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March 10, 2025
Patent Office Solicitor Moves To PTAB Vice Chief Judge Role
Farheena Y. Rasheed, who had been the U.S. Patent and Trademark Office's solicitor since June, has moved to a new role as a Patent Trial and Appeal Board acting vice chief judge, to assist the board as it deals with several vacancies, the office said Monday.
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March 10, 2025
Border Agent Admits To Making Migrants Expose Themselves
A U.S. Customs and Border Protection agent has pled guilty in New York federal court to forcing women to expose their breasts to him during processing as they attempted to enter the country.
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March 10, 2025
Tariff Shifts Creating Compliance Chaos For Energy Cos.
The unpredictability of President Donald Trump's tariff maneuvers is challenging energy companies' ability to comply with fluctuating mandates and making tariff violations more likely.
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March 10, 2025
Paxton Says Ex-Aides Want Excessive Whistleblower Atty Fees
The Texas attorney general's office and four of Ken Paxton's former deputies took jabs at each other over whether a court should hear more evidence in their long-running whistleblower suit, with the office alleging the aides have sought attorney fees outside the scope of the case while the ex-employees say the office "misses the point."
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March 10, 2025
FCC Allows Higher Power Level For SpaceX Mobile Coverage
The Federal Communications Commission relaxed technical limits on SpaceX's new satellite-based backup for T-Mobile service, as long as it controls possible harmful signal interference to other network users.
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March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.
The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
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March 10, 2025
Wash. AG Says Sheriff Is Illegally Aiding Feds On Immigration
Washington's attorney general has accused the sheriff of a rural county of violating a state law that restricts local police agencies from assisting in the enforcement of federal immigration law, saying the sheriff is bolstering President Donald Trump's deportation policies after initially signaling his office would work to comply with state law.
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March 10, 2025
Ontario Slaps Electricity Export Surcharge On NY, Mich., Minn.
New York, Michigan and Minnesota residents receiving electricity from Ontario could face cost increases as a new 25% export surcharge is applied in response to President Donald Trump's 25% tariffs, the province's government announced Monday.
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March 10, 2025
Michigan Told To Take A Stance On Clinic's Gender Policies
A federal judge said Monday that Michigan can't stay mum on whether a religious medical clinic's pronoun, gender transition and faith-based hiring policies violate state law, as the clinic sues to block the law's enforcement.
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March 10, 2025
DOT Pulls Biden Enviro Justice Highway Funding Policy
The U.S. Department of Transportation on Monday rescinded Biden-era memorandums that advised state and local agencies receiving funds from 2021's Bipartisan Infrastructure Law to prioritize highway, road, bridge and other projects that promoted social justice or climate resiliency goals.
Expert Analysis
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Birthright Order Denies 14th Amendment's Purpose, Origin
President Trump's executive order ending birthright citizenship invokes logic explicitly rejected by the framers of the 14th Amendment, demonstrating the administration's fundamental misunderstanding of the citizenship clauses' origins, jurisprudence, and impact on how Americans understand equality and national belonging, says Mauni Jalali at Quinn Emanuel.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Perspectives
How High Court May Rule In First Step Act Resentencing Case
U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.