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Public Policy
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April 28, 2025
Justices Open To New Combat Compensation Filing Window
A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.
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April 28, 2025
Judge 'Commandeered' VOA, DC Circ. Told
The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.
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April 28, 2025
Whitmer's Top Court Pick Helps Secure Her Judicial Legacy
Michigan Gov. Gretchen Whitmer made her second appointment to the state's highest court last week, and experts say the Democrat's latest pick locks in a liberal supermajority that is likely to be sympathetic to criminal defendants' rights.
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April 28, 2025
FCC Eyes New Power Limits For NGSO Satellites
The Federal Communications Commission on Monday floated new power limits for nongeostationary orbit satellites in a move the feds say could boost the availability of broadband service beamed from space, and that was requested by SpaceX.
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April 28, 2025
Trump To Target Sanctuary Cities With New Executive Order
President Donald Trump signed an executive order on Monday evening directing the attorney general and secretary of the U.S. Department of Homeland Security to publish a list of sanctuary cities, which are often found in Democratic states, as they "obstruct" the federal immigration efforts, according to the administration.
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April 28, 2025
Board Game Co., 11 Others Say Trump Tariffs Unconstitutional
President Donald Trump's tariffs exceed the constitutional authority of the executive branch, argued 12 American companies, including a manufacturer of tabletop games that are printed in China, urging a federal court to halt them.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
Cannabis Firms Say 'Rogue' CBP Can't Seize State-Legal Pot
A group of cannabis companies are urging a New Mexico federal court not to throw out their suit alleging that U.S. Customs and Border Protection wrongly seized products, money and vehicles at checkpoints, saying the "rogue agency" can't treat marijuana differently than every other federal agency does.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
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April 28, 2025
Unions Tell Judge To Stop DOGE's Federal Personnel Probe
A New York federal judge should block the U.S. Office of Personnel Management from disclosing information about federal employees to Elon Musk's Department of Government Efficiency, three unions argued in an updated injunction request, saying their position is stronger now that the judge denied the government's dismissal bid.
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April 28, 2025
Trump Sued Over 'Unprecedented' NCUA Board Purge
The two Democratic credit union regulators whom President Donald Trump ousted earlier this month from the National Credit Union Administration sued Monday to be reinstated to the agency's board, challenging their terminations as "unprecedented" and unlawful.
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April 28, 2025
Judge Weighs Impact Of Top Court Ruling On DOE Grant Cap
A federal judge hearing a challenge to a Department of Energy grant cap on Monday expressed concerns about the case's potential overlap with a U.S. Supreme Court ruling that cast doubt on a bid to revive federal teacher training grants.
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April 28, 2025
FCC Aims To Fight Robocall Scams With Caller ID Reg
The Federal Communications Commission on Monday proposed new rules to make sure phone networks that haven't adopted internet technology are still authenticating caller ID.
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April 28, 2025
Judge Wants Flight List In '3rd Country' Removal Case
A Massachusetts federal judge on Monday ordered the government to give counsel for a group of deportees challenging their removal to El Salvador the names of everyone else on board at least two flights to that country that occurred after he entered a March order requiring additional due process protections.
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April 28, 2025
Ex-Prison Director, Former Nikki Haley Aide Named SC US Atty
The former director of South Carolina's prison system and onetime chief of staff for ex-Gov. Nikki Haley was sworn in Monday as the state's top federal prosecutor.
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April 28, 2025
Nasdaq Presses SEC To Enact Clearer Digital Asset Rules
Nasdaq is urging the U.S. Securities and Exchange Commission and its sister agency that regulates derivatives to adopt clearer rules governing digital assets, calling for a system that classifies such products into four categories.
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April 28, 2025
EPA Restarts Voluntary Retirement Program
The U.S. Environmental Protection Agency on Monday refreshed its effort to convince employees to take a voluntary retirement package that was rolled out in the early days of the Trump administration but has been dormant until now.
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April 28, 2025
No Harm Shown Over DOGE Access To Tax Data, US Says
The U.S. government asked a D.C. federal court to throw out four organizations' bid to keep the White House's Department of Government Efficiency from accessing confidential taxpayer data, saying their suit fails to show injury to the groups' members.
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April 28, 2025
EPA Touts Intention To Act On PFAS Contamination
The U.S. Environmental Protection Agency on Monday said it's planning a series of actions to address pollution from forever chemicals, including the designation of a leader for PFAS regulation and issues at the EPA.
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April 28, 2025
Pa. County Council Fill-In Sues Over Timing Of Election
One of Allegheny County's two at-large members of the county council says he should be able to fill the full term of the council member he was appointed to replace, given the special way that at-large members of the Pennsylvania county's legislative body are elected.
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April 28, 2025
10th Circ. Says EPA Overlooked Colo. Air Pollution Concerns
The Tenth Circuit on Monday said the U.S. Environmental Protection Agency inappropriately approved changes to Colorado's air pollution standards that a green group claimed allow regulators to disregard emissions during drilling, fracking and well completion processes.
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April 28, 2025
Feds No Longer Want Convicted Ex-Ill. Speaker To Forfeit $3M
The federal government has reversed course on a bid for former Illinois House Speaker Michael Madigan to forfeit more than $3 million in the wake of his partial conviction on public corruption, saying it stands by its legal arguments but was backing off as "a matter of discretion."
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April 28, 2025
Commanders Agree To NFL Stadium Deal, Return To DC
The Washington Commanders will move from their current home in Maryland to a $3 billion stadium at the site of their previous stadium in D.C., team and city officials announced Monday, less than two years after the Commanders were bought by new ownership and less than four months after the federal government transferred control of the site to the city.
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April 28, 2025
Nadine Menendez Seeks Acquittal And Sentencing Delay
Nadine Menendez, the wife of former Sen. Robert Menendez who was convicted on corruption charges, will ask to have her guilty verdict thrown out and is seeking to delay her sentencing, according to a filing from her attorney in Manhattan federal court on Monday.
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April 28, 2025
'Give Me A Break': Judge Questions DOJ On Jenner Order
The Department of Justice on Monday argued for the dismissal of Jenner & Block LLP's lawsuit against the federal government over an executive order targeting the law firm for its selection of clients, with the judge on the case commenting "Give me a break" at one point during the DOJ's turn to speak.
Expert Analysis
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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The Path Forward For Construction Cos. After Calif. Wildfires
The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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SEC Confidential Review Process Provides Issuers Flexibility
The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Pending FCPA Trials Suggest About DOJ Priorities
Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.