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Public Policy
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May 09, 2025
Hold My Gavel: Epic NC Top Court Seat Battle Broke Ground
North Carolina had already cemented itself as the nationwide leader in judicial election result recounts by the time an appellate judge squared off against a state Supreme Court incumbent last year, but experts suspect the epic legal battle that followed the vote may have set another record.
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May 09, 2025
More BigLaw Partners Back Jenner & Block In EO Suit
The number of BigLaw partners publicly backing litigation against the federal government over executive orders targeting firms continues to grow, as a group representing more than 800 partners and members of major U.S. law firms has filed an amicus brief in support of Jenner & Block.
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May 09, 2025
Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles
In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.
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May 09, 2025
Clients Rely On Enviro Attys' Know-How On Rocky Reg Turf
The Trump administration's deregulatory agenda, staff reductions and funding threats are creating instability for industries that rely on environmental permits and communities reliant on pollution protections, leading law firms to dig deeper into their wealth of experience to better advocate for clients.
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May 09, 2025
K&L Gates Adds Public Policy Pair From Arnold & Porter In DC
K&L Gates LLP boosted its office in Washington, D.C., with two former Arnold & Porter Kaye Scholer LLP attorneys with deep experience with public policy matters.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Nonprofits Urge More Money For Judge Security Amid Threats
Good government groups on Friday urged lawmakers to increase judicial security funding amid a wave of violent threats against judges, and to reject proposals that "undercut the judiciary's independence" like stripping judges of contempt powers and the ability to issue national injunctions.
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May 09, 2025
Trump Ousts Library Of Congress Leader
The Trump administration has fired Librarian of Congress Carla Hayden, the first woman and African American to hold the title, informing her in an email that her position was being terminated immediately without providing an explanation.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
McKernan Out As Trump's CFPB Pick, In For Treasury Role
President Donald Trump will pull Jonathan McKernan's nomination to run the Consumer Financial Protection Bureau and tap him instead for a top domestic finance job at the U.S. Treasury Department, a White House official confirmed to Law360 on Friday.
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May 09, 2025
Minn. Court Increases Prior Valuation Of Parking Lot By $900K
The Minnesota Tax Court increased the market valuation of a parking lot by $900,000 after reopening the record and adjusting the reversion rate to reflect the record, resulting in a slightly higher valuation.
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May 09, 2025
Former Executive Of Car Dealer Group Can't Duck FTC Suit
An Illinois federal judge has refused to toss a lawsuit brought by the Federal Trade Commission and the state of Illinois over claims that a former executive of a car dealership group oversaw deceptive trade practices that defrauded thousands of customers, saying he was unconvinced by the "underdeveloped and scattershot" arguments for dismissal.
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May 09, 2025
NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption
The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."
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May 09, 2025
Tufts Student Wins Bail As Judge Cites Free-Speech Concerns
A Vermont federal judge on Friday ordered the immediate release of a Tufts University doctoral student taken into custody outside her home in March by Immigration and Customs Enforcement, saying Rümeysa Öztürk had raised "very substantial claims of due process and First Amendment violations" by the government.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
CFPB's Vought Set To Ditch Dozens Of Guidance Docs
The Consumer Financial Protection Bureau's acting Director Russell Vought is withdrawing dozens of the agency's interpretive rules, policy statements and other guidance documents dating back to 2011, according to a Federal Register draft notice filed Friday.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
11th Circ. Told Fla. Voter 'Wet Ink Signature' Rule Isn't Legal
Multiple nonprofit organizations urged the Eleventh Circuit on Thursday to reinstate their challenge to Florida's rule requiring a "wet ink signature" on voter registration applications, saying the rule violates federal law and isn't useful in determining who's eligible to cast a ballot.
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May 08, 2025
Trump Can't Do 'End Run' To Stop Funds To Sanctuary Cities
A California federal judge said Thursday he's inclined to issue a clarification to his April 24 preliminary injunction blocking the Trump administration from withholding federal funds from "sanctuary" jurisdictions, saying he doesn't want an executive order President Trump issued April 28 used as an "end run" around it.
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May 08, 2025
Virginia Tribe Challenges Medicaid Suspension Notice
A Virginia tribe is asking a federal court to dismiss a state declaration supporting a notice that its Medicaid payments are suspended in its challenge over unpaid claims, arguing that the official lacks personal knowledge of the dispute and the document was tampered with.
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May 08, 2025
DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight
The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.
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May 08, 2025
OCC Axes Biden-Era Bank Merger Rule In Latest Reversal
The Office of the Comptroller of the Currency moved Thursday to roll back a Biden-era rule intended to dial up its scrutiny of proposed bank mergers, a reversal that comes amid a parallel repeal effort by Republicans in Congress.
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May 08, 2025
Senate Stablecoin Bill Stalls As Dems Pull Support
The Senate's proposal to regulate stablecoins failed a procedural hurdle on Thursday as Democrats pulled their support in hopes to negotiate stronger provisions, while Republican leaders accused holdouts of seeking to deny the Trump administration a bipartisan win around digital assets.
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May 08, 2025
Judge Seems To Favor Susman Godfrey In Trump Challenge
A D.C. federal judge appeared poised Thursday to allow Susman Godfrey LLP's challenge to President Donald Trump's executive order targeting the firm to proceed or to grant the firm a summary judgment win altogether, after she pressed a government attorney on the president's basis for alleging discrimination at the firm.
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May 08, 2025
Ex-Binance CEO Says He's Asked Trump Admin For A Pardon
Binance founder Changpeng Zhao said he has applied for a pardon from the Trump administration in the wake of a four-month prison term he served as part of a historic plea deal over the cryptocurrency exchange's anti-money laundering failures.
Expert Analysis
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Border Cash Transaction Rule Heralds Wider AML Crackdown
The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.
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Opinion
Congress Must Reform The PTAB To Protect Small Innovators
Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.