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Public Policy
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June 25, 2025
Trade Court Cannot Stop Trump's Tariffs, Gov't Tells Fed. Circ.
The U.S. Court of International Trade hamstrung President Donald Trump in ongoing global trade negotiations when it blocked emergency tariffs he had imposed and deemed them unlawful, the government told the Federal Circuit on Tuesday, urging it to reverse the lower court's ruling.
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June 25, 2025
Copyright Office Won't Collapse Sans Perlmutter, Trump Says
The Trump administration has said the fired leader of the U.S. Copyright Office has not shown that the agency's operations "will grind to a halt" if she is not immediately reinstated and asked a D.C. federal judge to reject her motion for a preliminary injunction.
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June 25, 2025
Community College Fights DOJ's Bid To End Texas Dream Act
A Texas community college wants to intervene in the Trump administration's lawsuit challenging a state law allowing in-state tuition for unauthorized immigrants, arguing that the federal government colluded with the state to deprive the court of the opportunity to consider the law's constitutionality.
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June 25, 2025
Michigan Builders Sue State Over Energy Code Mandates
Michigan homebuilders have sued to challenge the state's adoption of new construction codes, saying the energy efficiency demands will make new homes more expensive.
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June 25, 2025
House Approps Bill Keeps Public Broadcast Warning System
U.S. House lawmakers are considering keeping $40 million intact next year for the Next Generation Warning System used by public broadcasters to get critical information to the public during emergencies.
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June 25, 2025
RI Allows Providence To Exceed Tax Levy Cap For Fiscal 2026
Providence, Rhode Island, may exceed the state's limit on property tax increases for the 2026 fiscal year under legislation signed by the governor.
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June 25, 2025
The 5 Big Enforcement Trends White Collar Attys Must Know
The Trump administration has made clear its intent to prioritize U.S. interests, eliminate transnational cartels and cut government fraud, waste and abuse — but questions remain about the administration’s approach to foreign bribery, crypto, public corruption, self-disclosure and clemency as we head into the second half of the year.
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June 25, 2025
DOL Says Trump Order Moots Contractor Wage Case
A Colorado federal court should throw out an outdoor group's challenge to a Biden-era mandate requiring federal contractors to pay a $15 minimum wage, the U.S. Department of Labor argued, saying President Donald Trump has rescinded the rule that the lawsuit challenges.
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June 25, 2025
3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'
Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.
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June 25, 2025
Fed's Powell Suggests Student Loans Too Hard To Discharge
Federal Reserve Chairman Jerome Powell told senators Wednesday that Congress might want to consider permitting greater dischargeability of student loans, questioning whether it is a "wise national policy" to treat such debt differently under the federal bankruptcy laws.
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June 25, 2025
NJ Rep. McIver Pleads Not Guilty In ICE Facility Incident
U.S. Rep. LaMonica McIver pled not guilty Wednesday in New Jersey federal court to assault and interference charges stemming from an incident at an immigration detention center in Newark on May 9.
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June 25, 2025
Spirit Flags Competition Concerns Over United-JetBlue Pact
Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.
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June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee
The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
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June 25, 2025
Pa. Wealth Manager Gets 8 Years For Stealing Client Money
A suburban Philadelphia wealth manager was sentenced Wednesday to just over eight years in prison for using nearly $25 million of his clients' money on properties, country club fees and luxury vacations, his counsel said.
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June 25, 2025
Mass. Atty Gets 18 Mos. For 'Greed' In Pot Shop Bribery Plot
A Massachusetts lawyer, whose conviction for attempting to bribe a police chief to endorse his client's retail cannabis license application had been partly reversed at the First Circuit, was re-sentenced Wednesday to 18 months in prison by a federal judge who said the attorney should have known better.
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June 25, 2025
FCC To Consult Tribes On Wireless Cos.' NEPA Petition
The Federal Communications Commission plans to consult with tribal governments on a wireless industry proposal to cut red tape associated with the National Environmental Policy Act for cell towers, following comments from Native American organizations blasting the plan and saying it would threaten sacred lands.
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June 25, 2025
Do Kwon Trial Judge Has Eye On Federal Crypto Legislation
Federal legislation that could codify stablecoins as payment-related assets — not securities — has the potential to impact the Manhattan U.S. attorney's $40 billion criminal case against Terraform founder Do Kwon, a federal judge said Wednesday.
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June 25, 2025
FCC Democrat Takes Civil Rights, Speech Issues To Rural Ky.
A Democratic member of the Federal Communications Commission recently visited rural Kentucky as part of an effort calling attention to civil rights and free speech issues that she says the agency has raised through recent actions.
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June 25, 2025
Biden WH Counsel, Civil Rights Atty Joins Cooley's DC Team
A former associate White House counsel to President Joe Biden, who has worked in the Senate and in leadership roles in higher education, has joined the litigation team at Cooley LLP, having served alongside some of his new colleagues while representing victims of the 2017 white supremacist rally in Charlottesville, Virginia.
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June 25, 2025
DOJ Sues Md. Federal Judges Over 'Lawless' Habeas Orders
The Trump administration is suing the Maryland federal district court and all of its judges over a standing order that temporarily staves off the deportation of detained noncitizens who file habeas petitions.
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June 25, 2025
Ore. Lawmakers OK Requiring Report On Property Taxes
The Oregon Legislature would issue a report on the state's property tax system and options to modernize it, including an analysis of two tax-limiting initiatives, under legislation approved by lawmakers.
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June 25, 2025
Ga. University Contract Lands Dorm Operator In Ch. 11
The Georgia affiliate of student and military housing provider Corvias filed for Chapter 11 protection in Delaware bankruptcy court Wednesday saying an unsustainable contract with Georgia's public universities has left it unable to support its $532 million in debt.
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June 25, 2025
Court Halts Trump Order Curbing Federal Union Bargaining
Several federal agencies must stop enforcing a part of President Donald Trump's executive order that would ax labor contracts covering agencies that have "national security" aims, a California federal judge ruled, finding unions showed they would suffer irreparable harm by losing collective bargaining rights.
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June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Wash. Judge Blocks Trump Admin's EV Charging Funds Freeze
A Seattle federal judge Tuesday issued a preliminary injunction blocking the Trump administration from withholding funds for electric vehicle charging infrastructure projects in 14 states, but stopped short of applying it to two other states and Washington, D.C., and stayed the order to give the administration time to appeal.
Expert Analysis
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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A 2-Step System For Choosing A Digital Asset Reporting Path
Under the Internal Revenue Service's new digital asset reporting regulation, each type of asset may have three potential reporting destinations, so a detailed testing framework can help to determine the appropriate path, says Keval Sonecha at Sonecha & Amlani.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape
In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.
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Foreign Countries Have Strong Foundation To Fill FCPA Void
Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement
Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.