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Public Policy
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May 05, 2025
Akin Hires Ex-Trump Trade Official From Hogan Lovells
Akin Gump Strauss Hauer & Feld LLP said Monday it has hired the former co-leader of Hogan Lovells' geopolitical risk and national security program, who is bringing perspective from that role and experience navigating international economic issues at the White House to Akin's lobbying and public policy team.
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May 05, 2025
High Court Won't Hear Challenge To Miss. Ban On Pot Ads
The U.S. Supreme Court on Monday rejected an opportunity to hear a First Amendment challenge to Mississippi's policy outlawing medical marijuana advertisements, effectively preserving a circuit court decision that upheld the state's ban.
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May 05, 2025
Supreme Court Won't Review Mass. Wind Farm Permits
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off the Massachusetts coast, rejecting allegations that the go-ahead ignored the risks the project poses to the commercial fishing industry.
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May 02, 2025
Judge Axes Trump's Perkins Order With Shakespearean Flourish
A Washington, D.C., federal judge on Friday struck down as unconstitutional President Donald Trump's retaliatory executive order targeting Perkins Coie LLP, permanently blocking enforcement of the directive and likening the president's action to a Shakespeare character's suggestion that the way to amass power is to "kill all the lawyers."
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May 02, 2025
Fla. Lawmakers Vote To Repeal Law That Limits Death Suits
Florida lawmakers have voted to do away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but an attorney representing healthcare providers says that repealing the law will cause a flood of new lawsuits.
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May 02, 2025
DOJ's Climate Change Suits Test Feds' Powers In State Affairs
The Trump administration's new lawsuits challenging state-level efforts to combat climate change are an unprecedented approach, several environmental attorneys say, and will test the judiciary's view of federal interests in state matters.
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May 02, 2025
9th Circ. Says USFS Must Reassess Wash. Forest Fire Plan
A Ninth Circuit panel partly sided with a conservation group Friday in a challenge of a federal forest restoration project, finding the U.S. Forest Service should've considered the potential impacts of a nearby project that took shape after a 2021 wildfire before approving the proposal.
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May 02, 2025
DC Circ. To Decide If 14 Miles Of Trains Is Too Many
The D.C. Circuit is set to decide whether federal regulators used bad data to approve a $31 billion merger between Canadian Pacific and Kansas City Southern that will see 14 miles of trains running through a set of Chicagoland communities each day.
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
Musk, DOGE, Trump Look To Toss USAID Dismantling Suit
Elon Musk, President Donald Trump, Secretary of State Marco Rubio and others targeted in a lawsuit by U.S. Agency for International Development workers urged a Maryland judge to toss the suit alleging the gutting of the agency is illegal, saying Rubio's appointed role overseeing USAID legitimizes the action.
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May 02, 2025
Dems Urge Fed To Rethink $35B Capital One-Discover Deal
Democratic Sen. Elizabeth Warren of Massachusetts and Rep. Maxine Waters, D-Calif., have formally petitioned the Federal Reserve to pause and revisit its approval of Capital One's $35 billion acquisition of Discover, saying the central bank's analysis of the transaction had glaring gaps that make its conclusion legally unsustainable.
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May 02, 2025
Fla. Says It's Likely To Appeal Block Of Migrant Transport Law
The Florida attorney general indicated Friday that he is likely to appeal an injunction blocking a state law that criminalizes the transportation of immigrants living in the country illegally and asked a Florida federal judge to pause the proceedings until the Eleventh Circuit had looked at the case.
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May 02, 2025
O'Reilly Auto Pregnant Worker Suit Geared Up For Wash. Trial
The Washington State Attorney General's Office may proceed to trial with claims that O'Reilly Auto denied pregnant employees' accommodation requests it was legally required to grant, an Evergreen State judge said Friday, while trimming certain retaliation claims from the suit.
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May 02, 2025
DOJ Says Ill. Law Encroaches On Feds' Immigration Powers
The U.S. Department of Justice has sued Illinois over recently enacted legislation restricting the use of systems such as E-Verify to check prospective workers' employment eligibility, saying the changes impede the federal government's ability to identify unauthorized foreigners.
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May 02, 2025
DOGE Takes Social Security Data Access Fight To High Court
The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.
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May 02, 2025
Mozilla Says Google Search Remedies Are Major Threat
A Mozilla executive told a D.C. federal court on Friday that preventing Google from sharing revenue from its search ads would eliminate the nonprofit browser developer's primary source of income.
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May 02, 2025
Judge Blocks Feds' Appeal In Khalil's Unlawful Detention Suit
A New Jersey federal judge refused to pave the way for the government to appeal his opinion that the court has jurisdiction over Columbia University graduate and pro-Palestinian activist Mahmoud Khalil's lawsuit claiming the Trump administration is unlawfully detaining him for his political views, reasoning that he issued an opinion, not an appealable order.
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May 02, 2025
Nevada Takes Another Step Toward Business Court Stand-Up
Nevada's Assembly has made another move to position state courts to handle corporate and commercial law disputes, with the first-step passage of a bill that would make judges, rather than juries, the triers of fact for fiduciary duty breaches or suits brought in a company name, among other matters.
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Texas-Led AGs Defend BlackRock Coal Investments Suit
A coalition of Republican states led by Texas are arguing that BlackRock Inc.'s public commitments to reducing its carbon footprint are evidence that it and two other leading asset managers teamed up to suppress the production of coal in the United States, asking a federal judge not to dismiss their case against the firms.
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May 02, 2025
DC Circ. Allows Feds To Halt Funding To Int'l Media Outlets
A D.C. Circuit panel has paused a lower court order that restored federal grant funding to international broadcasters while leaving intact other aspects of a ruling preserving the agency that oversees Voice of America.
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May 02, 2025
A Look At Trump's Pick For The 6th Circuit
President Donald Trump's first judicial nominee, Whitney Hermandorfer, who's been tapped for a seat Democrats tried to fill while Joe Biden was in the White House, has been part of litigation on several politically charged issues due to her job with the Tennessee Attorney General's office.
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May 02, 2025
Trump Proposes Billions In Cuts To EPA State Grant Programs
The U.S. Environmental Protection Agency would lose more than half of its funding compared with 2025 under the 2026 budget request released Friday by the Trump administration, with proposed cuts to drinking water infrastructure grants for states amounting to $2.4 billion.
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May 02, 2025
With Lowell's New Firm, San Juan Bank Appeals NY Fed Loss
Abbe Lowell — the high-profile litigator who on Friday announced he will launch a boutique firm aiming to aid with "politicized investigations" after exiting the partnership of Winston & Strawn LLP — will help handle a Puerto Rico bank's appeal of an order affirming the closure of its Federal Reserve master account by federal regulators.
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May 02, 2025
Civil Rights Groups Told They Can't Block Trump's DEI Orders
A D.C. federal judge declined Friday to block executive orders from President Donald Trump canceling funding for diversity, equity and inclusion programs and contracts, ruling the orders haven't infringed on the missions of the three civil rights groups behind the suit beyond federally funded projects.
Expert Analysis
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.