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Public Policy
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April 22, 2025
Trump Appointees Raise Eyebrows At Trans Troop Ban
Despite a panel made mostly of Trump appointees, the D.C. Circuit seemed skeptical Tuesday morning as it heard out the government's argument for why it should be allowed to implement its ban on transgender troops in the military while litigation challenging that policy plays out.
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April 22, 2025
Kan. Tribe Fights Sheriff's Authority In Tribal Jurisdiction Suit
The Prairie Band Potawatomi Nation is disputing a county sheriff's bid in Kansas federal court to toss the Native American tribe's latest complaint in its suit claiming that he has repeatedly overstepped his authority by interfering with activities on reservation land.
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April 22, 2025
Florida Accuses Snap Of Violating New Kids Social Media Law
Florida's attorney general hit Snap Inc. with a lawsuit in state court on Monday, accusing the social media giant of violating the Florida Deceptive and Unfair Trade Practices Act by allowing illicit content to run rampant on Snapchat. The office demanded that Snap comply with a new state law banning children under 13 from such platforms.
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April 22, 2025
Judge Prods DOJ For Proof Of Bias In Colo. Clerk Prosecution
A Colorado federal judge on Tuesday was dubious of the state's claim that a statement of interest filed by the U.S. Department of Justice in a convicted county clerk's habeas case amounts to a "threat" against state prosecutors and the rule of law, but pressed the federal government on whether it has evidence state prosecutors were politically motivated.
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April 22, 2025
Instagram Founder Says Meta 'Starved' Co. After Acquisition
During testimony in the Federal Trade Commission's monopoly case against Meta on Tuesday, the founder of Instagram said his company was "starved" after being acquired by Facebook as Mark Zuckerberg grappled with "a lot of emotion" over Instagram siphoning users away from its parent company's flagship platform.
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April 22, 2025
Audit Finds Calif. Universities' Repatriation Efforts Still Slow
The University of California system, despite years of demands for compliance to a federal law designed to protect Indigenous burial sites, still lacks accountability and urgency to return to tribes the thousands of Indigenous remains and artifacts in its collections, according to a state audit on the process.
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April 22, 2025
Wind Farm Work Stoppage Raises Energy Project Risks
The Trump administration's recent move to freeze construction of a federally approved offshore wind farm has energy infrastructure developers concerned that their permits may not protect them from the government pulling the plug on their projects.
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April 22, 2025
Minn. Sues Over Funding Threats Tied To Trans Athlete Policy
Minnesota on Tuesday sued President Donald Trump to stop him from "bullying" transgender individuals after his administration threatened to pull federal school funding if the state does not reverse a formal opinion from its attorney general that allows children to participate in sports consistent with their gender identity.
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April 22, 2025
Justices Urged To Deny Jan. 6 Cops' Bid To Shield Identities
The U.S. Supreme Court should reject an appeal from Seattle cops who joined the Jan. 6 "Stop the Steal" demonstration in D.C. and now want to stay incognito, according to a former law school student on Tuesday who sought police records identifying the officers and who said U.S. Supreme Court rules require the officers to seek relief in Washington state court.
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April 22, 2025
US Intends To Proceed With Ariz. Copper Mine, Justices Told
The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.
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April 22, 2025
9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit
The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.
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April 22, 2025
District's $59M Building Contract Void Over Undisclosed Gifts
A state appeals court freed a West Texas school district from a suit over the termination of a $59 million construction contract, finding that the construction company didn't properly disclose multiple gifts to district employees.
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April 22, 2025
Wash. Appeals Panel Revives State Patrol Commute Pay Suit
Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.
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April 22, 2025
Reporters Extend Block On Plan Threatening Voice Of America
A D.C. federal judge on Tuesday extended an earlier order blocking the Trump administration from dismantling the agency that oversees Voice of America, saying the coalition of journalists, unions and a reporter advocacy group seeking the preliminary injunction demonstrated the likelihood of "irreparable harm" absent the relief.
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April 22, 2025
CFPB Waves White Flag In Prepaid Rule Fight With PayPal
The Consumer Financial Protection Bureau has abandoned its D.C. Circuit defense of a rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, walking away from an appeal of PayPal's legal challenge to the regulation.
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April 22, 2025
CFTC Wants Input On 24/7 Trading, Perpetual Contracts
The U.S. Commodity Futures Trading Commission is asking the public for feedback on how it should address the availability of 24-hour trading as well as so-called perpetual derivatives that are sometimes used to speculate on the price of cryptocurrencies.
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April 22, 2025
Trump Admin Fights Groups' Bid To Stop Library Agency Cuts
The Constitution vests President Donald Trump with the authority to reduce the size of the agency that disburses grants to U.S. libraries, the Trump administration told a Washington, D.C., federal judge, opposing two groups' attempt to reverse recent cuts to the Institute of Museum and Library Services.
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April 22, 2025
Panel Unsure If Suspension For Off-Campus Arrest Holds Up
A Washington appellate court panel on Tuesday asked if Washington State University had the authority to suspend a student charged with conspiracy to riot at an off-campus Pride parade, with one judge questioning if an anonymous tip was too speculative to launch a student conduct probe.
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April 22, 2025
Kalshi, Crypto.com Fight Md. Regulator On Sports Contracts
Trading platform KalshiEx LLC and the derivatives platform owned by Crypto.com have each sued Maryland gaming regulators for allegedly preempting federal authority with directives to shut down sports event contracts the agency contends are unregistered wagers.
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April 22, 2025
Insurer Says No Coverage For $668K Housing Funds Dispute
An insurer says it owes no coverage to a low-income housing nonprofit in an underlying dispute involving a Washington county that seeks to claw back nearly $668,000 that was allegedly paid out to ineligible recipients.
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April 22, 2025
Michigan Panel Remands Pot Cos.' Secret Meetings Suit
A suit challenging a Michigan city's cannabis licensing program should get a new airing at trial court, a state appellate court ruled Monday, saying the lower court erred by finding that the cannabis selection committee was not a "public body" subject to the state's Open Meetings Act.
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April 22, 2025
DOJ Says Google Ad Tech Win Supports Apple Antitrust Case
The U.S. Department of Justice told a New Jersey federal court its recent win against Google in the ad tech monopolization case supports allowing claims that Apple monopolizes smartphone markets to proceed.
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April 22, 2025
Judge Urged To Return Asylum Applicant Sent To El Salvador
Lawyers representing a class of young asylum-seekers told a Baltimore federal judge Tuesday that the federal government wrongly deported a 20-year-old Venezuelan asylum applicant to an El Salvador prison, arguing the Trump administration should be ordered to facilitate his return, just as it was in Kilmar Abrego Garcia's high-profile case.
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April 22, 2025
Phillips Steps Down As FERC Commissioner
Federal Energy Regulatory Commission Commissioner Willie Phillips stepped down from his role on Tuesday, paving the way for President Donald Trump to install a Republican majority at the five-member agency.
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April 22, 2025
Calif. Judge In Migrant Kids' Funding Suit Keeps Aid Flowing
A California federal judge denied Monday the Trump administration's request to dissolve a temporary restraining order blocking the government from cutting off migrant legal services programs for unaccompanied minors, rejecting the government's arguments that the stay runs afoul of a recent U.S. Supreme Court ruling.
Expert Analysis
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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.
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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.