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Public Policy
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April 28, 2025
DC Circ. Restores Ban On CFPB Mass Layoffs Amid Appeal
A D.C. Circuit panel said Monday that the Consumer Financial Protection Bureau must refrain for now from mass employee firings, backtracking from a prior decision that the Trump administration had used to attempt a now-suspended layoff of nearly all the agency's staff.
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April 28, 2025
Feds' Bid To Spring False Biden Accuser Shot Down By Judge
A California federal judge rejected a request Monday by prosecutors to release a former FBI informant imprisoned for lying to federal agents that former President Joe Biden accepted bribes, saying he does not agree the court made a mistake at sentencing that should result in his release pending appeal.
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April 28, 2025
Pulled Decision Dooms Chicago Disposal Site Suit, Feds Say
The U.S. Army Corps of Engineers urged an Illinois federal judge to toss a suit challenging its decision to expand a disposal facility that stores sediments dredged from Chicago waterways now that it has withdrawn that decision.
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Court Urged To Reconsider Jurisdiction In Tribal Tariff Row
Blackfeet Nation members are asking a Montana federal judge to reconsider an order to transfer their challenge against President Donald Trump's tariffs on imports from Canada and abroad to the U.S. Court of International Trade, saying the decision is based on the constitutional question of the Indian commerce clause.
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April 28, 2025
DOJ Rips 'Flawed' Wartime Removals Order At 10th Circ.
The U.S. Department of Justice told the Tenth Circuit that no precedent exists for a Colorado federal judge's temporary restraining order to halt removals under the Alien Enemies Act for individuals the DOJ says are not designated under the wartime law.
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April 28, 2025
Wells Fargo Exits CFPB's Mortgage, Auto Loan Consent Order
Wells Fargo & Co. announced Monday it has exited a consent order it inked with the Consumer Financial Protection Bureau in a 2018 settlement that stemmed from allegations of improper practices in the bank's auto lending and mortgage divisions.
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April 28, 2025
FCC Tells Courts 5th Circ. Wrong To Kill $57M AT&T Fine
The Federal Communications Commission defended multimillion-dollar fines against T-Mobile and Verizon in letters to the D.C. Circuit and Second Circuit, urging the appeals courts not to heed the Fifth Circuit's toss of a related $57 million privacy fine against AT&T.
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April 28, 2025
Exec 'Can't Believe' X Offers Itself As Place For Friends
The Federal Trade Commission pressed executives and former leaders from X Corp., Strava, Pinterest and Reddit on Monday for all the things that distinguish their services from Meta Platforms Inc., painting Facebook and Instagram in D.C. federal court as effectively the only place to really connect with friends and family to show the social media giant's alleged monopoly.
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April 28, 2025
DOJ's Slater Outlines 'America First Antitrust' Priorities
The head of the U.S. Department of Justice's Antitrust Division said Monday that robust antitrust enforcement meshes with conservative principles, and the agency's priorities will be on pocketbook issues and protecting individual liberty online.
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April 28, 2025
DHS Says Visa Record Restored For Foreign Student In Wash.
The U.S. Department of Homeland Security told a Washington federal judge on Monday that a preliminary injunction was not needed to restore the student visa record of a University of Washington doctoral candidate from China, because U.S. Immigration and Customs Enforcement has already returned the student's status to active.
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April 28, 2025
Dallas Strip Clubs' Args Give Fed. Judge 'Déjà Vu All Over Again'
A Texas federal judge told a group of Dallas adult entertainment businesses they were retreading old ground in a bid to get a city ordinance forcing them to close during early morning hours thrown out, saying during a Monday hearing that the Fifth Circuit already rejected their arguments.
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April 28, 2025
Ga. Speaker Claims Immunity In Lawsuit Over Lawmaker Ban
Georgia Speaker of the House Jon Burns has asked a federal judge to free him from a lawsuit lodged by the constituents of a lawmaker who was barred from the chamber in January after calling Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."
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April 28, 2025
Gov't Reverses Position On Surgery For Trans Prisoners
The Trump administration is rejecting the federal government's previous stance that prison officials are constitutionally required to provide gender confirmation surgery to incarcerated people with gender dysphoria who request the treatment, noting the shift in recent statements to a Georgia federal court.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
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April 28, 2025
EPA Waiver Lifts Summer Ban On High-Ethanol Fuel Sales
The U.S. Environmental Protection Agency on Monday formally suspended the usual summer ban on sales of higher-ethanol gasoline blends, the fourth year in a row the agency has done so.
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April 28, 2025
Justices Open To New Combat Compensation Filing Window
A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.
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April 28, 2025
Judge 'Commandeered' VOA, DC Circ. Told
The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.
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April 28, 2025
Whitmer's Top Court Pick Helps Secure Her Judicial Legacy
Michigan Gov. Gretchen Whitmer made her second appointment to the state's highest court last week, and experts say the Democrat's latest pick locks in a liberal supermajority that is likely to be sympathetic to criminal defendants' rights.
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April 28, 2025
FCC Eyes New Power Limits For NGSO Satellites
The Federal Communications Commission on Monday floated new power limits for nongeostationary orbit satellites in a move the feds say could boost the availability of broadband service beamed from space, and that was requested by SpaceX.
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April 28, 2025
Trump To Target Sanctuary Cities With New Executive Order
President Donald Trump signed an executive order on Monday evening directing the attorney general and secretary of the U.S. Department of Homeland Security to publish a list of sanctuary cities, which are often found in Democratic states, as they "obstruct" the federal immigration efforts, according to the administration.
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April 28, 2025
Board Game Co., 11 Others Say Trump Tariffs Unconstitutional
President Donald Trump's tariffs exceed the constitutional authority of the executive branch, argued 12 American companies, including a manufacturer of tabletop games that are printed in China, urging a federal court to halt them.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
Cannabis Firms Say 'Rogue' CBP Can't Seize State-Legal Pot
A group of cannabis companies are urging a New Mexico federal court not to throw out their suit alleging that U.S. Customs and Border Protection wrongly seized products, money and vehicles at checkpoints, saying the "rogue agency" can't treat marijuana differently than every other federal agency does.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
Expert Analysis
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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.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.