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Public Policy
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May 27, 2025
Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction
Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.
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May 27, 2025
NC Justices Say Doc Is Employee, Not Official With Immunity
The North Carolina Supreme Court has overturned an appeals court decision that a University of North Carolina professor had public-official immunity in a defamation suit over an investigation into a colleague's going-away party, holding he is an employee of a public agency, not a public official entitled to immunity.
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May 27, 2025
Chancery Footnotes Raise Post-SB 21 Stir In Delaware
A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.
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May 27, 2025
CFTC Member Speaks On Agency Exits: 'Not A Great Situation'
Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.
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May 27, 2025
Mich. Fuel Supplier Fights $8.7M Tax Bill Over Flight Credit
A fuel supplier is challenging the Michigan Department of Treasury's determination that the company cannot claim credit for interstate flights on its returns because it is not an airline operator and is now liable for $8.7 million in tax and interest.
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May 27, 2025
9th Circ. Revives Tribes', Green Groups' Power Line Suit
The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.
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May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case
A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
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May 27, 2025
FCC Mulls Adding Connected Vehicle Tech To Covered List
The Federal Communications Commission is thinking about adding more technologies to the list of those whose components are banned if they come from China or Russia, but it wants to hear what the industry thinks first.
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May 27, 2025
Expert Says DuPont Knew Of PFAS Risk At NJ Site
A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.
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May 27, 2025
Lawmakers Float Fast Patent Program For AI, Semiconductors
Lawmakers in the U.S. Senate and House have introduced legislation that would require the U.S. Patent and Trademark Office to create an experimental program to prioritize patent applications for technologies like artificial intelligence and semiconductors.
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May 27, 2025
Calif. Faces Long Odds Keeping Tariff Suit In District Court
A California federal judge said Tuesday that "California has a bit of an uphill battle" keeping its lawsuit challenging President Donald Trump's recent tariffs in federal district court, noting that two judges have already sent similar cases to the U.S. Court of International Trade.
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May 27, 2025
Debate Over Moratorium On State AI Oversight Goes To Senate
Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.
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May 27, 2025
DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup
Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.
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May 27, 2025
Feds No Longer Advise COVID Shot For Kids, Pregnant Adults
The nation's public health agency on Tuesday pulled the COVID-19 vaccine from the list of recommended shots for healthy children and pregnant adults, a move that experts say could reduce demand for the vaccine and make it more expensive for some families.
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May 27, 2025
Mass. Pot Regulator Enters Battle Over Town's Hosting Fees
Massachusetts' cannabis regulator is seeking to intervene in a lawsuit brought by a group of marijuana retailers in state court, alleging a town unlawfully pocketed approximately $6 million in community impact fees.
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May 27, 2025
Ill. Panel Says Man Can't Keep Guns Bought During Injunction
An Illinois man cannot possess or register assault weapons he purchased during a period of time that the enforcement of Illinois' ban on such rifles was blocked by a federal court, an intermediary appellate panel ruled Friday.
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May 27, 2025
Canada Could Use Tax System For Growth, OECD Says
While Canada's economy has been largely resilient, changes in areas like goods and services taxes and its research and development tax incentives could help protect against projected slowed growth brought on by its trade dispute with the U.S., the Organization for Economic Coooperation and Development said.
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May 27, 2025
Crypto Exec's IRS Privacy Appeal Tossed By 5th Circ.
A cryptocurrency executive who sought to quash IRS summonses for his bank records must wait at least until the U.S. government decides whether to bring legal proceedings against him before he can appeal a ruling denying his request to block the agency's demands, the Fifth Circuit said Tuesday.
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May 27, 2025
Ferry Cos. Urge Mich. Judge To Block Rate Freeze Ordinance
Ferry service companies that provide transportation into and out of a popular Michigan tourist destination are asking a federal judge to stop the city of Mackinac Island from enforcing an ordinance that the companies say would put the businesses at risk of closing.
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May 27, 2025
Trump Withdraws Biden's NEPA Greenhouse Gas Guidance
The White House Council on Environmental Quality on Tuesday said it's withdrawing 2023 National Environmental Policy Act guidance for federal agencies that are assessing the greenhouse gas and climate change effects of actions, including the approval of infrastructure projects.
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May 27, 2025
Conn. Firefighters Say Age Bias Taints Retirement Program
Connecticut's municipal employee pension system unlawfully barred a group of firefighters with over two decades of service from participating in a deferred retirement program because they're under 55 years old, the workers and their union claimed in a federal lawsuit.
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May 27, 2025
Bank Groups Agree To Pause Of Fed Stress Test Suit
Major banking trade groups and the board of governors of the U.S. Federal Reserve System came together to ask an Ohio federal judge to pause their dispute over the board's big bank stress test practices, telling the court that the trade groups' concerns are being addressed.
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May 27, 2025
DC Circ. Backs FERC In NY Grid Upgrade Cost Fight
The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's refusal to allow New York utilities to earn investment returns from grid upgrades, saying the agency reasonably concluded that shifting from the current nonprofit approach was unwarranted.
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May 27, 2025
Wireless Mics Need Fewer Reg Restrictions, FCC Told
A group that advocates for making more spectrum available for wireless microphones has its own ideas about what regulations the Federal Communications Commission should be cutting, starting with two areas it says are hindering the wireless mic industry.
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May 27, 2025
Philly Atty Suspended 3 Years For Sexual Conduct With Client
Philadelphia personal injury lawyer Brian Dooley Kent has been suspended from the practice of law for three years for engaging in sexual conduct with a client he represented while investigating claims against the Church of Scientology.
Expert Analysis
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Avoiding Pitfalls Around New Calif. Commercial Lease Law
A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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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.