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Public Policy
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June 04, 2025
FCC Republican Says He's Leaving Agency This Week
Nathan Simington, one of only two Republicans on the Federal Communications Commission, said Wednesday he will leave the agency at the end of this week.
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June 03, 2025
5th Circ. Weighs Constitutionality Of Banking In-House Courts
A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.
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June 03, 2025
9th Circ. Skeptical Tribe Can Circumvent DOI For Recognition
A Ninth Circuit panel appeared skeptical Tuesday of the Chinook Indian Nation's bid to revive its suit seeking a declaration that it's a federally recognized tribe, with all three judges doubting whether federal courts can make a determination usually made by the U.S. Department of the Interior.
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June 03, 2025
Calif. Suffers Setback In Tariff Suit, But Gets Shot At 9th Circ.
A California federal judge said Monday that the U.S. Court of International Trade has exclusive jurisdiction over California's lawsuit challenging President Donald Trump's recent tariffs, but declined the federal government's request to transfer the case to the CIT and instead dismissed the suit so that California can appeal her decision to the Ninth Circuit.
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June 03, 2025
Fla. Taking Halt Of Teen Social Media Law To 11th Circ.
A Florida federal judge on Tuesday blocked the state from enforcing a new law that would ban children 13 and under and restrict 14- and 15-year-olds from social media after finding the measure is likely unconstitutional, prompting the state's attorney general to immediately appeal the ruling to the Eleventh Circuit.
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June 03, 2025
Empire Wind Foes Target Feds' Reversal On Stop-Work Order
A coalition opposed to the Empire Wind project off New York and New Jersey sued the Trump administration Tuesday in New Jersey federal court, saying the administration never justified its decision to lift a stop-work order weeks after pausing construction.
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June 03, 2025
Saudi Adviser To Ministry Of Energy Joins Greenberg Traurig
Greenberg Traurig LLP has welcomed a public policy and regulatory lawyer who previously served as a senior adviser in the Kingdom of Saudi Arabia's Ministry of Energy to practice in the firm's Riyadh location.
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June 03, 2025
Trump Admin. Nixes Guidance Protecting ER Abortion Care
The Trump administration said Tuesday that it is rescinding post-Dobbs guidance from 2022 that emphasized medical providers' abortion care obligations under federal law and that assured federal law protected providers' clinical judgment, regardless of conflicting state laws or mandates.
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June 03, 2025
Prosecutors Take Second Stab At Convicting Dallas Developer
Federal prosecutors started a second run at convicting a Dallas real estate developer of bribing two city council members, telling a jury during opening arguments Tuesday that the developer had a "silent partnership" with elected officials in exchange for favors.
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June 03, 2025
Orgs. Urge Congress To Tackle Music Royalties On Radio
Radio is the one music platform that doesn't pay royalties for playing music, and it's about time that changes, several groups came together to tell Congress, suggesting a new bill aimed at preventing automakers from phasing out AM radio is the perfect buddy for the royalty legislation.
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June 03, 2025
9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban
The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.
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June 03, 2025
SEC Chair Says Next Steps On Crypto Regs Coming Soon
U.S. Securities and Exchange Commission Chair Paul Atkins indicated Tuesday that the agency is working toward proposing regulations for the cryptocurrency industry and that a key aspect of the work being done by a recently established crypto task force could be complete within a matter of months.
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June 03, 2025
MyPillow CEO Denies Defamation By Association At Colo. Trial
An attorney for MyPillow CEO Mike Lindell told a Colorado jury Tuesday that Lindell didn't control the allegedly defamatory statements that other conservative personalities made on his media platform, at the start of a trial on a former voting company executive's defamation claims.
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June 03, 2025
Pharma Group Can Pursue Challenge To Insulin Pricing Law
A Minnesota federal judge refused Tuesday to throw out a lawsuit over a state law requiring drugmakers to provide insulin to low-income diabetic patients, finding the drug industry's top lobbying group has plausibly alleged that a new registration fee imposed by the law could be unconstitutional.
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June 03, 2025
Senators Preview Possible National Injunction Reforms
A Senate hearing on Tuesday was marked largely by partisan fighting over whether federal courts have justifiably ruled against the Trump administration, but there were some hints that cooperation to rein in acknowledged litigation abuses such as forum shopping and universal injunctions might be possible.
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June 03, 2025
Ga. Seeks Chance To Defend New Social Media Age Limit Law
The state of Georgia asked a federal judge on Tuesday to hold off on blocking new state-imposed restrictions on minors' use of social media before they take effect next month, suggesting the court should at least unpack how the law might work in practice before deciding whether it violates the First Amendment.
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June 03, 2025
DC Judge Blocks Trump's Ban On Transgender Prisoner Care
A D.C. federal judge on Tuesday blocked the enforcement of a Trump administration executive order barring funding of gender-affirming care in federal prisons and granted class certification to a group of transgender inmates challenging the directive.
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June 03, 2025
Big 3 Wireless Companies Divvying Up UScellular, FCC Told
T-Mobile, AT&T and Verizon appear to be coordinating to split UScellular among themselves and the Federal Communications Commission needs to review the megadeals in their totality and not just individually, public interest groups said.
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June 03, 2025
Unsigned Copyright Certificates Raise Validity Questions
The Trump administration's dismissal of Shira Perlmutter as head of the U.S. Copyright Office, coupled with the ensuing legal dispute over who is leading the agency and whether the firing was lawful, has resulted in the office issuing copyright certificates without a signature, raising questions about whether those are valid.
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June 03, 2025
FCC Delays Cutoff For 4.9 GHz User Data As It Mulls 5G Intro
The Federal Communications Commission is giving public safety agencies with licenses in the public safety band an additional 30 days to share technical data about their existing radio operations, saying it wants the most accurate information available as it moves forward with reforms in the band.
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June 03, 2025
9th Circ. Wary Of Dormant Commerce Application To Cannabis
A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.
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June 03, 2025
4th Circ. Again Decertifies Marriott Data Breach Classes
The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.
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June 03, 2025
HHS, DOGE Accused Of Using Flawed Data In Mass Layoffs
Former federal workers laid off by the U.S. Department of Health and Human Services brought a putative class action Tuesday in D.C. federal court alleging their terminations were unlawful because they were based on "hopelessly error-ridden" personnel records, in violation of the Privacy Act.
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June 03, 2025
Wis. Village Wants Reversal Of Land Transfers To Tribal Trust
Hobart, Wisconsin, has asked a federal judge to undo a move by the U.S. Department of the Interior to place properties into a trust for the Oneida Nation, arguing that the transfers were made despite the village's claims of a biased administrative process.
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June 03, 2025
FCC Urged To Move Faster In Opening Upper C-Band
A Washington, D.C., think tank said the Federal Communications Commission should move quickly to open the upper C-band for mobile 5G use while maintaining protections for aircraft that use nearby airwaves.
Expert Analysis
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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Avoiding Pitfalls Around New Calif. Commercial Lease Law
A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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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.