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Public Policy
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
Univ. Groups Can Pursue Free-Speech Case Over Removals
A Massachusetts federal judge on Tuesday ruled that he will allow academic organizations to pursue their "novel" First Amendment claims against the Trump administration over the deportation of noncitizen faculty and students who expressed pro-Palestinian views.
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April 29, 2025
2 Dozen States Say DOGE Can't 'Dismantle' AmeriCorps
Two dozen states and the District of Columbia filed a lawsuit on Tuesday challenging layoffs and $400 million in funding cuts to the national volunteer agency AmeriCorps, alleging the Trump administration is trampling over Congress' authority by trying to dismantle the agency.
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April 29, 2025
CPB Sues Trump Admin Over Board Termination Emails
The Corporation for Public Broadcasting and its board asked a D.C. federal judge Tuesday to declare that the Trump administration had no authority to send emails purportedly terminating three of its five board members.
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April 29, 2025
Justices Scoff At Feds' Defenses In Mistaken FBI Raid Case
Supreme Court justices Tuesday appeared flummoxed by the government's "ridiculous" arguments it should be immune to a Georgia resident's lawsuit over a mistaken FBI raid on her house, but seemed unlikely to issue a blanket ruling on when an officer's discretion trumps their liability for injuries caused by their actions.
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April 29, 2025
Chicago US Atty Focusing On Local Cases Amid DC Priorities
Chicago's new interim U.S. attorney says he plans to keep the office's traditions and "Sunday brunch buffet" of sections alive and active in the Northern District of Illinois, even as he helps them thrive alongside his bosses' "very clear" priorities in Washington, D.C., and a personnel shortage in his office.
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April 29, 2025
Bessent Says EU Must Kill Digital Taxes For US Trade Deal
The U.S. government wants European countries to repeal digital service taxes before the European Union moves forward with trade negotiations, U.S. Treasury Secretary Scott Bessent said Tuesday.
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April 29, 2025
Pa. Officials To Face Juvenile Prison Abuse Suit, For Now
A federal judge ruled Tuesday that high-ranking officials from Pennsylvania's Department of Human Services must face a lawsuit filed by former inmates at a Delaware County juvenile correctional facility alleging widespread abuse, at least for now.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
Judge Blocks Fla. Migrant Law, Wants Briefs On TRO Violation
A Florida federal judge on Tuesday issued a preliminary injunction blocking enforcement of a state law criminalizing the entry of unauthorized migrants and set a show cause hearing on whether the attorney general should be held in contempt for possibly violating the judge's temporary restraining order against the law.
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April 29, 2025
South Korea Asks IMF To Aid Global Response To US Tariffs
As President Donald Trump continues to deploy tariffs, South Korea's deputy prime minister said that the International Monetary Fund should lean into its role as a "trusted policy adviser" to help address worldwide trade tensions and overall uncertainty.
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April 29, 2025
DC Judge Gives Due Process Pop Quiz In F-1 Visa Record Suit
A D.C. federal judge gave a surprise pop quiz on the Fifth Amendment's due process clause Tuesday over the Trump administration's termination of an Indian student's visa record, while excoriating the government's "non-process" in throwing the student's academic life into chaos.
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April 29, 2025
GenBioPro Can Defend FDA Approval In Mifepristone Suit
A Texas federal judge has allowed drugmaker GenBioPro to join a legal fight over access to the abortion drug mifepristone, finding that the company has a distinct interest in defending federal approval of the generic version of the medication.
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April 29, 2025
Pa. Attorney Gets 1 Year In Prison For Bankruptcy Fraud
A suspended attorney in the Philadelphia suburbs has been sentenced to a year and a day in prison after being convicted by a federal jury of participating in fraudulent schemes that involved stealing a house from a deceased couple's family.
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April 29, 2025
Dem Reps. Introduce Bill To Repeal Ban On Fed. Pot Studies
The co-chairs of the Congressional Cannabis Caucus on Tuesday introduced a bill to eliminate a portion of federal law blocking the Office of National Drug Control Policy from researching use of substances on Schedule I of the Controlled Substances Act.
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April 29, 2025
Mexico Put On Latest USTR Priority IP Watch List
The Office of the U.S. Trade Representative on Tuesday issued its annual global intellectual property report that has placed close trading partner Mexico on its list of countries to keep the closest eye on.
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April 29, 2025
Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.
A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.
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April 29, 2025
FERC Wrongly Greenlighted Kan. Grid Projects, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully approved a Kansas electric co-operative's transmission development projects despite rejecting a regional grid operator's plan to divide the costs of such projects, the D.C. Circuit heard Monday.
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April 29, 2025
Sullivan M&A Chief Sees Opportunities Amid Tariff Turmoil
After a rocky start to 2025, the mergers and acquisitions landscape is grappling with economic volatility, shifting trade policies and a complex regulatory environment. But even in a "choppy" market, there are always deals to be made, says Melissa Sawyer, global head of Sullivan & Cromwell LLP's M&A group and co-head of its corporate governance practice.
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April 29, 2025
Mayer Brown Loses $1M Fee Award For Death Row Case Work
A Texas state appellate court on Tuesday threw out roughly $1.2 million in attorney fees awarded to Mayer Brown LLP in its representation of a death row convict, finding that the law firm was not entitled to the funds under laws related to public information requests because it is not "liable" for the fees.
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April 29, 2025
Migrants Tell 1st Circ. 3rd Country Removals Can Be Limited
A class of immigrants has urged the First Circuit to reject the Trump administration's attempt to lift an order restricting deportations to countries where they have no prior ties, saying federal law does not bar injunctions concerning protection under the Convention Against Torture.
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April 29, 2025
Five Federal Pot Law Cases Sent Back To DC Superior Court
A District of Columbia federal judge has remanded to the city's Superior Court five cases from cannabis companies challenging the city's regulations after granting the companies' motion to dismiss all federal claims from the cases.
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April 29, 2025
Oklahoma Tribes Ask Court To Reopen Gaming Compact Row
Four Oklahoma tribes are asking a D.C. federal court to lift a more-than-yearlong stay in their suit challenging the state and federal governments over gaming compacts — aiming to renew a bid for a partial win in the dispute and saying developments and recent authorities in the case will further their action.
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April 29, 2025
Florida, 20 Other States Back FTC Commissioner Firings
A group of 21 Republican-led states and the Arizona Legislature are backing President Donald Trump's firing of two Democratic Federal Trade Commission members, telling the D.C. federal judge hearing the commissioners' case that the president has absolute authority over the commission.
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April 29, 2025
Automakers Get 15% Tariff Offset Under New Trump Order
President Donald Trump will sign an executive order Tuesday afternoon to provide automakers that produce and sell finished vehicles in the U.S. a 15% offset on future imported parts that face a 25% tariff for the next year.
Expert Analysis
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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.
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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.