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Public Policy
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May 12, 2025
Deny 'ComEd Four' A 'Third Bite' At Posttrial Apple, Feds Urge
Prosecutors are asking an Illinois federal judge to disregard a former Commonwealth Edison CEO and three lobbyists' bid to use a recent U.S. Supreme Court ruling to try again to unwind their bribery convictions, arguing their motion is untimely and ignores the inapplicability of the high court's ruling, the jury instructions and "overwhelming evidence" proving their guilt.
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May 12, 2025
ICE Hits LA County With Subpoena Over Noncitizen Benefits
U.S. Immigration and Customs Enforcement said Monday it has issued a sweeping subpoena to Los Angeles County, demanding records — including immigration status — for recipients of California's Cash Assistance Program for Immigrants.
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May 12, 2025
Ex-Trump Attys Can't Dodge Jan. 6 In Ethics Case, Panel Told
The Michigan Attorney Grievance Commission has told a disciplinary panel the events of Jan. 6, 2021, should be open for discussion at a hearing for attorneys accused of violating ethics rules by filing a challenge to the state's 2020 election results, despite commissioners having no plans to elicit testimony about the protests.
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May 12, 2025
More Than Defaults: Google Judge Mulls AI, Search, Browsers
A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.
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May 12, 2025
No One Can Challenge Rehab Permit Deal, Conn. Tells Court
No one is aggrieved by a Connecticut agency settlement that granted a conditional approval to the operator of a substance abuse treatment facility, so no one can challenge it in court, the state attorney general's office argued Monday before the Connecticut Supreme Court.
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May 12, 2025
Ohio AG Will Ask 6th Circ. To Revive Social Media Age Limit
Ohio Attorney General Dave Yost announced Monday that he is appealing a federal court decision blocking the state's law barring social media companies from allowing children under 16 to create accounts without parental consent.
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May 12, 2025
DC Judge Declines To Block IRS From Sharing Info With ICE
A D.C. federal judge rejected Monday a trio of immigration advocacy groups' request to block the Internal Revenue Service from sharing with immigration enforcement agencies the names and addresses of people suspected of being in the country illegally.
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May 12, 2025
DHS To Terminate Temporary Protections For Afghans
The U.S. Department of Homeland Security is terminating temporary protections for Afghan nationals, Homeland Security Secretary Kristi Noem announced on Monday, saying that conditions in the country do not meet the requirements for a temporary protected status designation.
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May 12, 2025
Unions Tell Justices To Protect Privacy In Social Security Case
Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.
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May 12, 2025
Judiciary To Face House Members With $9.4B Budget Request
Top judiciary officials will make the case this week that they need $9.4 billion in discretionary spending for fiscal 2026, a 9.3% increase over fiscal 2025, in order to rectify past funding shortfalls and meet increasing challenges with judicial threats, among other things.
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May 12, 2025
Feds Should Relax CBRS Power Limits, Carriers Say
Telecom carriers asked the Federal Communications Commission to accept industry proposals to relax power limits for devices in the Citizens Broadband Radio Service in hopes of opening the prime spectrum for more rapid growth.
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May 12, 2025
20 AGs Suing HHS Move to Halt Cuts At 4 Affected Agencies
States challenging the Trump administration's plans for massive cuts to the U.S. Department of Health and Human Services are asking a Rhode Island federal court to block any planned terminations at four of the department's agencies and programs.
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May 12, 2025
Hedge Fund Group Urges Delay On New AML Rules
A top trade group representing hedge funds is urging the Trump administration to delay enforcement of new Treasury Department anti-money laundering rules applicable to investment managers, part of a broader attempt to persuade financial and securities regulators to slow down or rescind wide-ranging rules.
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May 12, 2025
Justice Souter Left His Mark On Arbitration, Too
Although former U.S. Supreme Court Justice David Souter, who died Thursday at the age of 85, was not known for his arbitration-related opinions, those that he wrote on the topic left a mark on the practice area that is still felt today.
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May 12, 2025
Budget Bill Would Let FCC Auction 600 MHz Of Spectrum
A sweeping budget bill teed up for a U.S. House of Representatives committee vote Tuesday would allow the Federal Communications Commission to auction at least 600 megahertz of spectrum rights for exclusive wireless company use.
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May 12, 2025
Calif. Tribe Can't Halt Decision On $700M Casino, Feds Say
The U.S. Department of the Interior has urged a D.C. federal court to reject a California tribe's bid to temporarily block the department's decision to rescind gambling eligibility for a $700 million casino project.
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May 12, 2025
Ex-Senators, Judges Support Business In Trump Tariff Fight
A stationery company challenging President Donald Trump's global tariffs has received support from former U.S. senators and retired federal judges who told a Florida federal court that the power to impose trade measures remains squarely with Congress.
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May 12, 2025
Full DC Circ. Won't Review Copyright Denial For AI-Created Art
The D.C. Circuit on Monday denied a computer scientist's request for a three-judge panel rehearing or en banc review of an order that found copyright law protects only human creations, nixing his appeal that attempted to obtain copyright for a two-dimensional artwork made by the computer scientist's artificial intelligence system.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Okla. Lawmaker Seeks Override Of Veto On Tribal Bill
A Democratic Oklahoma state representative is looking to win a legislative override of Republican Gov. Kevin Stitt's veto of a bill that would have provided state money to fund investigations of missing and murdered Indigenous people, the lawmaker's office said Monday.
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May 12, 2025
Texas Judge Suspended Over Vote Harvesting Indictment
A Texas county judge was suspended without pay Monday by the state's judicial disciplinary body in connection with a felony indictment charging her with taking part in a vote harvesting scheme related to the 2022 election.
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May 12, 2025
Texas Rep. Cuellar Argues He's Immune From Bribery Charges
U.S. Rep. Henry Cuellar, D-Texas, on Friday moved to dismiss a 14-count indictment accusing him of accepting bribes in exchange for political favors, arguing it violates the immunity representatives are afforded under the Constitution's speech and debate clause.
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May 12, 2025
Arnold & Porter Adds Former US Ambassador In DC
A veteran U.S. Department of State official with over 35 years of experience in federal government has made the move to Arnold & Porter Kaye Scholer LLP as a senior international policy adviser, the firm said Monday.
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May 12, 2025
Agencies Win Stay Of Mental Health Parity Rule Suit
A D.C. federal court on Monday agreed to stay a suit from a benefits-focused employer trade group seeking to block a recently finalized mental health parity rule, after the DOL and other federal agencies told the court they plan to rescind or modify the rule.
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May 12, 2025
US, China Agree To Temporarily Cut Soaring Tariffs
The U.S. will cut tariffs on most Chinese goods to 30% for 90 days while China will reduce tariffs on most U.S. goods to 10%, the countries announced Monday after the two governments agreed to relax soaring tariffs.
Expert Analysis
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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.
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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.