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Public Policy
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May 13, 2025
FTC Says It Won't Enforce 'Click To Cancel' Until July
The Federal Trade Commission, currently only staffed with Republicans following President Donald Trump's firing of the remaining two Democratic commissioners, has decided to pump the brakes on its plan to start enforcing the agency's new "click to cancel" rule this month.
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May 13, 2025
Planned Parenthood Wants Teen Program Fund Rule Blocked
Planned Parenthood on Monday urged a D.C. federal judge to vacate the U.S. government's "unlawful" requirements to "align" with President Donald Trump's executive orders lest risk losing Teen Pregnancy Prevention Program funding, arguing its facilities will suffer staff cuts and loss of medically accurate, age-appropriate education services absent an injunction.
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May 13, 2025
Senators Grill Allstate, State Farm Heads On Disaster Claims
Officials from Allstate and State Farm defended their claims-handling procedures for natural disasters before a U.S. Senate committee Tuesday amid testimony that the two major homeowners insurers routinely altered estimates and underpaid policyholders to protect their profits.
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May 13, 2025
House Panel Clears $3.8T Extension of 2017 Tax Overhaul Law
The House Ways and Means Committee voted along party lines early Wednesday to approve a $3.8 trillion tax bill that would make permanent many of the tax cuts for businesses and individuals enacted in President Donald Trump's first term.
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May 13, 2025
Pa. Justices Question Ruling Over Verizon's Utility Pole Rents
Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.
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May 13, 2025
Senate Dems Say Paramount Deal Needs Full FCC Vote
Two Democratic senators called Tuesday for a full Federal Communications Commission vote on the tie-up of Paramount and Skydance Media to avoid even the "appearance of impropriety" from the deal gaining approval amid President Donald Trump's suit against Paramount's CBS.
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May 13, 2025
NIH Letters Ending Grants Lack Factual Support, Judge Says
A Massachusetts federal judge said Tuesday that a "blast" of hundreds of virtually identical letters in March canceling National Institutes of Health-funded research projects appeared to offer no factual basis, only unsupported assertions that the projects were unscientific or discriminatory.
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May 13, 2025
Michigan Judge Strikes Down State's Abortion Restrictions
A Michigan judge struck down several of the state's abortion restrictions Tuesday, including a mandatory waiting period, required counseling materials and a rule that only doctors may perform abortions, finding the laws make it harder for people to access abortion and don't protect patients' health.
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May 13, 2025
The Man Who Ended Affirmative Action Is Just Getting Started
Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.
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May 13, 2025
Fox Nabs Smartmatic Bribery Probe Docs In Defamation Case
A New York state appeals court on Tuesday ordered Smartmatic to give Fox News documents related to a federal investigation into allegations that executives of the election systems company bribed officials in the Philippines, ruling the materials are "plainly relevant" to the network's defense against defamation claims.
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May 13, 2025
Trade Court Panel Looks Askance At Trump Tariff Justification
A U.S. Court of International Trade panel expressed skepticism Tuesday that the emergency law President Donald Trump is using to impose global tariffs left the determination of an "unusual and extraordinary threat" to be a political rather than legal question.
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May 13, 2025
PBMs Get Bipartisan Bashing At Hearing On Drug Costs
Senators across party lines slammed pharmacy benefit managers on Tuesday, sometimes in coarse language, as they wrestled with how to reduce drug prices for patients while also preventing the closure of rural pharmacies.
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May 13, 2025
States Grapple With Feds Revoking Digital Equity Grants
States that received grant money under the $2.75 billion Digital Equity Act are scrambling to figure out their next steps after the Trump administration called the program "unconstitutional" and cut off their funding in recent days.
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May 13, 2025
1st Circ. Urged To Rule In Appeal Over Canceled HUD Grants
Groups challenging Trump administration cuts to $30 million in housing grants asked the First Circuit to rule that a Massachusetts federal judge, in fact, has the power to order federal officials to fund the grants, even after the judge dissolved such a ruling in reaction to a recent U.S. Supreme Court finding.
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May 13, 2025
SEC's Uyeda Encourages Opening 401(k)s To Private Assets
U.S. Securities and Exchange Commissioner Mark Uyeda said Tuesday that regulators should explore how retirement accounts could expand to include private equity investments, arguing that such a shift would put 401(k) plans on par with pension funds.
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May 13, 2025
11th Circ. Looks Open To Reviving Ga. Voter Intimidation Suit
Eleventh Circuit judges scrutinizing a ruling that a conservative election monitoring group didn't intimidate Georgians when it challenged the voter registration of hundreds of thousands of citizens said Tuesday the district judge may have gotten it wrong, suggesting during oral arguments the group may have at least tried it.
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May 13, 2025
Climate NGOs Attack EPA Appeal In Funding Clawback Fight
Climate investment groups asked the D.C. Circuit to affirm a district court ruling blocking the U.S. Environmental Protection Agency from clawing back billions of dollars disbursed to them under the Inflation Reduction Act, characterizing its actions as "textbook arbitrariness."
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May 13, 2025
Pa. Sens. Reject Bill To Legalize Pot Through State-Run Shops
A Pennsylvania Senate committee on Tuesday voted to reject a bill to legalize adult-use marijuana and regulate its sale via state-run stores.
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May 13, 2025
10th Circ. Pushes Vail On Safety Claim Behind Truck Limits
A Tenth Circuit panel on Tuesday pressed the ski town of Vail, Colorado, on whether it has enough evidence that an ordinance limiting commercial truck deliveries in pedestrian-only zones would improve public safety, with one judge saying the town's rationale "almost sounds like a pretext."
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May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty
The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
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May 13, 2025
Ex-BIA Chief Returns To Private Practice At Grossman Young
Former Board of Immigration Appeals chair David Wetmore has joined Grossman Young & Hammond as senior counsel, returning to private practice after more than 16 years in government service handling immigration matters across the U.S. Department of Justice and the White House.
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May 13, 2025
Trump Nudges Justices To Lift Ban On Venezuelan Removals
The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.
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May 13, 2025
Texas House OKs Bill Expanding Biz Court Disputes
A bill that would bring sweeping changes to the state's business court is one step closer to becoming law after approval by the Texas House on Tuesday.
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May 13, 2025
Pot Dispensary Asks Mo. High Court To Block County Taxes
In incorporated areas of Missouri counties, a municipality's imposition of a 3% sales tax on adult-use cannabis supersedes a county's ability to impose its own additional tax, a dispensary told the Missouri Supreme Court during oral arguments Tuesday.
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May 13, 2025
NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.
Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.
Expert Analysis
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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.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Opinion
US Reassessment Of OECD Tax Deal Is Right Move
The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.
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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.