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Public Policy
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June 02, 2025
Justices Take Ill. Rep.'s Case Over Extended Ballot Count
The U.S. Supreme Court on Monday agreed to review a split Seventh Circuit panel's decision upholding the dismissal of an Illinois congressman's suit challenging the state's policy of counting ballots for up to 14 days after an election as long as they were postmarked or certified by Election Day.
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June 02, 2025
Immunity Shields Mich. AG From Flint Water Prosecution Suit
A Michigan federal judge has dismissed a wrongful prosecution lawsuit brought by a former aide to ex-Gov. Rick Snyder against the Michigan attorney general and Wayne County prosecutors, ruling that immunity shields the prosecutors from liability over their handling of charges against officials in the aftermath of the Flint water crisis.
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June 02, 2025
Schumer Pledges To Fight GOP's Limits On Court Power
Senate Minority Leader Chuck Schumer, D-N.Y., has vowed to challenge a provision in House Republicans' budget reconciliation package that would curtail courts' ability to issue contempt citations.
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June 02, 2025
US Looks To Dodge Suit Over Gulf Oil Well Risks
The federal government is asking a federal court to toss environmentalists' lawsuit alleging that it's ignoring the fact that owners of retired offshore oil and gas drilling infrastructure are failing to properly shut down the facilities.
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June 02, 2025
Justices Turn Away Constitutional Challenge To FINRA Powers
The U.S. Supreme Court on Monday declined to take up a case calling into question the constitutionality of the in-house disciplinary process used by the Financial Industry Regulatory Authority, rejecting an appeal by a broker-dealer facing expulsion from the industry.
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June 02, 2025
High Court Skips AR-15 Ban Constitutionality For Now
The U.S. Supreme Court declined Monday to weigh in on the debate over whether AR-15s and other semiautomatic rifles are protected under the Second Amendment or potentially subject to state bans because of their military-like capabilities.
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June 02, 2025
Justices Won't Review Ex-Temple Biz Dean's Fraud Conviction
The U.S. Supreme Court on Monday declined to review the fraud conviction of Moshe Porat, the former dean of the Temple University Fox School of Business, who was accused of falsely inflating the school's stats to boost its rankings in U.S. News & World Report.
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May 30, 2025
Split 9th Circ. Won't Unblock Trump's Gov't Overhaul
A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.
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May 30, 2025
Kousisis May Boost Fraud Cases, But Questions Remain
The U.S. Supreme Court's finding that inducing a transaction through lies, even with no intent of economic loss, is a valid basis for a wire fraud conviction opens the door for a wave of aggressive fraud prosecutions, but unanswered questions on issues like materiality may lead the court to again consider reining in the government's power.
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May 30, 2025
'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea
Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.
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May 30, 2025
Broadband Rate Regs Hurt Competition, Report Says
Capping broadband rates for low-income families is a bad idea, according to a new study backed by cable trade group ACA Connects, which found that such caps negatively impacts competition.
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May 30, 2025
Construction Co. Owners Beat Long-Runing Fla. Qui Tam Suit
A Florida federal judge ruled in favor of the owners of a construction company accused of defrauding a program for disadvantaged small businesses in a qui tam, or False Claims Act, lawsuit, saying in her dismissal of the nearly decade-long case that it violates the U.S. Constitution.
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May 30, 2025
No Sanctions For Stamford In Zoning Fight Over Gyms
A Connecticut judge declined to sanction the Stamford Board of Representatives after a real estate company accused it of withholding and destroying documents relevant to their zoning fight, ruling that "the evidence of withheld discovery was equivocal at best."
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May 30, 2025
SEC's Staking Guidance Ignores Court Rulings, Crenshaw Says
The U.S. Securities and Exchange Commission's dismissal of its lawsuit against crypto exchange Binance paved the way for its staff's same-day statement that many "staking" services are no longer subject to agency jurisdiction, according to the SEC's sole Democrat, who criticized the move as conflicting with a pair of court decisions the agency won.
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May 30, 2025
Trump Blames Federalist Society For Trade Court Loss
President Donald Trump blamed his recent, short-lived loss in the U.S. Court of International Trade both on judges he accused of hating him as well as on the Federalist Society — the conservative legal group that helped him with judicial selection during his first term — in a Truth Social post highlighting tensions within the conservative legal and political movements.
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May 30, 2025
GAO Notes Shortfalls In Reevaluation Of Space Command HQ
The U.S. Government Accountability Office said deficiencies continued in the U.S. Air Force's reevaluation of Huntsville, Alabama, as its preferred location for U.S. Space Command headquarters, before the Biden administration ultimately selected Colorado Springs, Colorado, as the agency's permanent location.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Texas Panel Keeps Intact Judge's LGBTQ+ Wedding Challenge
A Texas appeals court, in a Friday opinion, kept intact a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, but left the issue of merits for the trial court to hash out.
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May 30, 2025
Enviro-Focused Community Bank Exits FDIC Consent Orders
The Federal Deposit Insurance Corp. has freed Maryland-based Forbright Bank from the penalty box, terminating a pair of consent orders that had restricted its growth and required anti-money laundering improvements.
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May 30, 2025
Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial
Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.
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May 30, 2025
Governor Wants Input If Dropbox Challenge Is Appealed
Delaware's governor wants to weigh in on a potential Delaware Supreme Court midcase review of a controversial state corporation law overhaul that limits the liability of directors and controlling investors for allegedly self-interested corporate acts.
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May 30, 2025
Court Sinks Iowa Farm's Challenge To 'Swampbuster' Law
An Iowa federal judge has rejected a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas, ruling that the statute passes constitutional muster.
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May 30, 2025
Crowdfunding, Reg A Deals Grow Slowly As SEC Weighs Ideas
Equity crowdfunding and expanded Regulation A offerings have grown slowly since going live over the past decade, according to new data, leaving open questions on whether regulators will ease rules to bolster these alternatives to traditional capital raising.
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May 30, 2025
Texas Justices Back Bid To Close Migrant-Aiding Nonprofit
The Texas Supreme Court ruled on Friday that the state attorney general can initiate legal proceedings, known as a quo warranto action, to shut down a nonprofit, saying that a lower court's injunctions barring the proceedings were "premature at best."
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May 30, 2025
CFPB Punts On Fed Funding Issue In MoneyLion Case
The Consumer Financial Protection Bureau has told a New York federal judge that fintech lender MoneyLion can't again seek dismissal from its enforcement lawsuit by challenging the agency's finances, calling a procedural foul — while sidestepping the deeper funding issue.
Expert Analysis
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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.
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FDIC Shift On ALJs May Show Agencies Meeting New Norms
The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.
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7 Things Employers Should Expect From Trump's OSHA Pick
If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.