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Compliance
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May 27, 2025
Ruling Tariffs Unlawful Would 'Kneecap' Trump, Gov't Says
A ruling from a D.C. federal judge invalidating the Trump administration's use of the International Emergency Economic Powers Act to impose sweeping global tariffs would "kneecap" the president and cause "diplomatic embarrassment," a government attorney told a Washington, D.C., federal judge in court Tuesday.
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May 27, 2025
CMS Heightens Medicaid Oversight For Immigrant Care
The Centers for Medicare & Medicaid Services on Tuesday said it is ramping up its financial oversight of states to detect misuse of federal Medicaid dollars, telling states it will seek to recoup federal funds spent on nonemergent care for "illegal aliens."
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May 27, 2025
CFPB Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
US Accuses 4 NJ Cities Of Blocking Immigration Enforcement
Four New Jersey cities — Newark, Jersey City, Paterson and Hoboken — are obstructing federal immigration enforcement with their sanctuary policies in violation of the supremacy clause of the U.S. Constitution, the federal government claims in a lawsuit filed in the Garden State.
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May 27, 2025
Texas Legislature Sends THC Ban To Governor's Desk
Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.
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May 27, 2025
Trump's WilmerHale Order Struck Down In Forceful Decision
A D.C. federal judge struck down President Donald Trump's executive order targeting WilmerHale in an impassioned opinion Tuesday, writing that Trump's entire order is unconstitutional, and "to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!"
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May 27, 2025
11th Circ. Won't Revisit FCC Ownership Ruling
The Eleventh Circuit won't take a second whack at its order upholding a Federal Communications Commission finding that Gray Television had broken agency ownership consolidation rules by owning one too many stations in Anchorage, Alaska.
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May 27, 2025
Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction
Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.
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May 27, 2025
Chancery Footnotes Raise Post-SB 21 Stir In Delaware
A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.
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May 27, 2025
CFTC Member Speaks On Agency Exits: 'Not A Great Situation'
Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.
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May 27, 2025
Bankrupt 23andMe To Delist Stock After Regeneron Deal
Bankrupt genetic testing provider 23andMe Inc. said Tuesday it will delist its stock from the Nasdaq exchange, following Regeneron Pharmaceuticals Inc.'s agreement last week to buy the defunct company.
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May 27, 2025
9th Circ. Revives Tribes', Green Groups' Power Line Suit
The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.
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May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case
A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
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May 27, 2025
FCC Mulls Adding Connected Vehicle Tech To Covered List
The Federal Communications Commission is thinking about adding more technologies to the list of those whose components are banned if they come from China or Russia, but it wants to hear what the industry thinks first.
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May 27, 2025
Expert Says DuPont Knew Of PFAS Risk At NJ Site
A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.
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May 27, 2025
DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup
Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.
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May 27, 2025
Davis Polk-Led Stablecoin Giant Circle Eyes $600M IPO
Venture-backed stablecoin issuer Circle Internet Group Inc. on Tuesday launched plans for an estimated $600 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP, rekindling its IPO after a tariff-related pause.
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May 27, 2025
Mass. Pot Regulator Enters Battle Over Town's Hosting Fees
Massachusetts' cannabis regulator is seeking to intervene in a lawsuit brought by a group of marijuana retailers in state court, alleging a town unlawfully pocketed approximately $6 million in community impact fees.
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May 27, 2025
Crypto Exec's IRS Privacy Appeal Tossed By 5th Circ.
A cryptocurrency executive who sought to quash IRS summonses for his bank records must wait at least until the U.S. government decides whether to bring legal proceedings against him before he can appeal a ruling denying his request to block the agency's demands, the Fifth Circuit said Tuesday.
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May 27, 2025
Ferry Cos. Urge Mich. Judge To Block Rate Freeze Ordinance
Ferry service companies that provide transportation into and out of a popular Michigan tourist destination are asking a federal judge to stop the city of Mackinac Island from enforcing an ordinance that the companies say would put the businesses at risk of closing.
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May 27, 2025
Trump Withdraws Biden's NEPA Greenhouse Gas Guidance
The White House Council on Environmental Quality on Tuesday said it's withdrawing 2023 National Environmental Policy Act guidance for federal agencies that are assessing the greenhouse gas and climate change effects of actions, including the approval of infrastructure projects.
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May 27, 2025
Bank Groups Agree To Pause Of Fed Stress Test Suit
Major banking trade groups and the board of governors of the U.S. Federal Reserve System came together to ask an Ohio federal judge to pause their dispute over the board's big bank stress test practices, telling the court that the trade groups' concerns are being addressed.
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May 27, 2025
DC Circ. Backs FERC In NY Grid Upgrade Cost Fight
The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's refusal to allow New York utilities to earn investment returns from grid upgrades, saying the agency reasonably concluded that shifting from the current nonprofit approach was unwarranted.
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May 27, 2025
Wireless Mics Need Fewer Reg Restrictions, FCC Told
A group that advocates for making more spectrum available for wireless microphones has its own ideas about what regulations the Federal Communications Commission should be cutting, starting with two areas it says are hindering the wireless mic industry.
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May 27, 2025
DOJ Pushes Back Against Agri Stats Recusal Bid
The U.S. Department of Justice told a Minnesota federal judge Friday there is no reason to recuse himself from a case accusing Agri Stats of helping meat processors exchange sensitive information because the clerk who allegedly created a conflict is not working on the case.
Expert Analysis
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OCC Patriot Bank Order Spotlights AML Issues For Managers
The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.
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FDIC Shift On ALJs May Show Agencies Meeting New Norms
The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.
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7 Things Employers Should Expect From Trump's OSHA Pick
If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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Avoiding Pitfalls Around New Calif. Commercial Lease Law
A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.