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Public Policy
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May 01, 2025
Wartime Law For Gang Removals Barred In Texas, For Good
A Texas federal judge on Thursday permanently blocked the Trump administration from deporting alleged gang members from Venezuela under the 1798 Alien Enemies Act, ruling that the gang's activities in the U.S. cannot be regarded as an invasion.
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April 30, 2025
Susman Godfrey Urges Court To Reject Trump's Dismissal Bid
Susman Godfrey LLP has pressed a D.C. federal court not to kill the firm's suit challenging President Donald Trump's executive order targeting the firm, arguing that the government's "meritless" dismissal motion "goes to great lengths to distract from the indisputable truth" that the order is "blatantly unconstitutional."
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April 30, 2025
House GOP Bill To Cut CFPB Budget, Audit Board Clears Panel
The U.S. House Financial Services Committee on Wednesday approved Republican budget legislation that would strip most funding from the Consumer Financial Protection Bureau and wind down an independent audit regulator for public companies.
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April 30, 2025
CFPB Scraps More Cases, Curbs Small Biz Loan Rule Focus
The Consumer Financial Protection Bureau on Wednesday abandoned more lawsuits, including its Fifth Circuit appeal over a Biden-era policy that expanded the agency's anti-discrimination scrutiny of financial firms, and said it will not focus on enforcing a contested small business lending rule.
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April 30, 2025
Oil Group Drops Suit After DOI Says Leasing Redo Coming
The D.C. Circuit on Wednesday granted the American Petroleum Institute's request to dismiss a suit challenging the U.S. Department of the Interior's 2024–29 offshore oil and gas leasing program after the government promised to develop a more industry-friendly plan.
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April 30, 2025
Tariffs, FCPA Enforcement Pause Heighten Bribery Risk
President Donald Trump's decision to ratchet up tariffs and lower the guard on antibribery enforcement creates heightened risks for multinational companies, as employees potentially face pressure to avoid costly tariffs while conceiving there are fewer risks in going around the law to do so.
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April 30, 2025
DOJ Urges 11th Circ. To Restore FCA Whistleblower Provision
The U.S. Department of Justice told the 11th Circuit on Wednesday that a Florida federal judge was wrong to rule that the provision of the False Claims Act that lets whistleblowers bring suits on the government's behalf was unconstitutional, arguing that the judge erred in saying whistleblowers were an unappointed part of the federal workforce.
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April 30, 2025
NYPD Hit With Class Action Claiming Racial Bias In Gang List
Three men on a New York Police Department list of criminal gang members filed a putative class action alleging officers unconstitutionally surveil, detain and harass Black and Latino people on the list, civil rights groups said Wednesday.
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April 30, 2025
CEO Asked How Rivals Can Possibly Match Google Money
Google CEO Sundar Pichai testified Wednesday that the Justice Department's proposed monopolization fixes amount to a "de facto divestiture" of the company's entire search intellectual property, only for the D.C. federal judge to wonder how rival search engines could hope to match its financial resources.
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April 30, 2025
Calif. Bar Seeks Credits, Lower Pass Score After Exam Fiasco
The California Bar has asked the state's supreme court to help it account for rampant technical difficulties on the February 2025 bar exam by approving a lower passing score and allowing the bar to give test-takers credit for some questions they left blank.
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April 30, 2025
Feds Say Trump Has Broad Nat'l Emergency Tariff Powers
The Trump administration is urging the U.S. Court of International Trade to nix a lawsuit challenging President Donald Trump's power to impose his sweeping global tariffs, saying the plain text, history and purpose of an emergency law Trump invoked supported his authority.
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April 30, 2025
FCC Could Ban Foreign Adversaries' Testing Labs
The Federal Communications Commission plans to vote in May on whether to ban U.S. operations of telecom equipment test labs owned by foreign adversaries.
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April 30, 2025
Senate Bill Would Make FCC List Foreign Foes' Telecom Stakes
The U.S. Senate will consider a bipartisan bill to direct the Federal Communications Commission to publish a list of foreign adversaries' ownership stakes in regulated companies.
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April 30, 2025
Ga. Panel Backs Benefits For Worker Over COVID Safety
The Georgia Court of Appeals has backed a former salesperson in a long-running fight with the state's Department of Labor over its refusal to pay her unemployment benefits when she quit her job over her company's refusal to follow public health protocols during the pandemic.
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April 30, 2025
House Votes To Nix Two Calif. Air Emissions Waivers
The U.S. House of Representatives on Wednesday passed two Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, leaving the fate of the measures up to the Senate.
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April 30, 2025
FTC Transfer Stripped From House Judiciary Reconciliation
A provision to transfer the Federal Trade Commission's antitrust functions to the U.S. Department of Justice was stripped out of the House Judiciary Committee's budget reconciliation bill on Wednesday.
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April 30, 2025
Senate Rejects Bill To End Trump's Nat'l Emergency On Tariffs
The U.S. Senate narrowly rejected a bipartisan bill Wednesday that sought to end the national emergency declared by President Donald Trump to underpin his global tariff regime, with two senators absent for the vote, and with U.S. House consideration delayed until October.
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April 30, 2025
DOI Says Mich. Tribe's $1.5M Atty Fee Request Years Too Late
The U.S. Department of the Interior on Wednesday contested a bid for $1.5 million in fees from the Burt Lake Band of Ottawa and Chippewa Indians in a dispute over the process of being recognized as a federal tribe, telling a District of Columbia federal court that the amount requested was "staggering" and nearly five years too late.
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April 30, 2025
Tribes Say Calif. Sheriffs Illegally Raided Pot Grow Sites
Members of the Round Valley Indian Tribes are suing two California county sheriff's departments and the California Highway Patrol, alleging they violated state and federal law by conducting gunpoint raids on cannabis cultivation sites on tribal land without their permission.
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April 30, 2025
Amazon's Suit Over Soured Solar Deals Survives Dismissal
Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.
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April 30, 2025
Cos. Must Plan For China-Taiwan Risks, Ex-Trump Official Says
A former U.S. Treasury Department official warned Wednesday that U.S. firms should take a serious look at their business exposure to China and develop contingency plans in the event the country invades Taiwan, saying an escalation in the conflict between the U.S. and China would have devastating effects globally.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
Website Operators Challenge $102M FTC Judgment
Two former executives of On Point Global LLC urged the Eleventh Circuit to reverse a civil contempt sanction of $102 million for violating a prior injunction, arguing that the lower court should have held a hearing to allow them to present evidence in their favor.
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April 30, 2025
Ex-Atlanta IG Aims To Toss Lobbyist's Bank Subpoena Suit
The city of Atlanta's former inspector general asked a Georgia federal judge Tuesday to end a lobbyist and city contractor's suit against her over a corruption probe she launched into his dealings with the city, arguing that the Fourth Amendment provides no protections against subpoenas she issued for his bank records.
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April 30, 2025
Senate Bill Moves Ahead To Beef Up FCC Disaster Reports
A bipartisan bill to require the Federal Communications Commission release more data on disaster-related network outage reports cleared a U.S. Senate committee Wednesday.
Expert Analysis
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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.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.