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Public Policy
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May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.
A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
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May 16, 2025
23 States Win Order Halting Billions In HHS Public Health Cuts
A Rhode Island federal judge on Friday barred the Trump administration from cutting off billions of dollars in funding to state public health programs, determining the abrupt grant terminations likely violated congressional authority over spending.
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May 16, 2025
Judge Blocks Energy Department's Cap On Research Costs
A Boston federal judge blocked a U.S. Department of Energy policy capping research costs, saying the suit was "far from identical" to another case in which the U.S. Supreme Court rejected a challenge to education grant cuts.
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May 16, 2025
EEOC's Take On Trans Rights Conflicts With Law, Judge Says
The U.S. Equal Employment Opportunity Commission exceeded its authority when it laid out its worker-friendly take on the U.S. Supreme Court's Bostock opinion, a Texas federal judge found, striking down parts of agency anti-harassment guidance that interpreted the landmark ruling's implications for gay and transgender workers.
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May 16, 2025
DC Circ. Orders Closer Look At FTC's $5B Meta Privacy Deal
A D.C. Circuit panel ordered a lower court on Friday to take another look at the Federal Trade Commission's bid to modify a $5 billion privacy deal with Meta after the court found it lacked jurisdiction to review the changes the first time around.
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May 16, 2025
Ex-Labor Secretary Tom Perez Joins Mayer Brown In DC
Tom Perez, a former secretary of labor and assistant U.S. attorney general in the U.S. Department of Justice's Civil Rights Division under President Barack Obama, has joined Mayer Brown LLP's public policy, regulatory and government affairs practice in Washington, D.C., the firm announced Friday.
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May 15, 2025
Each Justice's Key Comments At Universal Injunction Args
U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.
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May 15, 2025
Judge Rescinds Refugee Order In Trump Shutdown Challenge
A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.
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May 15, 2025
Jenner & Block, WilmerHale Call Out Revoked Clearances
Jenner & Block LLP and WilmerHale have informed two D.C. federal judges that the government recently suspended some of their attorneys' security clearances, arguing that has thrown a wrench in the lawyers' ability to represent clients in cases and asking the courts to reverse the suspensions.
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May 15, 2025
CFPB Slashes Final Chopra-Era Fine From Over $2M To $45K
The Consumer Financial Protection Bureau on Thursday slashed an enforcement fine for Wise, a global money transfer fintech, by nearly 98%, shaving almost $2 million off a previous settlement for misleading customers about its fees and other costs.
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May 15, 2025
DC Circ. Questions Exchanges' Challenge To SEC Fee Caps
A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.
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May 15, 2025
Trump Media Pushes Presidential Immunity In Del. Hearing
President Donald Trump's social media company on Thursday continued to urge the Delaware Chancery Court to, at a minimum, pause a lawsuit brought by investors alleging that the platform going public cheated them out of their shares, arguing that "the power to sue the president, is the power to destroy the presidency."
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May 15, 2025
TikTok's Friends Features 'Set Off Alarm Bells' At Facebook
The head of Facebook echoed the testimony of other Meta Platforms Inc. executives who've described TikTok as their chief competitor on Thursday, pushing back against Federal Trade Commission monopolization claims by arguing in D.C. federal court that both social media giants have responded to competition from the other.
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May 15, 2025
Wis. Tribe Urges Army Corps To Reject Enbridge Line 5 Permit
Members of a Wisconsin tribe are urging the U.S. Army Corps of Engineers to deny Enbridge Energy Inc. a permit that will allow it to reroute its Line 5 pipeline around and upstream its reservation, arguing that, if allowed, hundreds of downstream wetlands and streams would be polluted by the project.
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May 15, 2025
Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights
An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.
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May 15, 2025
GOP Senators Say Gov't Should Ban Chinese Co.'s Routers
More than a dozen Republican senators have come together to urge the U.S. Department of Commerce to block the sale of Chinese-owned router-maker TP-Link's products in the United States, citing their growing fears about Chinese-made technology being used for espionage.
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May 15, 2025
11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block
Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.
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May 15, 2025
Live Nation's Atty Fails To 'Move The Needle' In Discovery Bid
A California federal judge appeared likely Thursday to stick with his tentative ruling that Live Nation's ticketing rivals can protect documents they say could facilitate the very conduct at issue in an antitrust case, telling an attorney for the company his arguments did not "move the needle."
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May 15, 2025
Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says
Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.
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May 15, 2025
Consumer Bid To Block Capital One-Discover Deal Falters
A California federal judge Wednesday rejected a group of consumers' last-minute bid to delay Capital One Financial Corp.'s impending purchase of Discover Financial Services, unpersuaded that the deal poses serious enough potential antitrust concerns to support a preliminary injunction.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
SEC, FINRA Staff Retract 2019 Statement On Crypto Custody
U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority staff on Thursday withdrew a joint statement from President Donald Trump's first term warning that existing consumer protection safeguards may not be effective or available for digital asset securities.
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May 15, 2025
Broadcasters, Wireless Biz Square Off Over 6 GHz Changes
Big Tech is defending the Federal Communications Commission's move to open the 6 gigahertz band to unlicensed wireless devices, calling attacks from broadcasters "meritless" and saying they've been "debunked" numerous times already.
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May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case
A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
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May 15, 2025
Durbin Says White House Skirting Blue-Slip Process For Noms
Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, raised concerns Thursday that the White House is not fully complying with the practice of giving both home state senators a de facto veto over nominees for U.S. attorney and district judgeships.
Expert Analysis
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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.
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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.