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Public Policy
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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.
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April 30, 2025
Tribes Join Push For High Court To Review Ariz. Tax On Plant
Arizona misinterpreted federal law and threatened the sovereignty of a Native American tribe with its taxation of a natural-gas-powered plant that sits on a reservation, the tribe told the U.S. Supreme Court in a brief Wednesday.
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April 30, 2025
TikTok Exec Calls Facebook, Instagram 'Complements'
A TikTok executive said Wednesday that his company views Facebook and Instagram as "complements" to the Chinese-owned short-form video platform rather than direct competitors playing in the same market, in testimony that largely supported the Federal Trade Commission's claim that Meta dominates personal social networking services.
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April 30, 2025
Coinbase Urges Justices To Take User's IRS Data Seizure Suit
Crypto exchange Coinbase on Wednesday urged the U.S. Supreme Court to firm up privacy rights around digital information stored with third parties, backing a petition by a Coinbase user who's challenging the Internal Revenue Service's seizure of his account records.
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April 30, 2025
'Life Of The Mother' Abortion Bill Clears Texas Senate
Texas senators unanimously passed a bill Tuesday aiming to clarify when doctors can perform abortions to save the lives of pregnant women.
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April 30, 2025
Akin Atty Returns To FCC To Lead Wireline Bureau
After three years in private practice, the Federal Communications Commission has welcomed an Akin Gump Strauss Hauer & Feld LLP attorney back to the agency as the newest head of the commission's Wireline Competition Bureau.
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April 30, 2025
Creek Say Tulsa Jurisdictional Row Is 'Federal To The Core'
The Muscogee (Creek) Nation continues to fight attempts by Tulsa County, Oklahoma, its sheriff and a district attorney to assert criminal jurisdiction on the tribe's reservation, telling a federal court that the Tenth Circuit and U.S. Supreme Court support its jurisdictional authority.
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April 30, 2025
Army Fights Neb. Tribe's Bid To Repatriate Children's Remains
The U.S. Army is fighting an appeal by a Nebraska tribe to undo an order denying the repatriation of two of its children buried at a Pennsylvania boarding school cemetery, telling the Fourth Circuit that the lawsuit fails to allege facts under a law designed to protect Indigenous burial sites.
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April 30, 2025
Judge Says Gov't Can't Move Deportees To Avoid Due Process
A Massachusetts federal judge on Wednesday amended his order requiring that deportees receive meaningful due process before being removed to countries where they have no prior ties to explicitly state that the government cannot escape the requirement by transferring custody to the U.S. Department of Defense or another agency.
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April 30, 2025
Columbia Student Released On Bail After Judge's Order
Columbia University student Mohsen Mahdawi, who was arrested by U.S. Immigration and Customs Enforcement at his citizenship interview in mid-April, was released on bail on Wednesday following a Vermont federal judge's order.
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April 30, 2025
Fox, Smartmatic Trade Barbs In $2.7B Suit As Both Seek Win
Both sides asked a New York state judge Wednesday to grant them victory in Smartmatic's $2.7 billion defamation lawsuit against Fox News, with the voting tech company accusing Fox of a malicious "betrayal of the truth" while the network argued there was no evidence its election fraud claims caused Smartmatic's "business failure."
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
US Economy Shrank 0.3% In First Quarter As Imports Surged
U.S. gross domestic product fell at an annual rate of 0.3% in the first quarter of 2025 as importers stockpiled goods in advance of President Donald Trump's global tariff regime, the U.S. Department of Commerce announced Tuesday.
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April 30, 2025
Feds Barred From Reviving 'Unlawful' Tornado Cash Sanctions
A Texas federal judge has permanently barred the U.S. Department of the Treasury from enforcing its now-dissolved sanctions on crypto mixer Tornado Cash after the advocates who challenged the designation argued the government's removal of the sanctions wasn't enough.
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April 30, 2025
Local Gov'ts Say FCC Must Tread Lightly On Deleting Regs
The FCC is flying by the seat of its pants a little too much as it seeks to slash unnecessary regulations, a coalition of local governments have come together to tell the agency, saying that the docket "does not meet the requirements of the Administrative Procedure Act."
Expert Analysis
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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.
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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.