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Public Policy
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May 14, 2025
CFPB Junks Plans For Data Broker, Contract Clause Rules
The Consumer Financial Protection Bureau said Wednesday that it is mothballing several more Biden-era regulatory initiatives, calling off planned rules that would have, among other things, required data brokers to comply with credit reporting-style protections.
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May 14, 2025
Labor Groups Sue HHS Over Workplace Safety Agency Cuts
Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.
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May 14, 2025
ICE Policy Tweak Won't Fix Harm To F-1 Students, Judge Says
A California federal judge issued an injunction Wednesday in multiple cases challenging the Trump administration's termination of foreign students' F-1 visa records, rejecting the government's arguments that its recent policy change eliminates the likelihood students will be irreparably harmed, but he held off on deciding whether to grant nationwide relief.
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May 14, 2025
Judge Hints At Shielding Docs Of Live Nation Competitors
The California federal judge overseeing claims from concertgoers accusing Live Nation of violating antitrust law is likely to grant a request from ticketing rivals to protect documents the rivals say could facilitate the very conduct at issue in the case.
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May 14, 2025
Virginia Judge Orders ICE To Release Georgetown Academic
A Virginia federal judge on Wednesday ordered the release of a Georgetown University fellow that the Trump administration detained and initiated removal proceedings against while his habeas case is pending.
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May 14, 2025
9th Circ. Doubts Wash. Anti-Vaxxers' Stance In Med Board Suit
A Ninth Circuit judge expressed skepticism on Wednesday that the federal appellate court could revive Robert F. Kennedy Jr.'s suit against the Washington Medical Commission for initiating disciplinary proceedings against physicians who publicly aired anti-vaccination views, pointing out that federal courts generally "don't interfere" with ongoing state litigation.
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May 14, 2025
HUD Allocates $1.1B For Tribal Affordable Housing Initiatives
The U.S. Department of Housing and Urban Development will allocate more than $1.1 billion in Indian Housing Block Grant funding to support affordable housing efforts in Native American tribal communities, HUD announced Tuesday.
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May 14, 2025
USDA Says Native Villages Aren't Tribal Land In $70M Dispute
The U.S. Department of Agriculture is standing by its assertion that two Native Alaskan villages are not tribal lands in the same way as reservations in its bid to convince a court to side with it in a fight over $70 million in broadband funds the agency is accused of wrongly giving away.
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May 14, 2025
Ga. Justices Consider Sovereignty In Telecom Permits Case
Georgia's justices were urged by the state Wednesday to overturn a trial court order granting summary judgment to telecommunications providers that sued to enforce prior contracts with the Georgia Department of Transportation that did not include increased permitting fees.
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May 14, 2025
5th Circ. Declines To Rehear SEC's Kroger Proxy Decision
The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.
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May 14, 2025
Colo. Justices Leery Of Speaker's Motive In Anti-SLAPP Test
The Colorado Supreme Court on Wednesday pressed a veterinary clinic on its position that courts should consider a speaker's motivations to determine if their comments involve issues of public interest, with some justices wondering if that would create too high a bar to trigger an anti-SLAPP law.
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May 14, 2025
Gaming Co. Asks High Court To Undo Wash. Compacts' Order
A casino owner and operator is asking the U.S. Supreme Court to undo a Ninth Circuit ruling that dismissed its challenge to Washington state tribal gaming compacts, arguing the case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.
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May 14, 2025
FCC Cuts Deal With Fla. Pirate Radio Operator
The Federal Communications Commission has cut a deal with a man it accused of running an unauthorized radio station in Broward County, Florida, which requires him to pay a small fine and stop the illegal broadcasts in exchange for avoiding a stiffer penalty.
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May 14, 2025
Lawmakers Line Up To Unwind Trump's 'Chaotic' IEEPA Tariffs
Nearly 150 members of Congress have thrown their support behind 12 state attorneys general suing to halt the Trump administration's "emergency" tariffs, arguing they far exceed the statutory authority of a president.
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May 14, 2025
Interior Policy Aims To Shorten Oil And Gas Leasing Reviews
The U.S. Department of the Interior has unveiled a new policy that attempts to speed up oil and gas leasing on public lands by cutting the amount of time spent reviewing the suitability of potential leasing areas.
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May 14, 2025
DC Judge Halts Trump Order Axing State Dept. Union Rights
The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.
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May 14, 2025
House Panel To Fold $3.8T Tax Overhaul Into Budget Package
The House Budget Committee has scheduled a vote Friday on legislation that would combine the House Ways and Means Committee's $3.8 trillion tax bill with the work of other House committees as part of the fiscal 2025 budget reconciliation bill.
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May 14, 2025
Abbott Signs Bill Codifying Immunity For Corporate Execs
Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.
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May 14, 2025
8th Circ. Dismisses North Dakota Native Voting Rights Dispute
An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.
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May 14, 2025
Wisconsin Lake Homeowners Amend Tribal Tax Burden Suit
Four lake homeowners and an association have amended a suit against local governments in the Menominee reservation in northern Wisconsin, claiming the tribe has sought to grow the amount of tax-exempt land while leaving owners of taxable homes to pay more than their fair share.
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May 14, 2025
Harvard Researcher Charged With Smuggling Amid ICE Case
Federal prosecutors on Wednesday unsealed criminal smuggling charges against a Russian national and Harvard Medical School researcher who has been challenging her monthslong detention by U.S. Immigration and Customs Enforcement after she returned to the U.S. from Europe carrying frog embryos.
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May 14, 2025
CFTC Forex Case Dismissed Over Sanctioned Conduct
A New Jersey federal judge on Wednesday approved sanctions against the U.S. Commodity Futures Trading Commission, one day after a special master's report said the agency acted in "bad faith" to gain a "tactical advantage" over a foreign exchange firm it accused of fraud.
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May 14, 2025
Risks Abound For Higher Ed As Top Court Ruling Turns 2
Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.
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May 14, 2025
9th Circ. Says Trustee Is Liable Under New Social Media Test
A California school board member violated the First Amendment when she blocked two parents from making comments on her public Facebook and Twitter pages, the Ninth Circuit ruled Wednesday, reaffirming a district court's judgment after applying the U.S. Supreme Court's new state-action test.
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May 14, 2025
Fintech Group OK'd To Defend CFPB Open-Banking Rule
Fintech industry group the Financial Technology Association received the green light on Wednesday to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing legal challenge from the banking industry.
Expert Analysis
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.