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Public Policy
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May 21, 2025
Mich. Justices Won't Hear Hotels' Water Rate Appeal
The Michigan Supreme Court on Wednesday declined to review a Michigan town's water and sewer rates, rejecting an appeal from a group of hotels and restaurants that alleged a rate hike was an unconstitutional tax.
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May 21, 2025
Court Won't Revive Mental Health Class Suit Against Fla. Blue
A Florida appeals court Wednesday declined to revive a proposed class suit by state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan that alleging the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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May 21, 2025
School Shooting Victims' Suits Tossed After 6th Circ. Ruling
Lawsuits brought by the families of students who were killed in or affected by the 2021 shooting at an Oxford, Michigan, high school have been dismissed by a federal judge, a few months after the Sixth Circuit determined the school leaders' actions or inactions the morning of the shooting did not increase students' risk of harm.
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May 21, 2025
Pa. Justices To Mull State DOT Liability For Hanging Branches
The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.
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May 21, 2025
Reed Smith Grows In Atlanta With Kilpatrick White Collar Pros
Reed Smith LLP has expanded its Atlanta office with two longtime Kilpatrick Townsend & Stockton LLP partners, including the former co-leader of Kilpatrick's government enforcement and investigations team and head of its white collar and investigations practice, the firm announced Wednesday.
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May 21, 2025
Court Won't Budge On Player's Eligibility Until 6th Circ. Acts
A Tennessee federal judge on Wednesday refused to reconsider a University of Tennessee baseball player's request for an injunction that would pause the NCAA's eligibility restrictions on junior college transfers, saying he will have to wait for a Sixth Circuit decision in a similar antitrust lawsuit.
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May 21, 2025
'Rip And Replace' Likely Done In 1 Year, FCC Says
Telecom carriers will likely be finished with work across the country to remove risky foreign-made equipment from their networks in about a year, the head of the Federal Communications Commission told lawmakers Wednesday.
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May 21, 2025
Democrats Wary of Nominees' Pledge To Honor Court Orders
Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.
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May 21, 2025
NRA Asks Justices To End Fla.'s Age Limit On Gun Sales
The National Rifle Association is taking its fight against Florida's prohibition on gun sales to anyone under 21 up to the U.S. Supreme Court, telling the justices that a circuit split makes the Eleventh Circuit's March decision upholding the ban ripe for review.
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May 21, 2025
DOGE Seeks High Court's Help In Ducking FOIA Discovery
The Department of Government Efficiency asked the U.S. Supreme Court on Wednesday to halt discovery into whether it's an agency subject to Freedom of Information Act requests, arguing a Washington, D.C., federal judge has improperly authorized a "fishing expedition" into the internal workings of a presidential advisory entity.
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May 21, 2025
Cannabis Sellers Win Fight Against Oregon Labor Peace Law
An Oregon federal judge shot down a state law that required cannabis growers to sign agreements with labor unions before they could get licensed to sell, saying the United for Cannabis Workers Act is preempted by the National Labor Relations Act.
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May 21, 2025
NC Panel Sides With County In Builder's Service Fee Spat
North Carolina's intermediate appeals court on Wednesday backed a county's interpretation of an ordinance allowing it to collect water service fees from a homebuilder, reasoning that the builder's residential neighborhood is a "new development" subject to the law.
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May 21, 2025
Trump Can't Fire Privacy Board Democrats, DC Court Says
The Trump administration is not allowed to remove two Democrats from the U.S. Privacy and Civil Liberties Oversight Board, Congress' privacy watchdog over the executive branch's counterterrorism policies, a D.C. federal judge ruled Wednesday.
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May 21, 2025
Device-Maker Who Evaded Tax Gets 2 Years In Prison
A Florida man who sold millions of dollars worth of medical devices that federal prosecutors said were unproven to work was sentenced to two years in prison for evading taxes and ordered to pay $2.3 million in restitution to the Internal Revenue Service.
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May 21, 2025
EU Proposes €2 Handling Fee On Small Import Packages
The European Commission is planning to levy a flat fee of €2 ($2.27) on billions of small packages imported into the European Union, including many Chinese goods, according to the bloc's trade chief.
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May 21, 2025
BREAKING: Judge Finds Gov't Violated Court Order With Removals
A Massachusetts federal judge on Wednesday found that the government violated his order requiring due process protections for deportees facing removal to countries where they have no ties and may face harm, after a group of migrants were flown to South Sudan with just hours' notice.
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May 21, 2025
CFTC Faces Leadership Void As 3rd Commissioner Plans Exit
U.S. Commodity Futures Trading Commission member Kristin Johnson has become the third agency member to announce her upcoming departure within the space of a week, potentially leaving the market regulator with a single voting member as it awaits the appointment of a new chair.
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May 21, 2025
Texas Lawmakers OK More Time To Pay Property Tax Bills
Texas would give some property owners more time to pay their tax bills under legislation approved by state lawmakers and headed to Gov. Greg Abbott.
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May 21, 2025
Lighting Biz Will Pay $300K For Providing Chinese Goods
A Connecticut lighting company and its owner have reached a $300,000 settlement with the U.S. Department of Justice to resolve allegations it sold Chinese-made products to several government agencies in violation of the Buy American Act and the Trade Agreements Act.
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May 21, 2025
Democracy Forward Adds Another Ex-DOJ Hand
Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.
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May 21, 2025
Conn. Public Defender Watchdog Wants Chief's Firing Upheld
Connecticut's Public Defender Services Commission said in a state court brief that it was "significant misconduct," not racial bias, that caused it to fire the chief public defender, arguing the June 2024 firing came after a litany of complaints and a lengthy pattern of wrongdoing.
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May 21, 2025
Nadine Menendez Taps Cozen O'Connor To Fight Conviction
Former Sen. Bob Menendez's wife, Nadine Menendez, has added Cozen O'Connor as co-counsel as she fights to overturn her conviction on bribery charges, according to a filing in New York federal court.
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May 20, 2025
Trump Gets Fla. Judge To Lob China Tariff Suit To Trade Court
A Florida federal judge Tuesday relinquished jurisdiction over five small businesses' lawsuit challenging President Donald Trump's tariffs on Chinese imports, agreeing with Trump that the case fell within the U.S. Court of International Trade's "exclusive jurisdiction."
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May 20, 2025
'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch
The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.
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May 20, 2025
Ex-Emory Prof Says Palestine Support Led To 'Brazen' Ouster
A former professor at Emory University's medical school has sued the university, alleging that she was ousted in 2023 for her social media posts in support of Palestinians, claiming she was the victim of a smear campaign coordinated between the university and outside groups akin to "modern-day McCarthyism."
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors ÃÛÌÒÊÓÆµ State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Expect Eyes On Electronic Devices At US Entry Points
Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.