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Public Policy
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May 22, 2025
Judge Asks If DEI Is Now 'Homogeneity, Inequity And Exclusion'
A Massachusetts federal judge considering a challenge to the Trump administration's cuts to hundreds of National Institutes of Health grants pressed the U.S. Department of Justice on Thursday for its definition of diversity, equity and inclusion, at one point asking hypothetically whether the government's policy is now "homogeneity, inequity and exclusion."
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May 22, 2025
Pa. House Rep Asks 3rd Circ. For Immunity In Robocall Suit
Counsel for a member of the Pennsylvania House of Representatives told the Third Circuit on Thursday that a federal judge was wrong to conclude the lawmaker was not immune from a Telephone Consumer Protection Act lawsuit over recorded phone messages he sent to constituents.
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May 22, 2025
Columbia Student Says 2nd Circ. Backs Removal Challenge
A Columbia University student who says she is being unlawfully targeted by the Trump administration for deportation after attending a pro-Palestine demonstration told a New York federal judge that recent Second Circuit decisions bolster her challenge to her imminent detention.
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May 22, 2025
Marshals Pick Advances As Dems Seek Move From DOJ
President Donald Trump's nominee to lead the U.S. Marshals Service was voted out of committee on Thursday, the same day Democrats introduced legislation to move the agency from the executive to judicial branch to prevent the potential weaponization of the marshals.
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May 22, 2025
Michigan Seeks 6th Circ. Rehearing In Enbridge Pipeline Row
Michigan Gov. Gretchen Whitmer has asked the full Sixth Circuit to find she is protected by sovereign immunity from an Enbridge Energy lawsuit to halt her efforts to shut down an oil and natural gas pipeline.
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May 22, 2025
Chancellor Wants Del. High Court To Review 'DExit' Corp. Law
Delaware's chancellor wants the state's high court to weigh in on a constitutional challenge of the controversial corporate law overhaul signed into law in March in an attempt to stave off more corporate charter relocations and protect the state's legal industry and $2 billion in annual corporate franchise fees.
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May 22, 2025
BigLaw Firms Insist Trump Deals Are Legal, Don't Alter Values
Nine BigLaw firms including Skadden Arps Slate Meagher & Flom LLP, Latham & Watkins LLP and Kirkland & Ellis LLP have written to members of Congress defending controversial agreements they made with the Trump administration to avoid executive orders targeting the firms, according to letters obtained by Law360 on Thursday.
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May 22, 2025
2nd Suit Says Fla. Investigator Lied About Insurance Fraud
A Florida man accused of insurance fraud after helping a roofing company sign up customers whose homes suffered hurricane damage has sued the criminal investigator who referred the charges, telling a federal court that the investigator fabricated facts and intentionally misled state attorneys.
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May 22, 2025
NC City Council Member, Daughters Accused Of COVID Fraud
Federal prosecutors on Thursday accused a Charlotte city council member and her two daughters of filing bogus small business loan applications to obtain six figures in COVID-19 relief funds, some of which they allegedly used to throw the council member a birthday party.
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May 22, 2025
GOP FTC Drops Dems' Pepsi Price Discrimination Suit
The Republican-controlled Federal Trade Commission on Thursday dropped one of the last cases approved by agency Democrats before they handed over the gavel, abandoning a New York federal court complaint accusing Pepsi of giving a big box retailer better terms and promotional payments than smaller competitors.
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May 22, 2025
5th Circ. Denies Challenge To La. Oversight Of Carbon Wells
A Fifth Circuit panel said several environmental groups failed to show any imminent injuries stemming from a U.S. Environmental Protection Agency decision to approve Louisiana's plan to oversee carbon sequestration wells, and dismissed their challenge for lack of standing.
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May 22, 2025
Tribes Sue US Over $23B Used For Boarding School Program
A group of Indigenous nations has asked for class certification and an order that would require the U.S. to account for how much of the tribes' money was used in an estimated $23.3 billion appropriated by the federal government in connection with its past Indian boarding school programs.
