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Public Policy
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May 06, 2025
6th Circ. Upholds Michigan's Dead Voter Removal Process
Michigan takes "more than reasonable" measures to remove deceased voters from its voter rolls, the Sixth Circuit said in a published opinion Tuesday, affirming a district court decision that the state's system meets the level of effort required by the National Voter Registration Act.
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May 06, 2025
Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver
A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.
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May 06, 2025
FTC Commissioner Throws Cold Water On Antitrust Defenses
Newly minted Federal Trade Commissioner Mark R. Meador criticized several arguments frequently raised in antitrust cases during a speech Monday, including that company breakups are too extreme and that innovation can justify anticompetitive conduct.
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May 06, 2025
House OKs Economic Espionage Act Targeting Russia, China
The U.S. House of Representatives passed a bill that would give President Donald Trump the authority to sanction certain countries that support other foreign adversaries' military aims by providing trade secrets or proprietary information owned by American entities, in legislation crafted over Russia's purported reliance on technology from China.
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May 06, 2025
SEC Panel Says Easier Trading Would Rev Up 'Reg A'
A small business-focused committee advising the Securities and Exchange Commission expressed renewed support on Tuesday for easing secondary trading in connection with Regulation A, hoping to broaden the appeal of this lightly used alternative to an initial public offering.
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May 06, 2025
Judge Rejects DOJ's 'Jiggery-Pokery' On Refugee Admissions
A Washington federal judge has ordered the Trump administration to take immediate steps to facilitate travel and admissions for about 12,000 refugees blocked by the president's ban, saying the government was not free to disobey statutory and constitutional law and federal court orders.
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May 06, 2025
2nd Circ. Suggests Students Can Challenge Detention In Court
A Second Circuit panel on Tuesday voiced doubts about the U.S. Department of Justice's position that immigrant detainees cannot immediately file constitutional challenges in district courts, amid arguments by lawyers for two students that such a policy amounts to suspending the Great Writ.
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May 06, 2025
Nebraska Officials Renew Bid To Nix Medical Pot Legalization
Nebraska state officials have urged the state's highest court to overturn a trial judge's dismissal of a legal challenge seeking to void two voter-approved ballot referendums that legalized and regulated medical marijuana.
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May 06, 2025
CFPB Abandons Enforcement Of Buy Now, Pay Later Rule
The Consumer Financial Protection Bureau announced Tuesday that it will not prioritize enforcement actions taken on buy now, pay later products, adding to the list of positions the agency is reviewing or rolling back under the organization's new leadership.
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May 06, 2025
Treasury Bans Burmese Militia Group From US Business Deals
The U.S. Department of the Treasury sanctioned Burmese militia group the Karen National Army, its leader Saw Chit Thu and his sons Saw Htoo Eh Moo and Saw Chit Chit, banning them from doing business with any American entity or individuals.
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May 06, 2025
Pa. House OKs Pot Legalization Bill With State-Run Shops
Pennsylvania's House of Representatives approved on Tuesday a Democrat-backed bill to legalize recreational adult-use marijuana and regulate its sale through state-run stores.
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May 06, 2025
Army Base Teachers' Unions Sue Trump Over Executive Order
Unions representing schoolteachers on military bases have sued President Donald Trump, the U.S. Department of Defense and the U.S. Office of Personnel Management over a March executive order aimed at stripping them of their bargaining rights, asking a Washington, D.C., federal judge to invalidate the directive.
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May 06, 2025
Google Calls Proposed Ad Tech Breakup 'Unworkable'
Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
Mich. Judge To Extend Order Restoring Student Visa Records
A Michigan federal judge said Tuesday she would extend an April order restoring foreign students' terminated visa records after the students said they feared the administration could reverse course without a court order protecting their legal status.
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May 06, 2025
Trump Announces Mo., DC Judicial Nominations
President Donald Trump on Tuesday announced via Truth Social a slew of judicial nominees for Missouri and the District of Columbia.
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May 06, 2025
Actor Voight, Film Biz Adviser To Trump, Floats Tax Incentives
Actor Jon Voight, whom President Donald Trump tapped as an adviser on the Hollywood film industry, told Trump that tax incentives, international treaties and limited tariffs could revitalize production, while California Gov. Gavin Newsom separately floated a $7.5 billion federal film tax credit, according to statements shared Tuesday with Law360.
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May 06, 2025
State Officials Say CFPB Is Holding Up $4.2M Redress Checks
Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
National Security Atty Who Lost Clearance Sues Trump Admin
National security whistleblower lawyer Mark S. Zaid alleged in a suit this week that Donald Trump's administration stripped his security clearance as an act of political retaliation, and Zaid is backed by a big legal team that includes a new law firm that specializes in defending people in similar situations.
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May 06, 2025
Judge Warns He Wants 'Candor' In Free-Speech Removal Suit
A Massachusetts federal judge on Tuesday told counsel that he expects "absolute candor" as he presides over a suit challenging the Trump administration's practice of arresting and removing noncitizen students and faculty from the United States over pro-Palestinian speech.
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May 06, 2025
Sen. Judiciary Panel Clouds Prospects For DC US Atty Pick
It's looking more likely that Ed Martin, nominee for U.S. attorney for the District of Columbia now serving in an interim capacity, will not be confirmed before his short-term status is up.
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May 06, 2025
Senate Tees Up Vote Against FCC Wi-Fi Funding Plan
The Senate on Tuesday advanced a GOP bill to nullify the Federal Communications Commission's program to fund Wi-Fi hot spots for students off-campus through the E-Rate school and library subsidy.
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May 06, 2025
Newark Raises Safety Concerns About ICE Detention Center
The city of Newark told a New Jersey federal judge that the GEO Group has started housing immigration detainees at Delaney Hall, even though the city's building department found numerous safety concerns after conducting an initial visual inspection last month.
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May 02, 2025
Republicans Tout Bill To Make App Stores Verify Users' Ages
Two Republican lawmakers introduced a bill Thursday to protect minor app users by requiring app stores and developers to vet their ages through a verification process and seek parental consent before allowing them to download apps or make any purchases.
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.