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Public Policy
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June 02, 2025
DHS To Waive Environmental Laws For Border Wall In Arizona
The U.S. Department of Homeland Security on Monday said it will waive a slew of environmental laws to facilitate border wall construction near Yuma, Arizona, an area the government says has a high amount of border crossing and drug trafficking.
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June 02, 2025
Nebraska Tax Commission Upholds Farm's $1.89M Valuation
A Nebraska farm valued at $1.89 million was accurately assessed in line with other agricultural property, the state's Tax Equalization and Review Commission found, rejecting claims by the property owner that it was over-assessed.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
Justices Take Ill. Rep.'s Case Over Extended Ballot Count
The U.S. Supreme Court on Monday agreed to review a split Seventh Circuit panel's decision upholding the dismissal of an Illinois congressman's suit challenging the state's policy of counting ballots for up to 14 days after an election as long as they were postmarked or certified by Election Day.
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June 02, 2025
Immunity Shields Mich. AG From Flint Water Prosecution Suit
A Michigan federal judge has dismissed a wrongful prosecution lawsuit brought by a former aide to ex-Gov. Rick Snyder against the Michigan attorney general and Wayne County prosecutors, ruling that immunity shields the prosecutors from liability over their handling of charges against officials in the aftermath of the Flint water crisis.
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June 02, 2025
Schumer Pledges To Fight GOP's Limits On Court Power
Senate Minority Leader Chuck Schumer, D-N.Y., has vowed to challenge a provision in House Republicans' budget reconciliation package that would curtail courts' ability to issue contempt citations.
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June 02, 2025
US Looks To Dodge Suit Over Gulf Oil Well Risks
The federal government is asking a federal court to toss environmentalists' lawsuit alleging that it's ignoring the fact that owners of retired offshore oil and gas drilling infrastructure are failing to properly shut down the facilities.
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June 02, 2025
Justices Turn Away Constitutional Challenge To FINRA Powers
The U.S. Supreme Court on Monday declined to take up a case calling into question the constitutionality of the in-house disciplinary process used by the Financial Industry Regulatory Authority, rejecting an appeal by a broker-dealer facing expulsion from the industry.
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June 02, 2025
High Court Skips AR-15 Ban Constitutionality For Now
The U.S. Supreme Court declined Monday to weigh in on the debate over whether AR-15s and other semiautomatic rifles are protected under the Second Amendment or potentially subject to state bans because of their military-like capabilities.
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June 02, 2025
Justices Won't Review Ex-Temple Biz Dean's Fraud Conviction
The U.S. Supreme Court on Monday declined to review the fraud conviction of Moshe Porat, the former dean of the Temple University Fox School of Business, who was accused of falsely inflating the school's stats to boost its rankings in U.S. News & World Report.
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May 30, 2025
Split 9th Circ. Won't Unblock Trump's Gov't Overhaul
A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.
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May 30, 2025
Kousisis May Boost Fraud Cases, But Questions Remain
The U.S. Supreme Court's finding that inducing a transaction through lies, even with no intent of economic loss, is a valid basis for a wire fraud conviction opens the door for a wave of aggressive fraud prosecutions, but unanswered questions on issues like materiality may lead the court to again consider reining in the government's power.
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May 30, 2025
'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea
Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.
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May 30, 2025
Broadband Rate Regs Hurt Competition, Report Says
Capping broadband rates for low-income families is a bad idea, according to a new study backed by cable trade group ACA Connects, which found that such caps negatively impacts competition.
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May 30, 2025
Construction Co. Owners Beat Long-Runing Fla. Qui Tam Suit
A Florida federal judge ruled in favor of the owners of a construction company accused of defrauding a program for disadvantaged small businesses in a qui tam, or False Claims Act, lawsuit, saying in her dismissal of the nearly decade-long case that it violates the U.S. Constitution.
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May 30, 2025
No Sanctions For Stamford In Zoning Fight Over Gyms
A Connecticut judge declined to sanction the Stamford Board of Representatives after a real estate company accused it of withholding and destroying documents relevant to their zoning fight, ruling that "the evidence of withheld discovery was equivocal at best."
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May 30, 2025
SEC's Staking Guidance Ignores Court Rulings, Crenshaw Says
The U.S. Securities and Exchange Commission's dismissal of its lawsuit against crypto exchange Binance paved the way for its staff's same-day statement that many "staking" services are no longer subject to agency jurisdiction, according to the SEC's sole Democrat, who criticized the move as conflicting with a pair of court decisions the agency won.
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May 30, 2025
Trump Blames Federalist Society For Trade Court Loss
President Donald Trump blamed his recent, short-lived loss in the U.S. Court of International Trade both on judges he accused of hating him as well as on the Federalist Society — the conservative legal group that helped him with judicial selection during his first term — in a Truth Social post highlighting tensions within the conservative legal and political movements.
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May 30, 2025
GAO Notes Shortfalls In Reevaluation Of Space Command HQ
The U.S. Government Accountability Office said deficiencies continued in the U.S. Air Force's reevaluation of Huntsville, Alabama, as its preferred location for U.S. Space Command headquarters, before the Biden administration ultimately selected Colorado Springs, Colorado, as the agency's permanent location.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Texas Panel Keeps Intact Judge's LGBTQ+ Wedding Challenge
A Texas appeals court, in a Friday opinion, kept intact a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, but left the issue of merits for the trial court to hash out.
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May 30, 2025
Enviro-Focused Community Bank Exits FDIC Consent Orders
The Federal Deposit Insurance Corp. has freed Maryland-based Forbright Bank from the penalty box, terminating a pair of consent orders that had restricted its growth and required anti-money laundering improvements.
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May 30, 2025
Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial
Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.
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May 30, 2025
Governor Wants Input If Dropbox Challenge Is Appealed
Delaware's governor wants to weigh in on a potential Delaware Supreme Court midcase review of a controversial state corporation law overhaul that limits the liability of directors and controlling investors for allegedly self-interested corporate acts.
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May 30, 2025
Court Sinks Iowa Farm's Challenge To 'Swampbuster' Law
An Iowa federal judge has rejected a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas, ruling that the statute passes constitutional muster.
Expert Analysis
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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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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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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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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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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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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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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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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.