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Public Policy
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May 14, 2025
8th Circ. Dismisses North Dakota Native Voting Rights Dispute
An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.
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May 14, 2025
Wisconsin Lake Homeowners Amend Tribal Tax Burden Suit
Four lake homeowners and an association have amended a suit against local governments in the Menominee reservation in northern Wisconsin, claiming the tribe has sought to grow the amount of tax-exempt land while leaving owners of taxable homes to pay more than their fair share.
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May 14, 2025
Harvard Researcher Charged With Smuggling Amid ICE Case
Federal prosecutors on Wednesday unsealed criminal smuggling charges against a Russian national and Harvard Medical School researcher who has been challenging her monthslong detention by U.S. Immigration and Customs Enforcement after she returned to the U.S. from Europe carrying frog embryos.
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May 14, 2025
CFTC Forex Case Dismissed Over Sanctioned Conduct
A New Jersey federal judge on Wednesday approved sanctions against the U.S. Commodity Futures Trading Commission, one day after a special master's report said the agency acted in "bad faith" to gain a "tactical advantage" over a foreign exchange firm it accused of fraud.
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May 14, 2025
Risks Abound For Higher Ed As Top Court Ruling Turns 2
Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.
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May 14, 2025
9th Circ. Says Trustee Is Liable Under New Social Media Test
A California school board member violated the First Amendment when she blocked two parents from making comments on her public Facebook and Twitter pages, the Ninth Circuit ruled Wednesday, reaffirming a district court's judgment after applying the U.S. Supreme Court's new state-action test.
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May 14, 2025
Fintech Group OK'd To Defend CFPB Open-Banking Rule
Fintech industry group the Financial Technology Association received the green light on Wednesday to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing legal challenge from the banking industry.
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May 14, 2025
Texas Judge Latest To Bar Removals Under Wartime Law
A Texas federal judge joined a chorus of other courts that have slammed the brakes on President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States, saying the policy likely violates a slew of federal laws.
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May 14, 2025
Houston Midwife Says AG Has No Evidence To Close Clinics
A Houston-area midwife who was arrested earlier this year on a charge of providing an illegal abortion is arguing to a state appellate court that Texas Attorney General Ken Paxton "came nowhere close to meeting the state's burden" in his bid to shut down her clinics.
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May 14, 2025
Newsom Blames 'Trump Slump' As Calif. Faces $12B Shortfall
California's fiscal situation has changed for the worse since January, Gov. Gavin Newsom said Wednesday, putting the blame on what he said was a "Trump slump" that has resulted in lower capital gains tax collections.
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May 14, 2025
Fla. High Court Asked If Parents Can Dispute Kids' Abortions
A Florida appellate court on Wednesday upheld a decision denying a 17-year-old to terminate her pregnancy without her father's consent, but certified a question of great public importance on whether parents have due process rights under the state's maturity and best-interest judicial waiver procedures.
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May 14, 2025
House Committee Tees Up FCC Auction Reauthorization
While the House Energy and Commerce Committee on Tuesday was voting to clawback billions of dollars earmarked during the Biden administration for climate spending, it also managed to tee up a provision allowing the FCC to auction off spectrum once again.
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May 14, 2025
Farm Groups Fight Further Delay In H-2A Wage Rule Suit
Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.
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May 14, 2025
Trump's Unorthodox US Atty Picks May Face Learning Curve
While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.
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May 14, 2025
Pa. Justices Seem OK With Transit Crimes Special Prosecutor
Elements of Pennsylvania's Constitution seem to support the Legislature's ability to single out Philadelphia and its district attorney, Larry Krasner, for special treatment in a law establishing a "special prosecutor" for crimes committed within its regional transit agency, several state Supreme Court justices suggested during arguments on Krasner's challenge to the law Wednesday.
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May 14, 2025
FERC Chair Floats Plan To Slash Grid Project Perks
The Federal Energy Regulatory Commission's approval of financial perks for $3 billion worth of transmission projects has prompted Chair Mark Christie to suggest a way to scale back the awarding of additional rate incentives to grid developers.
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May 14, 2025
Trump Scraps Biden-Era Restrictions On AI Chip Exports
The U.S. Department of Commerce announced Tuesday it has rescinded guidelines on artificial intelligence technology exports issued under former President Joe Biden, saying it would take other steps "to strengthen export controls" on AI semiconductor chips.
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May 14, 2025
10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law
A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.
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May 14, 2025
EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs
The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.
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May 14, 2025
States Ask Court To End Trump's Wind Project Freeze
A coalition of states on Wednesday asked a Massachusetts federal judge for a preliminary injunction ordering the Trump administration to end its freeze on wind energy project permitting, saying the policy could erase nearly $100 billion in investments and cost 40,000 jobs if left in place throughout the president's term.
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May 14, 2025
DC Judge Restores Canceled ABA Domestic Violence Grants
A D.C. federal judge on Wednesday reinstated terminated federal grant funding for the American Bar Association's Commission on Domestic & Sexual Violence, finding that "the First Amendment prohibits the type of reprisal DOJ appears likely to have taken."
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May 14, 2025
Judiciary To Share Pros, Cons Of AI For Courts With Congress
The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.
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May 14, 2025
CFTC's Mersinger Will Depart Agency To Lead Crypto Lobby
U.S. Commodity Futures Trading Commissioner Summer Mersinger is leaving the agency to lead cryptocurrency industry group the Blockchain Association, the organization announced Wednesday.
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May 14, 2025
RFK Jr. Defends HHS Cuts, Pledges To 'Spend Smarter'
In his first appearance on Capitol Hill since his confirmation, U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday characterized a massive reorganization and reductions in workforce as practical moves to optimize the sprawling agency.
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May 14, 2025
DOJ Says No Hiring Private Counsel From Firms Suing US
Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.
Expert Analysis
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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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.