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Public Policy
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April 29, 2025
GOP Plan To Shutter Audit Watchdog Could Strain SEC
Congressional Republicans are renewing the push to get rid of a financial regulator that conservatives have complained is costly and lacks proper oversight, but some former staffers at the Public Company Accounting Oversight Board wonder whether the U.S. Securities and Exchange Commission has the manpower or expertise to take over the board's duties.
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April 29, 2025
Ex-CFPB Senior Attys Sign On With Democracy Forward
Democracy Forward, a legal advocacy group that's emerged as a top court brawler with the Trump administration, said Tuesday that it has hired several more of the Consumer Financial Protection Bureau's recently departed senior litigators, adding to its ranks of agency alums.
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April 29, 2025
FTC Defends John Deere Right-To-Repair Suit
Farm machinery-maker Deere & Co. is trying to get out of an FTC enforcement action using the same arguments that didn't help it escape multidistrict litigation accusing the company of breaking antitrust laws by restricting access to repair services, the government says.
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April 29, 2025
State Telecom Roundup: Funding Security Without The Feds
The Trump administration has made it clear that it expects states to take the reins regarding cybersecurity infrastructure and disaster preparedness and that the feds plan to step back, but not all states are equally prepared for that task.
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April 29, 2025
10th Circ. Won't Touch Colo. Deportation Stay For Now
A Tenth Circuit panel on Tuesday declined to set aside a Colorado judge's temporary halt on the removal of Venezuelan migrants under the Alien Enemies Act while the Trump administration challenges the order, because the government hasn't shown its interests would be seriously harmed otherwise.
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April 29, 2025
SEC Abandons Investigation Into PayPal's Dollar Stablecoin
The U.S. Securities and Exchange Commission has dropped its investigation into PayPal's dollar-pegged stablecoin "without enforcement action," PayPal said in a disclosure filed Tuesday, the latest cryptocurrency probe abandoned by the agency under President Donald Trump's administration.
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April 29, 2025
DC Judge Worries About 340B Rebate Program Without 'Teeth'
The D.C. federal judge tasked with deciding dueling summary judgments in litigation accusing the government of blocking drugmakers' efforts to reshape the way they do rebates seemed skeptical of endorsing a vision of the program that could have "potentially devastating consequences."
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April 29, 2025
Fla. AG Drops Claims FEMA Avoided Trump Supporters' Homes
Florida's attorney general said Monday that he has settled a lawsuit against the Federal Emergency Management Agency's administrator over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of Donald Trump.
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April 29, 2025
CFPB Aims To Mediate Colony Ridge 'Reverse Redlining' Suit
The Consumer Financial Protection Bureau and a Houston-based real estate developer asked a Texas federal judge Tuesday to pause the bureau's reverse redlining suit so they can engage in mediation to resolve the case.
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April 29, 2025
Examining The EPA's Forever Chemical Plans
The U.S. Environmental Protection Agency says it plans to clarify who is liable for forever chemical contamination and hold polluters accountable, though questions remain as to whether current standards could be loosened and how much help could be needed from Congress.
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April 29, 2025
Feds Urge Dismissal Of Suit Over Halted Refugee Program
The Trump administration on Monday urged a Washington state federal judge to dismiss a lawsuit challenging the government's suspension of the U.S. Refugee Admissions Program, citing a recent Ninth Circuit decision that limited the scope of the judge's preliminary injunction.
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
Conn. Watchdog Urges Probe Into Avangrid Phishing Scam
Connecticut's Office of Consumer Counsel has asked the state utilities regulator to open a probe into Avangrid Inc.'s alleged public dissemination of customer information, telling the agency in a petition that two of its natural gas subsidiaries in the state fell victim to a phishing scam.
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April 29, 2025
Koi Nation Can't Intervene In Casino Row, Court Told
The Federated Indians of Graton Rancheria is fighting a bid by a fellow California tribe at the crux of a dispute over the Interior Department's decision to take 70 acres into trust for the construction of a proposed hotel and casino project, arguing it lacks any justification to do so.
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April 29, 2025
Trump Executive Order Aims To Defend Police In Lawsuits
President Donald Trump has issued an executive order directing the attorney general to help defend police officers from misconduct lawsuits, including arranging private-sector pro bono aid for them.
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April 29, 2025
Key Takeaways From Patent Office's New Denial Process FAQ
The U.S. Patent and Trademark Office on Friday released answers to an extensive list of frequently asked questions about its new process for deciding whether to deny patent challenges for discretionary reasons. Here's a look at some of the most significant details.
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April 29, 2025
Watchdog Will Probe Trump Admin's Push To Shrink CFPB
The U.S. Government Accountability Office will look into whether the Trump administration's aggressive downsizing efforts have rendered the Consumer Financial Protection Bureau unfit for duty, agreeing to a review sought by Democratic lawmakers.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
Univ. Groups Can Pursue Free-Speech Case Over Removals
A Massachusetts federal judge on Tuesday ruled that he will allow academic organizations to pursue their "novel" First Amendment claims against the Trump administration over the deportation of noncitizen faculty and students who expressed pro-Palestinian views.
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April 29, 2025
2 Dozen States Say DOGE Can't 'Dismantle' AmeriCorps
Two dozen states and the District of Columbia filed a lawsuit on Tuesday challenging layoffs and $400 million in funding cuts to the national volunteer agency AmeriCorps, alleging the Trump administration is trampling over Congress' authority by trying to dismantle the agency.
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April 29, 2025
CPB Sues Trump Admin Over Board Termination Emails
The Corporation for Public Broadcasting and its board asked a D.C. federal judge Tuesday to declare that the Trump administration had no authority to send emails purportedly terminating three of its five board members.
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April 29, 2025
Justices Scoff At Feds' Defenses In Mistaken FBI Raid Case
Supreme Court justices Tuesday appeared flummoxed by the government's "ridiculous" arguments it should be immune to a Georgia resident's lawsuit over a mistaken FBI raid on her house, but seemed unlikely to issue a blanket ruling on when an officer's discretion trumps their liability for injuries caused by their actions.
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April 29, 2025
Chicago US Atty Focusing On Local Cases Amid DC Priorities
Chicago's new interim U.S. attorney says he plans to keep the office's traditions and "Sunday brunch buffet" of sections alive and active in the Northern District of Illinois, even as he helps them thrive alongside his bosses' "very clear" priorities in Washington, D.C., and a personnel shortage in his office.
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April 29, 2025
Bessent Says EU Must Kill Digital Taxes For US Trade Deal
The U.S. government wants European countries to repeal digital service taxes before the European Union moves forward with trade negotiations, U.S. Treasury Secretary Scott Bessent said Tuesday.
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April 29, 2025
Pa. Officials To Face Juvenile Prison Abuse Suit, For Now
A federal judge ruled Tuesday that high-ranking officials from Pennsylvania's Department of Human Services must face a lawsuit filed by former inmates at a Delaware County juvenile correctional facility alleging widespread abuse, at least for now.
Expert Analysis
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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.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.