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Public Policy
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May 01, 2025
Judge Told Data Would Let Rivals Mimic Google Search
An academic testifying for Google on Thursday told a D.C. federal court that the data sharing provisions being proposed as a fix in the search monopolization case would allow rivals to reverse engineer Google search and if not match the results, at least mimic them.
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May 01, 2025
'Fingers Crossed' At FCC As Court's Subsidy Ruling Closes In
There's plenty of hand-wringing at the Federal Communications Commission as a U.S. Supreme Court decision draws near over the legality of the revenue-raising scheme used to pay for more than $9 billion in broadband and phone service subsidies.
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May 01, 2025
NY School District Appeals Mascot Ban While Feds Investigate
A Long Island, New York, school district is appealing a decision that denied its bid to block a ban on the use of Indigenous mascots and names in public schools, while the federal government investigates the state's education department and board of regents alleging Civil Rights Act violations.
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May 01, 2025
States, Green Groups Look To Vacate NEPA Ruling
States that had asked the Eighth Circuit to revive vacated National Environmental Policy Act regulations are now abandoning their appeal because the White House has eliminated the standards — but they're still asking that a lower court's decision striking down the regulations be overturned.
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May 01, 2025
GOP Seeks To Stop 'Frivolous Lawsuits' With Reconciliation
The House Judiciary Committee approved along party lines a proposal they say will prevent "frivolous lawsuits" by barring courts from enforcing contempt citations for failure to comply with injunctions if the plaintiff has not posted a bond for litigation costs.
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May 01, 2025
DHS Urges Justices To Let Venezuelan Protections Be Undone
The U.S. Department of Homeland Security turned to the nation's highest court on Thursday, asking the justices to pause a nationwide injunction blocking the agency from undoing the Biden administration's extension of temporary protected status for Venezuela during its appeal.
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May 01, 2025
Wash. Justices Take Up Meta's $35M Political Ad Penalty
The Washington State Supreme Court has agreed to review a $35 million judgment for penalties and legal fees against Facebook parent company Meta for repeatedly running afoul of the state's political advertising transparency law.
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May 01, 2025
Industry Groups Want FCC Enforcement Rework
Five telecom industry groups asked the Federal Communications Commission on Thursday to revamp its enforcement policies after a recent Fifth Circuit decision wiped out a $57 million consumer data privacy fine against AT&T.
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May 01, 2025
Insurance Pros Stress Disaster Mitigation In Senate Hearing
A panel of insurance experts stressed in front of a U.S. Senate committee Thursday the importance of mitigation efforts, such as strengthening building codes and hardening homes, as the experts discussed how prices in the property insurance market have soared because of recent natural disasters across the country.
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May 01, 2025
CFPB, Lenders Float Deal To Vacate Medical Debt Rule
The Consumer Financial Protection Bureau has agreed to a proposed consent judgment that would vacate a Biden-era rule banning an estimated $49 billion in medical debt from credit reports, striking a deal with lender trade groups that sued in Texas federal court to block the rule.
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May 01, 2025
Senators Reintroduce Patent Eligibility, PTAB Reform Bills
U.S. Sens. Thom Tillis and Chris Coons on Thursday brought back two significant patent reform bills from last term that overall aim to make invalidating patents more difficult.
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May 01, 2025
Okla. DAs Say Tribes Can't Overrule State Court Opinion
Two Oklahoma district attorneys have urged a federal court to throw out Cherokee, Chickasaw and Choctaw nation lawsuits challenging the district attorneys' attempts to prosecute tribal citizens for crimes committed in Indian Country, arguing that their complaints wrongly seek to overturn a state criminal court opinion.
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May 01, 2025
3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions
The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.
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May 01, 2025
Multinationals Grapple With Tariff-Induced Pricing Issues
President Donald Trump's flurry of tariff actions since taking office has created new questions for multinationals and their transfer pricing tax planners, including how to properly account for cost increases associated with new duties in related party transactions.
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May 01, 2025
Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms
Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.
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May 01, 2025
Senate Votes To Strike EPA 'Once In, Always In' Rule Update
The U.S. Senate on Thursday voted to eliminate a U.S. Environmental Protection Agency rule aimed at restricting industrial facilities' harmful air emissions after being reclassified as a less severe pollution source.
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May 01, 2025
Colo. Fees Don't Violate TABOR, Appeals Panel Says
The enterprise fees in Colorado's state transportation package passed in 2021 do not violate the state's Taxpayer Bill of Rights, a state appeals court said Thursday, upholding a district court ruling and rejecting a challenge from a conservative group.
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May 01, 2025
RI Pot Rules Challenger Says Cause For Ditching Case Is Moot
A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.
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May 01, 2025
Payment Math Dooms Sandoz Price-Fixing Deal With Florida
A Connecticut federal judge on Thursday refused to put a bow on the deal the state of Florida struck with Sandoz AG and related defendants in three generic drug price-fixing lawsuits, ruling from the bench in Hartford that the settlement agreement "as written" would lead to exorbitant supplemental payments in the event that other states also reach deals to release their claims.
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May 01, 2025
9th Circ. Asked To Revisit Ruling On Guam Munitions Suit
A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.
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May 01, 2025
Masonry Exec Cops To $52M Amtrak Program Bribery Scheme
The owner of an Illinois-based masonry business awarded a federal contract to renovate Philadelphia's historic 30th Street Station admitted Wednesday to bribery charges in a case alleging he had his executives shower gifts on an Amtrak employee who then approved additional work that added $52 million to the project's cost.
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May 01, 2025
DOJ To Take Over Legal Services For Separated Families
The Executive Office for Immigration Review told a California federal judge it plans to take over the direct administration of legal access services for thousands of immigrant families that were separated under the first Trump administration's "zero-tolerance" policy.
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May 01, 2025
Senate Panel Delays A Vote On Martin Nomination For US Atty
The Senate Judiciary Committee on Thursday held off for now a vote to call for a hearing on Ed Martin's nomination for U.S. attorney for the District of Columbia, a move Democrats say would allow more time to review his record and, they hope, convince enough Republicans to help them block his nomination.
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May 01, 2025
Colo. Judge Resigns Amid Allegations Over Misuse Of Bench
A Colorado state judge resigned on Wednesday amid a disciplinary complaint accusing him of misusing his position to help a former client that he exchanged sexual and flirtatious texts with, telling an independent panel in a brief that it no longer needs to hear a disciplinary case against him.
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May 01, 2025
Prosecutor Says He Is Immune In Suit Over $850K Hemp Bust
A Tennessee district attorney general is urging a federal court to throw out a suit alleging he maliciously prosecuted a driver transporting $850,000 worth of hemp through the state, saying he has immunity to all the claims against him.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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What Del. Corporate Law Rework Means For Founder-Led Cos.
Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.
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Border Cash Transaction Rule Heralds Wider AML Crackdown
The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.
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Opinion
Congress Must Reform The PTAB To Protect Small Innovators
Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.