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Public Policy
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May 09, 2025
Trump's CFPB Pick To Be Tapped For Treasury Role
President Donald Trump will tap Jonathan McKernan, his current nominee to lead the Consumer Financial Protection Bureau, for a top domestic finance job at the U.S. Treasury Department, the agency said Friday.
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May 09, 2025
Minn. Court Increases Prior Valuation Of Parking Lot By $900K
The Minnesota Tax Court increased the market valuation of a parking lot by $900,000 after reopening the record and adjusting the reversion rate to reflect the record, resulting in a slightly higher valuation.
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May 09, 2025
Former Executive Of Car Dealer Group Can't Duck FTC Suit
An Illinois federal judge has refused to toss a lawsuit brought by the Federal Trade Commission and the state of Illinois over claims that a former executive of a car dealership group oversaw deceptive trade practices that defrauded thousands of customers, saying he was unconvinced by the "underdeveloped and scattershot" arguments for dismissal.
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May 09, 2025
NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption
The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."
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May 09, 2025
BREAKING: Tufts Student Wins Bail As Judge Cites Free-Speech Concerns
A Vermont federal judge on Friday ordered the immediate release of a Tufts University doctoral student taken into custody outside her home in March by Immigration and Customs Enforcement, saying Rümeysa Öztürk had raised "very substantial claims of due process and First Amendment violations" by the government.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
CFPB's Vought Takes Shredder To Dozens Of Guidance Docs
The Consumer Financial Protection Bureau's acting Director Russell Vought is withdrawing dozens of the agency's interpretive rules, policy statements and other guidance documents dating back to 2011, according to a Federal Register draft notice filed Friday.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
11th Circ. Told Fla. Voter 'Wet Ink Signature' Rule Isn't Legal
Multiple nonprofit organizations urged the Eleventh Circuit on Thursday to reinstate their challenge to Florida's rule requiring a "wet ink signature" on voter registration applications, saying the rule violates federal law and isn't useful in determining who's eligible to cast a ballot.
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May 08, 2025
Trump Can't Do 'End Run' To Stop Funds To Sanctuary Cities
A California federal judge said Thursday he's inclined to issue a clarification to his April 24 preliminary injunction blocking the Trump administration from withholding federal funds from "sanctuary" jurisdictions, saying he doesn't want an executive order President Trump issued April 28 used as an "end run" around it.
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May 08, 2025
Virginia Tribe Challenges Medicaid Suspension Notice
A Virginia tribe is asking a federal court to dismiss a state declaration supporting a notice that its Medicaid payments are suspended in its challenge over unpaid claims, arguing that the official lacks personal knowledge of the dispute and the document was tampered with.
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May 08, 2025
DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight
The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.
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May 08, 2025
OCC Axes Biden-Era Bank Merger Rule In Latest Reversal
The Office of the Comptroller of the Currency moved Thursday to roll back a Biden-era rule intended to dial up its scrutiny of proposed bank mergers, a reversal that comes amid a parallel repeal effort by Republicans in Congress.
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May 08, 2025
Senate Stablecoin Bill Stalls As Dems Pull Support
The Senate's proposal to regulate stablecoins failed a procedural hurdle on Thursday as Democrats pulled their support in hopes to negotiate stronger provisions, while Republican leaders accused holdouts of seeking to deny the Trump administration a bipartisan win around digital assets.
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May 08, 2025
Judge Seems To Favor Susman Godfrey In Trump Challenge
A D.C. federal judge appeared poised Thursday to allow Susman Godfrey LLP's challenge to President Donald Trump's executive order targeting the firm to proceed or to grant the firm a summary judgment win altogether, after she pressed a government attorney on the president's basis for alleging discrimination at the firm.
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May 08, 2025
Ex-Binance CEO Says He's Asked Trump Admin For A Pardon
Binance founder Changpeng Zhao said he has applied for a pardon from the Trump administration in the wake of a four-month prison term he served as part of a historic plea deal over the cryptocurrency exchange's anti-money laundering failures.
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May 08, 2025
Feds Urge High Court Not To Take Jury-Right Case
The government has asked the U.S. Supreme Court not to take up the case of a social media influencer who was denied a jury trial for a misdemeanor, arguing precedent and tradition show that "crimes" meriting a jury are distinct from petty offenses.
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May 08, 2025
CFPB Needs Stronger Controls On Supervisory Info, IG Says
A federal watchdog for the Consumer Financial Protection Bureau has called for the agency to tighten its controls on confidential information from its supervision of financial firms, finding gaps that could leave such data vulnerable to unauthorized access and exposure.
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May 08, 2025
Feds Float Sweeping Air Traffic Control Overhaul
The U.S. Department of Transportation on Thursday outlined an ambitious plan to overhaul the nation's air traffic control system by replacing antiquated telecommunications and radar networks, building new ATC towers and facilities, and boosting hiring.
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May 08, 2025
Instagram Head Says App 'Blends' Friends And Entertainment
The head of Instagram didn't shy away Thursday from Federal Trade Commission arguments about how Meta functions as a social media platform, testifying in D.C. federal court that sharing with friends and family is a key function, but part of a blended approach also focused on entertainment.
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May 08, 2025
Solicitor General Urges Justices To Let Immigrant Parole End
Solicitor General D. John Sauer on Thursday urged the Supreme Court to halt a Boston federal judge's order blocking the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela.
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May 08, 2025
Pa. Diner Can't Get Tax Sale Axed Over Price Hike, Panel Says
A diner in a resort in Pennsylvania's Pocono Mountains can't duck a tax sale over the final sale price of the diner property being higher than originally advertised, a state appellate panel said in a precedential ruling Thursday.
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May 08, 2025
Capital One Wants Trump Entities' 'De-Banking' Suit Tossed
Capital One urged a Florida federal court to dismiss a lawsuit by President Donald Trump's revocable trust and Eric Trump claiming the bank illegally canceled hundreds of Trump-affiliated accounts in the aftermath of the Jan. 6, 2021, attacks on the U.S. Capitol, arguing the complaint does not show the accounts were closed for political reasons.
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May 08, 2025
2nd Circ. Weighs New Deportation Test Post-Loper Bright
The Second Circuit on Thursday kicked the tires on a new test for immigrant removal proceedings stemming from criminal convictions, mulling the case of a Chinese man with two convictions in light of the U.S. Supreme Court's recent decision ending deference to agency decisions.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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What Banks Should Note As Regulators Plan To Nix CRA Rule
While federal bank regulators’ recently announced intent to rescind a Biden-era Community Reinvestment Act final rule will loosen the framework for evaluating banks’ lending, service and investing activities, the decision means industry innovations and changes will remain unaddressed, say attorneys at Alston & Bird.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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CFPB Vacatur Bid Sheds Light On Agency Decision-Making
While the CFPB's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to CFPB decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.