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Public Policy
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May 28, 2025
Feds Ask SC Judge To Toss Suit Over Frozen Grant Funding
The Trump administration urged a South Carolina federal judge to dismiss a complaint challenging its authority to freeze and terminate grant funding for lack of jurisdiction, as it also appeals an order directing it to restore several dozen grants funded by Congress.
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May 28, 2025
Feds Tell Justices 9th Circ. Wrongly OK'd CWA Citizen Suit
The federal government is urging the U.S. Supreme Court to sink an environmental group's Clean Water Act citizen suit seeking to enforce the terms of a Washington state-issued pollutant-discharge permit that is stricter than the law requires.
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May 28, 2025
Execs Smuggled Billions In Goods To Skirt Duties, Feds Say
Two California shipping company executives have been charged with smuggling billions of dollars' worth of goods from the United States into Mexico — avoiding millions of dollars in duties to Mexico — using bogus documents, shell companies, bribes to public officials and kickbacks to drug cartels.
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May 28, 2025
Judge Shields NY Congestion Pricing From Feds' Threats
New York's congestion pricing program can keep running at least through the fall, after a federal judge on Wednesday signaled that the U.S. Department of Transportation likely overstepped its authority by purportedly terminating a federal agreement that gave congestion pricing the green light.
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May 28, 2025
FCC Urged To Reject Waiver For Alaska Plan Mapping
The Federal Communications Commission ought not lower its standards for telecoms hoping to receive federal dollars in order to bring high-speed internet to Alaska, according to a trade group, who is arguing the end result would simply be worse service for Alaskans.
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May 28, 2025
Tariffs Spur Law Firms To Brace For Trade Disputes Surge
President Donald Trump's unveiling of broad tariffs in his second term has prompted the law firms that specialize in international disputes to ramp up their preparedness for an expected onslaught of cases, a task that hasn't been made easier by the administration's constantly evolving approach to trade issues.
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May 28, 2025
20 State AGs Urge 9th Circ. To Resume Refugee Admissions
Attorneys general from 20 states, as well as former federal immigration officials, have chimed in to support reinstatement of U.S. refugee admissions amid a pending legal challenge to President Donald Trump's indefinite suspension of the program, according to briefs recently filed with the Ninth Circuit.
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May 28, 2025
Va. Ruling Undercuts Railroads' Broadband Suit, 4th Circ. Told
Virginia's attorney general is looking to turn a state court loss into a federal court win, telling the Fourth Circuit that a recent Virginia Supreme Court decision curbing a new law that eases access for broadband providers on railroad property actually diminishes a railroad industry association's standing.
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May 28, 2025
Feds Won't Appeal Offshore Fish Farming Permit Decision
The federal government will not appeal a decision to set aside a U.S. Army Corps of Engineers' permit intended to speed up industrial aquaculture in public ocean waters, ending the dispute and any future use of the structures off the country's eastern and western coasts.
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May 28, 2025
High Court's Bid To Save Fed Independence May Backfire
The U.S. Supreme Court has signaled it may expand President Donald Trump's power to summarily fire independent agency officials while keeping the Federal Reserve in a league of its own, but legal experts say that carveout may still leave the central bank's independence on shaky ground.
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May 28, 2025
Cannabis Cos. Eye High Court Review After 1st Circ. Decision
The First Circuit's decision upholding the dismissal of a splashy federal case challenging the national ban on marijuana was all but inevitable given the controlling case law on the issue, which can only be resolved by the U.S. Supreme Court, legal experts and cannabis attorneys told Law360.
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May 28, 2025
ND Tribes Seek 8th Circ. Rehearing In Voting Rights Row
Two North Dakota tribes are asking the Eighth Circuit to reconsider its decision that provisions of the Voting Rights Act don't give private citizens the right to sue over dilution claims, saying the ruling defies Congress, multiple Supreme Court decisions and the practice of every other circuit in the country.
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May 28, 2025
4 Big Questions Raised By International Retaliatory Tax In GOP Bill
Republicans' evolving international retaliatory tax proposal has been viewed as an effort to influence foreign tax regimes and as a possible tool in global tax and trade talks, but it has sparked concerns that it could escalate a trade war or otherwise hurt the U.S. economy. Here, Law360 explores four questions raised by the proposal.
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May 28, 2025
CFPB Energy Loan Rule An 'Unlawful Power Grab,' Suit Says
Lenders that finance clean energy home improvement projects on Wednesday challenged a Biden-era rule that applies standard mortgage protections to loans where homeowners pay for such projects through property tax bills, saying the rule is unlawful and threatens to kill their business.
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May 28, 2025
'ComEd Four' Denied New Trial After High Court Ruling
An Illinois federal judge on Wednesday denied a motion by Commonwealth Edison Co.'s former CEO and lobbyists to throw out their corruption convictions in the wake of a recent U.S. Supreme Court false-statement ruling, saying the jury made a "reasonable call" that they falsified internal records to hide the steering of benefits to ex-Illinois House Speaker Michael Madigan.
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May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs
A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
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May 28, 2025
Sens. Urge Treasury To Rescind Ownership Reporting Rule
A bipartisan duo from the Senate Finance Committee has urged Treasury Secretary Scott Bessent to fully implement the Corporate Transparency Act, criticizing an interim final rule that exempts domestic businesses from contested reporting regulations.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
Telecom Groups Ask Trump To Push BEAD Program Ahead
A bevy of broadband industry groups are seeking help from the White House in nudging the U.S. Department of Commerce to hasten the distribution of federal funding for internet deployment projects in underserved areas of the country.
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May 28, 2025
DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans
The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.
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May 28, 2025
Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand
The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.
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May 28, 2025
Colorado, Feds Clash Over $6.7M From Collapsed Insurer
A Colorado federal judge pressed the state Wednesday on how its bid to pay out $6.7 million from a defunct health insurer to a Denver Health plan doesn't conflict with the federal government's interests, noting the disbursement would result in less money to a federal risk program.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
Va. Tribe's Medicaid Suspension Fight Faces State Pushback
Virginia is fighting a bid by the Nansemond Indian Tribe to strike a state declaration supporting a notice that its Medicaid payments are suspended, telling the court nothing is improper about the document, and the tribe's accusations of fraud are unfounded.
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May 28, 2025
Mich. School, Student GOP Club Spar In Free Speech Suit
A Michigan school district told a federal judge Wednesday that it could not air an announcement from a high school Republican club because it contained a political viewpoint on an upcoming ballot initiative, urging the court to toss the club's lawsuit alleging the school stifled members' right to free speech.
Expert Analysis
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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What To Know About New Wash. Community Association Law
A series of recent legislative updates that greatly expand application of the Washington Uniform Common Interest Ownership Act pose significant challenges to the volunteer board members who administer and operate condos and homeowners associations, but there are ways to lessen the newly imposed administrative burden, says Tim Feth at VF Law.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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UK May Play Major Role In Corporate Misconduct Regulation
In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.