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Public Policy
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Nonprofits Urge More Money For Judge Security Amid Threats
Good government groups on Friday urged lawmakers to increase judicial security funding amid a wave of violent threats against judges, and to reject proposals that "undercut the judiciary's independence" like stripping judges of contempt powers and the ability to issue national injunctions.
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May 09, 2025
Trump Ousts Library Of Congress Leader
The Trump administration has fired Librarian of Congress Carla Hayden, the first woman and African American to hold the title, informing her in an email that her position was being terminated immediately without providing an explanation.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
McKernan Out As Trump's CFPB Pick, In For Treasury Role
President Donald Trump will pull Jonathan McKernan's nomination to run the Consumer Financial Protection Bureau and tap him instead for a top domestic finance job at the U.S. Treasury Department, a White House official confirmed to Law360 on Friday.
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May 09, 2025
Minn. Court Increases Prior Valuation Of Parking Lot By $900K
The Minnesota Tax Court increased the market valuation of a parking lot by $900,000 after reopening the record and adjusting the reversion rate to reflect the record, resulting in a slightly higher valuation.
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May 09, 2025
Former Executive Of Car Dealer Group Can't Duck FTC Suit
An Illinois federal judge has refused to toss a lawsuit brought by the Federal Trade Commission and the state of Illinois over claims that a former executive of a car dealership group oversaw deceptive trade practices that defrauded thousands of customers, saying he was unconvinced by the "underdeveloped and scattershot" arguments for dismissal.
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May 09, 2025
NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption
The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."
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May 09, 2025
Tufts Student Wins Bail As Judge Cites Free-Speech Concerns
A Vermont federal judge on Friday ordered the immediate release of a Tufts University doctoral student taken into custody outside her home in March by Immigration and Customs Enforcement, saying Rümeysa Öztürk had raised "very substantial claims of due process and First Amendment violations" by the government.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
CFPB's Vought Set To Ditch Dozens Of Guidance Docs
The Consumer Financial Protection Bureau's acting Director Russell Vought is withdrawing dozens of the agency's interpretive rules, policy statements and other guidance documents dating back to 2011, according to a Federal Register draft notice filed Friday.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
11th Circ. Told Fla. Voter 'Wet Ink Signature' Rule Isn't Legal
Multiple nonprofit organizations urged the Eleventh Circuit on Thursday to reinstate their challenge to Florida's rule requiring a "wet ink signature" on voter registration applications, saying the rule violates federal law and isn't useful in determining who's eligible to cast a ballot.
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May 08, 2025
Trump Can't Do 'End Run' To Stop Funds To Sanctuary Cities
A California federal judge said Thursday he's inclined to issue a clarification to his April 24 preliminary injunction blocking the Trump administration from withholding federal funds from "sanctuary" jurisdictions, saying he doesn't want an executive order President Trump issued April 28 used as an "end run" around it.
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May 08, 2025
Virginia Tribe Challenges Medicaid Suspension Notice
A Virginia tribe is asking a federal court to dismiss a state declaration supporting a notice that its Medicaid payments are suspended in its challenge over unpaid claims, arguing that the official lacks personal knowledge of the dispute and the document was tampered with.
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May 08, 2025
DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight
The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.
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May 08, 2025
OCC Axes Biden-Era Bank Merger Rule In Latest Reversal
The Office of the Comptroller of the Currency moved Thursday to roll back a Biden-era rule intended to dial up its scrutiny of proposed bank mergers, a reversal that comes amid a parallel repeal effort by Republicans in Congress.
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May 08, 2025
Senate Stablecoin Bill Stalls As Dems Pull Support
The Senate's proposal to regulate stablecoins failed a procedural hurdle on Thursday as Democrats pulled their support in hopes to negotiate stronger provisions, while Republican leaders accused holdouts of seeking to deny the Trump administration a bipartisan win around digital assets.
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May 08, 2025
Judge Seems To Favor Susman Godfrey In Trump Challenge
A D.C. federal judge appeared poised Thursday to allow Susman Godfrey LLP's challenge to President Donald Trump's executive order targeting the firm to proceed or to grant the firm a summary judgment win altogether, after she pressed a government attorney on the president's basis for alleging discrimination at the firm.
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May 08, 2025
Ex-Binance CEO Says He's Asked Trump Admin For A Pardon
Binance founder Changpeng Zhao said he has applied for a pardon from the Trump administration in the wake of a four-month prison term he served as part of a historic plea deal over the cryptocurrency exchange's anti-money laundering failures.
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May 08, 2025
Feds Urge High Court Not To Take Jury-Right Case
The government has asked the U.S. Supreme Court not to take up the case of a social media influencer who was denied a jury trial for a misdemeanor, arguing precedent and tradition show that "crimes" meriting a jury are distinct from petty offenses.
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May 08, 2025
CFPB Needs Stronger Controls On Supervisory Info, IG Says
A federal watchdog for the Consumer Financial Protection Bureau has called for the agency to tighten its controls on confidential information from its supervision of financial firms, finding gaps that could leave such data vulnerable to unauthorized access and exposure.
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May 08, 2025
Feds Float Sweeping Air Traffic Control Overhaul
The U.S. Department of Transportation on Thursday outlined an ambitious plan to overhaul the nation's air traffic control system by replacing antiquated telecommunications and radar networks, building new ATC towers and facilities, and boosting hiring.
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May 08, 2025
Instagram Head Says App 'Blends' Friends And Entertainment
The head of Instagram didn't shy away Thursday from Federal Trade Commission arguments about how Meta functions as a social media platform, testifying in D.C. federal court that sharing with friends and family is a key function, but part of a blended approach also focused on entertainment.
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May 08, 2025
Solicitor General Urges Justices To Let Immigrant Parole End
Solicitor General D. John Sauer on Thursday urged the Supreme Court to halt a Boston federal judge's order blocking the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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How Lenders Should Prepare For Crypto As Collateral
Amid the administration's desire to position the U.S. as a digital banking leader, lenders should prepare for customers seeking to use cryptocurrency as collateral for financing, consider which rules govern these transactions, and assess their ability to obtain or maintain control of the virtual funds, say attorneys at Frost Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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Calif. May Pick Up The Slack On Foreign Bribery Enforcement
The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.