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Public Policy
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April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books
The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.
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April 19, 2025
Justices Temporarily Block Removals Under Wartime Law
The U.S. Supreme Court on Saturday ordered the Trump administration to halt removals of alleged Venezuelan gang members detained in Texas under the 1798 Alien Enemies Act, pending further input from the court.
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April 18, 2025
Tufts Student's ICE Detention Fight To Proceed In Vermont
A Vermont federal judge ruled Friday that Tufts University graduate student Rumeysa Ozturk can fight her U.S. Immigration and Customs Enforcement detention in the state and not the Trump administration's choice of Louisiana, ordering the federal government to bring her back to Vermont no later than May 1.
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April 18, 2025
FDIC Eases Big Banks' 'Living Will' Requirements
The Federal Deposit Insurance Corp. moved Friday to spare large banks from certain requirements for what should go into the next version of their so-called living wills, saying it wants to put more emphasis on planning for quicker, potentially weekend sales of failing banks.
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April 18, 2025
WTO's Position In New Trump Administration Remains Unclear
The Trump administration's aggressive imposition of tariffs has laid the groundwork for an onslaught of likely toothless claims brought against the U.S. at the World Trade Organization, even as the U.S.' stance with the international body remains guarded at best.
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April 18, 2025
Venezuelans Ask High Court And 5th Circ. To Pause Removals
A group of Venezuelans detained in northern Texas launched a multipronged effort Friday to prevent the Trump administration from removing them to El Salvador under the Alien Enemies Act before they can have their day in court, asking the U.S. Supreme Court, the Fifth Circuit and two district courts for emergency relief.
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April 18, 2025
Trump Moves For More Power To Hire, Fire Federal Workers
The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."
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April 18, 2025
Google May See Some Light In The Ad Tech Ruling
The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.
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April 18, 2025
JPMorgan, BofA Face GOP Pressure Over Chinese Co.'s IPO
The chair of a China-focused U.S. House committee has urged Bank of America and JPMorgan Chase & Co. not to underwrite a Hong Kong initial public offering of Contemporary Amperex Technology Co. Ltd. over concerns the Chinese electric car battery maker is affiliated with the Chinese military.
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April 18, 2025
FCC Rejects Changes To 'Silkwave-2' Satellite Plan
The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.
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April 18, 2025
Colo. Says Telecom Fiber Installer Sued Too Soon
Whatever beef a telecom contractor has with the Colorado Department of Transportation, the venue for dealing with it is the dispute process the pair agreed on when the agency inked a deal for the company to carry out a fiber-optic installation for it, that agency told a state court.
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April 18, 2025
1st Circ. Upholds Massachusetts' Assault Weapons Ban
The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.
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April 18, 2025
Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed
Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.
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April 18, 2025
Cybersecurity Ruling Misconstrues Law, FCC Told
Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
AG Paxton Sues Dallas Over Firearms Ban At Arts Facilities
Texas Attorney General Ken Paxton has accused the city of Dallas in two lawsuits of violating the state's government code by prohibiting license to carry holders from having firearms on city properties.
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April 18, 2025
5th Circ. Says FCC Can't Fine AT&T $57M Without Trial
The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.
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April 18, 2025
Democratic AGs Say Trump Illegally Fired FTC Commissioners
Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause.
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April 18, 2025
High Court's Cornell Ruling Eases Path For ERISA Suits
The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.
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April 18, 2025
Tribal 'Window' For New Spectrum Licenses Defended At FCC
A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.
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April 18, 2025
Texas Panel Says State Can Pursue Block Of Pot Amnesty Law
A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.
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April 18, 2025
Ex-CFO Says He's 'Extremely Remorseful' Of $44M Fraud
The former chief financial officer of the Detroit Riverfront Conservancy said he is "extremely remorseful" and "ashamed" of his decade-long scheme of defrauding the nonprofit of more than $44 million, asking the court to consider other factors beyond "sensationalism" when sentencing him this month.
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April 18, 2025
Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit
Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."
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April 18, 2025
FTC's Southern Glazer's Pricing Case Preserved
A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.
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April 18, 2025
ACLU Sues To Restore Foreign Students' Immigration Status
The American Civil Liberties Union on Friday sued the federal government in New Hampshire, seeking to restore the F-1 status of more than 100 international students studying at universities in New England who had their visas revoked suddenly.
Expert Analysis
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Opinion
Admin Change May Help Reduce PTAB Invalidation Rates
It is not good for the U.S. patent system that the Patent Trial and Appeal Board finds all challenged claims to be unpatentable 70% of the time — but new leadership at the Commerce Department and U.S. Patent and Trademark Office may foster pro-patent policies and provide some relief, says Stephen Schreiner at Carmichael IP.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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3 Potential Developments That May Alter US Patent Rights
The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.
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Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
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8 Ways Cos. Can Prep For Termination Of Their Enviro Grants
The federal government appears to be reviewing energy- and infrastructure-related grants and potentially terminating grants inconsistent with the Trump administration's stated policy goals, and attorneys at DLA Piper provide eight steps that recipients of grants should consider taking in the interim.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.