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Public Policy
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
Conn. Justice Warns DMV Rule May Destroy Towing Program
If the Connecticut Department of Motor Vehicles is correct in its interpretation of how towing companies can be paid for certain services, a state police program for clearing wrecks will evaporate because participating will not be profitable, a justice of the state Supreme Court warned Thursday.
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May 15, 2025
SEC-Ripple Deal Hits Speed Bump With NY Judge
The New York federal judge who oversees the U.S. Securities and Exchange Commission's enforcement case against blockchain firm Ripple Labs declined Thursday to bless a deal that would truncate the penalties and injunctions she levied in her judgment, saying the request was made in a "procedurally improper" way.
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May 15, 2025
Trump Could Claw Back Defense Fees Under New Ga. Law
Georgia taxpayers could end up on the hook for President Donald Trump's legal expenses in his election interference case under a newly signed, Republican-backed state law that allows defendants to seek attorney fees when prosecutors are disqualified from their case.
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May 15, 2025
FTC Chair Says Staffing Cuts Needed After Hiring Spree
Federal Trade Commission Chairman Andrew Ferguson told lawmakers on Thursday that the previous administration hired too many agency staffers and said he is looking to reduce the workforce by around 16% while trying to avoid layoffs.
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May 15, 2025
NJ Toxic Spill Rule May Hamper Property Sales, Panelists Say
A New Jersey Department of Environmental Protection regulation expected to take effect this summer could slow property sales and lead to increased litigation as attorneys and real estate investors grapple with stricter requirements for reporting toxic spills, experts speaking Thursday at the State Bar Association's annual meeting in Atlantic City said.
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May 15, 2025
Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints
A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.
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May 15, 2025
Ex-Ohio Speaker Wins More Time To Retool Bribery Appeal
The Sixth Circuit Thursday granted former Ohio House of Representatives Speaker Larry Householder more time to iron out his bid for the court to reconsider its refusal to vacate his bribery conviction over the FirstEnergy nuclear bailout scandal that got him sentenced to 20 years in prison.
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May 15, 2025
Gov't Fights Expansion Of Transgender Passport Ruling
The U.S. State Department is fighting a request to expand to thousands of people a Massachusetts federal court's preliminary ruling ordering the government to issue or renew passports to six transgender or nonbinary people to reflect their gender identity.
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May 15, 2025
Feds' Memo In Filing Mishap Is Privileged, NY Judge Says
A New York federal judge has determined that the federal government's mistakenly filed memo in litigation over Manhattan's congestion pricing program is privileged and cannot be cited in the parties' arguments, but the memo won't be sealed because it's already been widely reported on.
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May 15, 2025
Texas Senate OKs Bill Allowing 1st Amend. Suits Against Bar
The Texas Senate has passed a bill prohibiting the state bar from creating policies that affect bar members' First Amendment rights.
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May 15, 2025
Judge Puts Buffer Between ICE And Tufts Student After Bail Order
A Vermont federal judge on Thursday said he will require U.S. Immigration and Customs Enforcement to provide at least 48 hours' notice to his court of any future plan to detain Tufts University doctoral student Rümeysa Öztürk, after her lawyers expressed concern that the government could attempt an end-run around his bail order.
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May 15, 2025
Covington Hires Former Trump Regulations Czar In DC
Covington & Burling LLP has hired President Donald Trump's former regulations czar, who has joined as an of counsel in its Washington, D.C. office, months after the president called for an immediate suspension of security clearances for any firm attorneys who represented former special counsel Jack Smith.
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May 15, 2025
11th Circ. Upholds Fla. Atty's COVID Relief Fraud Conviction
The Eleventh Circuit upheld the 75-month sentence given to a Florida lawyer for a COVID-19 loan fraud scheme, finding that the lower court did not err by admitting a co-conspirator's testimony about a threat the attorney allegedly made.
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May 15, 2025
Feds, Immigrants Spar Over Defense Dept. Role In Removals
A group of immigrants facing deportation to countries where they have no prior ties and may be at risk of harm urged a Massachusetts federal judge to add the U.S. Department of Defense as a defendant in their pending class action, a move the government says is unnecessary.
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May 15, 2025
Maryland Man Convicted Of Threatening Federal Judges
A Maryland man has been convicted of making violent threats to multiple federal judges after already serving time in prison for threatening other members of the bench, according to the U.S. Attorney's Office in Philadelphia.
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May 15, 2025
Nevada Resorts Want In On Kalshi Sports Betting Brawl
A trade group representing Nevada's powerful gaming and resort industries is aiming to line up against KalshiEx LLC in its suit against state regulators over its sporting event offerings, arguing that the online trading platform is attempting an end-around of federal gambling laws.
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May 15, 2025
'Tornado Cash' Indictment Largely Intact After Crypto Memo
A memo outlining the Trump administration's cryptocurrency enforcement priorities prompted federal prosecutors in Manhattan to slightly trim their indictment charging Tornado Cash founder Roman Storm with facilitating $1 billion of unlawful transactions via his crypto-mixer, a Thursday letter says.
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May 15, 2025
Senate Confirms Trump's Pick For EPA General Counsel
The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.
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May 15, 2025
Feds Freeze Parity Enforcement As Agencies Rethink Regs
Federal agencies said Thursday they will hold off on enforcing a rule requiring employer group health plans to analyze how they restrict coverage for mental health and substance use disorder treatments, citing ongoing litigation aimed at blocking the policy and broader plans to reevaluate enforcement priorities.
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May 15, 2025
C-Band Payment Clearinghouse Says Its Work Is Done
The Federal Communications Commission's C-Band Relocation Payment Clearinghouse is planning to wind down its operation by the end of June, saying it's "completed all substantive functions required" by the commission dating back to its 2020 order expanding use of the C-band for 5G.
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May 15, 2025
House Bill Aims To Nix FMLA Leave Cap For Married Couples
A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.
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May 15, 2025
Asset-Rich Menendez Associate Must Pony Up $1.8M Fine
A Manhattan federal judge on Thursday refused to adjust the payment schedule for a $1.75 million criminal fine for a New Jersey businessman who was convicted of bribing former U.S. Sen. Bob Menendez, citing his plentiful assets.
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May 15, 2025
Justices Say Context Matters When Evaluating Use Of Force
The U.S. Supreme Court on Thursday cleared the way for a civil rights lawsuit against a Houston-area traffic officer who shot and killed a fleeing man, ruling that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.
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May 15, 2025
Jenner & Block Hires Garland's Former Chief Of Staff
Matthew Klapper, who was chief of staff to former Attorney General Merrick Garland, has joined Jenner & Block LLP in the latest expansion of the firm's congressional investigations team, the firm announced Thursday.
Expert Analysis
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.