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May 22, 2025
Conn. AG Targets 'Bootleg' Weight Loss Drug Sellers
Connecticut has launched a consumer protection lawsuit in state court against a Florida-based company and its owner, accusing them of peddling untested and unsafe, research-level, "bootleg" GLP-1 weight loss drugs to customers.
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May 22, 2025
Texas Lawmakers Clarify Exceptions To Abortion Ban
The Texas House of Representatives passed a bill on Thursday specifying that women experiencing life-threatening pregnancies don't have to suffer "any effects" before they can obtain an abortion.
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May 22, 2025
Ore. Lawmakers OK Renewed Historic Preservation Credit
An expired Oregon tax credit for historic preservation would be reauthorized and limited to commercial properties under legislation passed by the state Senate and headed to the governor.
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May 22, 2025
Contractor Settles DOJ's Aircraft Adhesive FCA Allegations
A federal contractor paid to make an external pod to carry communications equipment on military aircraft agreed to pay $512,000 to resolve allegations that it misrepresented or omitted important information regarding the adhesive used in a prototype as well as the testing procedures used on that prototype.
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May 22, 2025
Senior FCC Democrat Attends Final Monthly Meeting
Geoffrey Starks, the senior Democrat on the Federal Communications Commission, participated in his last agency meeting Thursday, where he announced he will leave the agency sometime within the next month.
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May 22, 2025
Mass. Judge Halts Trump's Bid To Slash Education Dept. Jobs
A Massachusetts federal judge on Thursday blocked President Donald Trump's attempt to lay off hundreds of U.S. Department of Education employees, finding that the administration's claims of wanting more efficiency are a mask for their actual goal of dismantling the department.
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May 22, 2025
High Court Declines To Narrow Reach Of Federal Fraud Law
The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.
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May 22, 2025
Split Supreme Court Blocks 1st Religious Charter School
A deadlocked U.S. Supreme Court left in place Thursday an Oklahoma state court ruling barring the launch of the nation's first religious charter school, leaving open questions about the constitutionality of excluding religious groups from participating in publicly funded charter school programs.
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May 21, 2025
Tribes Push To Preserve Challenges To Okla. Prosecutions
The Cherokee, Chickasaw and Choctaw nations are dialing up their opposition to two Oklahoma district attorneys' attempts to prosecute tribal citizens for crimes committed in Indian Country, telling a federal court that prior case law makes it "readily apparent" that these state actions can't stand.
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May 21, 2025
Fox Accuses Smartmatic Of Destroying 'Critical' Evidence
Fox News on Wednesday called for Smartmatic to be sanctioned, claiming that nearly two-dozen executives and other employees at the voting tech company destroyed "critical" evidence related to the company's defamation case against the television network, an accusation that comes a week after Smartmatic said Fox deleted relevant texts.
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May 21, 2025
Judge Prolongs Pause On Trump's HUD, DOT Grant DEI Limits
A Washington federal judge Wednesday extended a block on federal grant conditions limiting homelessness aid and transportation funding to recipients who align with the Trump administration's policies against diversity and inclusion programming, as nearly two dozen localities joined New York, San Francisco and others challenging the terms.
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May 21, 2025
'DIY' Rape Kit Ban Challenge Seems To Leave 9th Circ. Split
A Ninth Circuit panel appeared divided Wednesday over a company's appeal in its case challenging Washington state's ban on self-administered DNA collection kits for sexual assault survivors, with one judge remarking the product "doesn't do a whole heck of a lot" if the evidence isn't admissible in court.
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May 21, 2025
FTC Urges 8th Circ. Not To Pause In-House PBM Case
The Eighth Circuit should once again say no to a request to pause the Federal Trade Commission's in-house case accusing three pharmacy benefit managers of hiking up the price of insulin to line their own pockets, the agency has told the appellate court.
Expert Analysis
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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.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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SEC Confidential Review Process Provides Issuers Flexibility
The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Pending FCPA Trials Suggest About DOJ Priorities
Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.