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Public Policy
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May 05, 2025
NC AG Vies To Force MV Realty CEO To Cooperate With Probe
North Carolina Attorney General Jeff Jackson urged a state court to force Antony Mitchell, the CEO of real estate brokerage MV Realty, to cooperate with his office's investigative demand order relating to a home-selling agreement offered by another one of Mitchell's companies, the state's Department of Justice announced Monday.
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May 05, 2025
Gaming Operator Can't Undo Minn. Immunity Order, Court Told
Minnesota tribal casinos executives are urging a federal court to deny a motion by a commercial casino and horse racetrack operator to revisit an order dismissing its Class III lawsuit on sovereign immunity grounds, saying "the bitter competitor" ignores settled law to try and cure its "incurably defective action."
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May 05, 2025
Ex-NY Gov. Aide Can't Ax Foreign Agent Charges
A Brooklyn federal judge said Monday that a former aide to New York Gov. Kathy Hochul can't ditch charges of money laundering and acting as an unregistered agent of the Chinese government, saying prosecutors sufficiently alleged she knowingly used her position to advance that nation's interests.
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May 05, 2025
Feds Say Calif. Tribe's Challenge To Cig Ruling Is 'Fruitless'
The federal government is urging a California federal court not to pause a ruling affirming the Bureau of Alcohol, Tobacco, Firearms and Explosives' decision to place a native tribe on a noncompliance list over cigarette sales, saying the tribe shouldn't be able to upend the status quo as it pursues a "fruitless" appeal to the Ninth Circuit.
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May 05, 2025
California Sues Feds Over Koi Nation Land Trust Approval
California Gov. Gavin Newsom is asking a federal court to vacate a Department of the Interior decision to take 70 acres into trust for the construction of a proposed hotel and casino by the Koi Nation, arguing that without reversal, the state may forfeit any regulatory control over gaming on the site.
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May 05, 2025
Ga. Judge Extends Visa Protections For International Students
A Georgia federal judge has temporarily extended the restoration of the legal status of more than 130 current and former international college students who allege they were put at risk of deportation when their files were purged from a federal database.
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May 05, 2025
Trump Seeks 100% Tariff On Foreign-Made Movies
President Donald Trump asked his administration to place a 100% tariff on foreign-made movies, with a spokesperson telling Law360 on Monday that a final decision on the plan hadn't been made.
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May 05, 2025
Minn. Tribe Looks To Weigh In On 3,000-Acre Land Trust Row
The Mille Lacs Band of Ojibwe has asked a Minnesota federal judge to let it file a friend of the court brief in a county's case claiming the U.S. government wrongly accepted more than 3,000 acres of land into trust for the tribe.
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May 05, 2025
DHS Offers Migrants Financial Incentives To Self-Deport
The U.S. Department of Homeland Security announced Monday that it will foot part of the bill for immigrants to self-deport if they are in the country unlawfully by providing travel assistance and a $1,000 stipend.
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May 05, 2025
EU Prosecutors Expand Jurisdiction To Poland, Sweden
The European Public Prosecutor's Office's jurisdiction expanded to include Poland and Sweden with the swearing-in of prosecutors to represent both countries, the EPPO said Monday.
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May 05, 2025
Texas Rep. Cuellar, Wife Must Face Bribery Trial In Houston
U.S. Rep. Henry Cuellar, D-Texas, and his wife must face bribery and corruption charges in Houston, a federal judge has ruled.
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May 05, 2025
Trump Admin Defends Tariff Power In Toy-Makers' Challenge
President Donald Trump's administration urged a D.C. federal court to deny a request by toy companies to halt global tariffs, arguing the government is authorized to impose trade measures under the International Emergency Economic Powers Act.
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May 05, 2025
Calif. Chamber Gets Acrylamide Cancer Warnings Deleted
A California federal judge has sided with the state's Chamber of Commerce in a suit challenging Proposition 65's requirement that companies warn buyers about dietary acrylamide in their products, finding that it violates the First Amendment's protections against compelled speech.
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May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project
A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
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May 05, 2025
Groups Urge DC Circ. To Halt Noncitizen Registration Rule
Immigrants rights groups called on the D.C. Circuit to pause the Trump administration's interim final rule requiring all noncitizens to register with the federal government or face criminal prosecution, after a lower court declined to issue a preliminary injunction.
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May 05, 2025
Conn. Poised To Count Pro Bono Work As CLE Credits
The Connecticut Superior Court's rules committee on Monday advanced a plan that could allow attorneys to earn minimum continuing legal education credits by providing pro bono legal services, potentially placing the state among just three that allow lawyers to earn half their yearly requirements through volunteering.
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May 05, 2025
NJ AG Seeks Public Office Ban For Menendez Over Conviction
Former U.S. Sen. Robert Menendez should be banned from running for, applying for or holding any public office or employment in state or municipal government because of his corruption conviction in federal court last year, Attorney General Matthew J. Platkin told a New Jersey state court Monday.
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May 05, 2025
Fla. Voters To Decide On Property Tax Exemption For Ag Land
Florida will have voters decide via a statewide ballot measure during the state's next general election on a proposed amendment to the state constitution to exempt property on designated agricultural land from taxes under a House joint resolution approved by lawmakers.
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May 05, 2025
Calif. Justices Adjust Bar Exam Passing Score Amid Turmoil
In an en banc ruling, the California Supreme Court approved adjustments to the passing score for the state bar's embattled February bar exam in line with a formal request by the California Bar Association, resulting in the highest passing rates for the exam in close to five years.
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May 05, 2025
Justice Dept. Seeks To Nix ABA Suit Over Terminated Grants
The U.S. Department of Justice has moved to throw out the American Bar Association's lawsuit over the termination of grants to the ABA's Commission on Domestic and Sexual Violence, arguing the courts lack power to force the government to honor a contractual obligation.
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May 05, 2025
Former FEC Commissioner Joins BakerHostetler In DC
BakerHostetler announced Monday that a former chairman of the Federal Elections Commission has joined as a partner in its Washington, D.C., office to bolster its appellate and political law prowess.
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May 05, 2025
American Airlines Sues Chicago Over O'Hare Gate Space
American Airlines said in a lawsuit filed Friday in Illinois federal court that the city of Chicago breached its contract with the airline in reassigning gate space at O'Hare International Airport in a way that favors competitor United Airlines.
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May 05, 2025
Agri Stats Wants Judge Recused From DOJ Case
Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.
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May 05, 2025
Jerome Gorgon Jr. Appointed Detroit's Interim US Attorney
Detroit native Jerome F. Gorgon Jr. has been appointed as interim U.S. attorney for the Eastern District of Michigan, where he has prosecuted terrorism, violent crime and immigration for about 15 years, the office announced Friday.
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May 05, 2025
DC Circ. Urged To Revisit Copyright Denial For AI-Created Art
A computer scientist challenging the U.S. Copyright Office's requirement that only humans are eligible to register works has asked the full D.C. Circuit to review a three-judge panel's decision that rejected his arguments for why a two-dimensional artwork created by an artificial intelligence system he invented should be registered.
Expert Analysis
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Opinion
US Reassessment Of OECD Tax Deal Is Right Move
The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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The Path Forward For Construction Cos. After Calif. Wildfires
The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.