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Public Policy
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June 02, 2025
CFPB, Banks Move In For Kill Of Biden-Era Open Banking Rule
The Consumer Financial Protection Bureau and a coalition of banking trade groups have separately pushed to toss the agency's Biden-era open banking rule, with the CFPB now contending the data-sharing mandate exceeded its legal authority and the banks calling the regime burdensome, irrational and unlawfully vague.
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June 02, 2025
Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told
Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.
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June 02, 2025
Justices Urged To Reject Bid Disputing IRS Crypto Summons
The U.S. Supreme Court should not take up the case of a bitcoin investor who claimed the IRS violated his privacy when it seized his records from the cryptocurrency exchange, the government argued, saying the case is a poor vehicle for addressing concerns about digital-era transactions.
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June 02, 2025
Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool
A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.
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June 02, 2025
Feds To Face Discovery, Trial In Free-Speech Removals Case
A Massachusetts federal judge on Monday denied the Trump administration's bid to foreclose discovery and a July 7 bench trial in a free-speech lawsuit by academic organizations challenging deportations of some of their members apparently based on their pro-Palestinian views.
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June 02, 2025
Third Round Of Fixes Sought In Botched Calif. Bar Exam
The California state bar's committee of bar examiners has approved two additional remedies in an effort to help applicants who failed the troubled February exam, including asking the state Supreme Court to approve a further scoring adjustment that would bring the passing rate up to about 63%.
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June 02, 2025
Feds Want 12½ Years For Ex-Ill. Speaker Convicted Of Bribery
Prosecutors are urging an Illinois federal judge to sentence former state House Speaker Michael Madigan to prison for 12½ years for bribery, conspiracy and fraud, saying his conduct adds "another sordid chapter to Illinois' storied reputation of corruption" while Madigan, armed with more than 200 letters of support, seeks only probation.
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June 02, 2025
Justices Want Gov't View On Duke Energy Monopoly Suit
The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.
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June 02, 2025
Conn. Hospital's $8.3M Bonus Claims Fail, State Says
Connecticut Children's Medical Center Inc. has not provided a sufficient legal basis to pursue two of three claims in a lawsuit alleging that it should have received an $8.3 million performance-based bonus for 2022, the state Department of Social Services said in a motion seeking to nix the counts.
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June 02, 2025
Retired Judges Call Wis. Judge's Prosecution 'Dangerous'
The Trump administration's prosecution of a Wisconsin state judge who refused to help federal agents arrest an immigrant is an "extraordinary and direct assault on the independence of the entire judicial system," according to a bipartisan group of 138 former state and federal judges.
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June 02, 2025
FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told
The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.
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June 02, 2025
Feds Want National Security Atty's Clearance Suit Tossed
The White House told a D.C. federal judge that granting and revoking security clearances is up to the executive branch alone, urging the court to toss national security lawyer Mark S. Zaid's challenge to the stripping of his clearance.
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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.
Expert Analysis
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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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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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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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.