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Public Policy
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June 03, 2025
FCC Delays Cutoff For 4.9 GHz User Data As It Mulls 5G Intro
The Federal Communications Commission is giving public safety agencies with licenses in the public safety band an additional 30 days to share technical data about their existing radio operations, saying it wants the most accurate information available as it moves forward with reforms in the band.
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June 03, 2025
9th Circ. Wary Of Dormant Commerce Application To Cannabis
A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.
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June 03, 2025
4th Circ. Again Decertifies Marriott Data Breach Classes
The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.
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June 03, 2025
HHS, DOGE Accused Of Using Flawed Data In Mass Layoffs
Former federal workers laid off by the U.S. Department of Health and Human Services brought a putative class action Tuesday in D.C. federal court alleging their terminations were unlawful because they were based on "hopelessly error-ridden" personnel records, in violation of the Privacy Act.
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June 03, 2025
Wis. Village Wants Reversal Of Land Transfers To Tribal Trust
Hobart, Wisconsin, has asked a federal judge to undo a move by the U.S. Department of the Interior to place properties into a trust for the Oneida Nation, arguing that the transfers were made despite the village's claims of a biased administrative process.
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June 03, 2025
FCC Urged To Move Faster In Opening Upper C-Band
A Washington, D.C., think tank said the Federal Communications Commission should move quickly to open the upper C-band for mobile 5G use while maintaining protections for aircraft that use nearby airwaves.
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June 03, 2025
Citi's Global Sanctions Head Tapped For Treasury Role
President Donald Trump has nominated Citigroup's global head of banking sanctions compliance to serve as the U.S. Department of the Treasury's assistant secretary for terrorist financing, according to congressional records, in a move that would mark his return to the department after years in the private sector.
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June 03, 2025
NJ Steel Co. Seeks Block Of OSHA Review Agency Hearing
A steel fabrication company is urging a New Jersey federal court to give it an early win in its suit against an independent federal commission over nearly $350,000 in proposed penalties, arguing that it will be required to undergo an unconstitutional proceeding without court intervention.
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June 03, 2025
Texas Gives Some Property Owners More Time To Pay Taxes
Some Texas property owners whose taxing authorities allow bills to be paid in two installments will get more time to make their initial payment under legislation signed by Gov. Greg Abbott.
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June 03, 2025
Fed. Bill Pushes For Streamlined Access To Tribal Disaster Aid
A trio of Washington state federal lawmakers has reintroduced a bill in the U.S. House of Representatives that would fast-track the process for tribal nations to apply for resources to manage the impact of extreme weather and natural disasters, and address their environmental resiliency and relocation goals.
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June 03, 2025
Senate Panel Advances Trump's Pick To Lead IRS
The Senate Finance Committee approved President Donald Trump's selection of former U.S. Rep. Billy Long to serve as commissioner of the IRS on Tuesday, sending the nomination to the full Senate.
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June 03, 2025
US Withdraws From El Paso Tribal Land Ownership Dispute
The U.S. says it no longer wants to intervene in a dispute between the Ysleta del Sur Pueblo and the city of El Paso, Texas, over 155 acres of land, a shift in position from the prior administration that argued it never authorized non-Native Americans to usurp the tribe's property.
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June 03, 2025
KKR Says DOJ Merger Notice Suit Rewrites HSR Act
KKR pushed a New York federal judge to dismiss a U.S. Department of Justice lawsuit seeking fines that could top $650 million, arguing that in defending claims the private equity giant failed to notify two mergers and deleted key documentation from notifications, enforcers are trying to "expand" merger filing requirements.
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June 03, 2025
Supreme Court Won't Hear Mich. Gym's COVID Closure Suit
The U.S. Supreme Court on Monday said it would not hear a petition from a Michigan gym seeking compensation from the state for the economic losses it suffered after being forced to scale back services or close during the height of the COVID-19 pandemic.
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June 03, 2025
Fla. Jury Finds CEO Guilty In $1.4B Medicare Fraud
A Florida federal jury on Tuesday found a software company CEO guilty of participating in a scheme to coordinate illegal medical kickbacks through an internet platform, resulting in about $1.4 billion worth of false billings to Medicare and other insurers for unnecessary medical products, including orthotic braces.
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June 03, 2025
Bills Texas Attys Should Know From The 2025 Session
Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.
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June 03, 2025
Wells Fargo Free To Grow After Fed Ends $2T Asset Cap
The Federal Reserve announced Tuesday that it has lifted the $2 trillion asset cap it imposed on Wells Fargo & Co. as part of a 2018 enforcement action stemming from the so-called fake accounts scandal, finding the bank has met all conditions required by the regulator.
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June 03, 2025
Apple Challenging EU's Interoperability Requirements
Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.
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June 03, 2025
DC Judge Agrees To Pause Tariff Injunction
A D.C. federal judge on Tuesday agreed to stave off a preliminary injunction that blocked the Trump administration from collecting tariffs on two toy makers while the government appeals the ruling.
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June 03, 2025
2nd Circ. Says Social Worker Can't Challenge NY Abortion Law
The Second Circuit on Tuesday rejected a social worker's constitutional challenge to a New York law decriminalizing abortion, finding that she lacked standing to sue because she couldn't identify any specific fetus facing harm.
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June 03, 2025
Former GC To Sen. Scott Sworn In As Northern Fla.'s US Atty
A former deputy chief of staff and general counsel to U.S. Sen. Rick Scott was sworn in Monday as the 42nd U.S. attorney in the Northern District of Florida after having served in the role on an interim basis since President Donald Trump nominated him for the post.
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June 03, 2025
USTR Extends Exclusions From 2018 China Tariffs
The Office of the U.S. Trade Representative has extended tariff exclusions for certain products from China under a set of 2018 trade measures aimed at what the U.S. described as Beijing's restrictive intellectual property rules.
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June 03, 2025
Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market
A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.
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June 03, 2025
Judge Extends Block On Post-Pandemic School Funding Cuts
A Manhattan federal judge on Tuesday maintained a block on a Trump administration move to halt funding for education-related COVID-19 pandemic recovery efforts, after lawyers for New York and other states said the feds are trying to get around an earlier injunction.
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June 03, 2025
Irish Court Says US Co.'s Irish Units Not Owed Treaty Benefits
Three Irish subsidiaries cannot benefit from the U.S.-Ireland tax treaty's provision of equally favorable treatment between U.S. and Irish residents because their ultimate parent entity, a Delaware financial firm, is disregarded for U.S. tax purposes, Ireland's Court of Appeal said in a judgment.
Expert Analysis
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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How Lenders Should Prepare For Crypto As Collateral
Amid the administration's desire to position the U.S. as a digital banking leader, lenders should prepare for customers seeking to use cryptocurrency as collateral for financing, consider which rules govern these transactions, and assess their ability to obtain or maintain control of the virtual funds, say attorneys at Frost Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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Calif. May Pick Up The Slack On Foreign Bribery Enforcement
The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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OCC Patriot Bank Order Spotlights AML Issues For Managers
The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.