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Public Policy
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April 18, 2025
Tufts Student's ICE Detention Fight To Proceed In Vermont
A Vermont federal judge ruled Friday that Tufts University graduate student Rumeysa Ozturk can fight her U.S. Immigration and Customs Enforcement detention in the state and not the Trump administration's choice of Louisiana, ordering the federal government to bring her back to Vermont no later than May 1.
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April 18, 2025
FDIC Eases Big Banks' 'Living Will' Requirements
The Federal Deposit Insurance Corp. moved Friday to spare large banks from certain requirements for what should go into the next version of their so-called living wills, saying it wants to put more emphasis on planning for quicker, potentially weekend sales of failing banks.
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April 18, 2025
WTO's Position In New Trump Administration Remains Unclear
The Trump administration's aggressive imposition of tariffs has laid the groundwork for an onslaught of likely toothless claims brought against the U.S. at the World Trade Organization, even as the U.S.' stance with the international body remains guarded at best.
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April 18, 2025
Venezuelans Ask High Court And 5th Circ. To Pause Removals
A group of Venezuelans detained in northern Texas launched a multipronged effort Friday to prevent the Trump administration from removing them to El Salvador under the Alien Enemies Act before they can have their day in court, asking the U.S. Supreme Court, the Fifth Circuit and two district courts for emergency relief.
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April 18, 2025
Trump Moves For More Power To Hire, Fire Federal Workers
The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."
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April 18, 2025
Google May See Some Light In The Ad Tech Ruling
The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.
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April 18, 2025
JPMorgan, BofA Face GOP Pressure Over Chinese Co.'s IPO
The chair of a China-focused U.S. House committee has urged Bank of America and JPMorgan Chase & Co. not to underwrite a Hong Kong initial public offering of Contemporary Amperex Technology Co. Ltd. over concerns the Chinese electric car battery maker is affiliated with the Chinese military.
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April 18, 2025
FCC Rejects Changes To 'Silkwave-2' Satellite Plan
The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.
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April 18, 2025
Colo. Says Telecom Fiber Installer Sued Too Soon
Whatever beef a telecom contractor has with the Colorado Department of Transportation, the venue for dealing with it is the dispute process the pair agreed on when the agency inked a deal for the company to carry out a fiber-optic installation for it, that agency told a state court.
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April 18, 2025
1st Circ. Upholds Massachusetts' Assault Weapons Ban
The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.
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April 18, 2025
Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed
Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.
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April 18, 2025
Cybersecurity Ruling Misconstrues Law, FCC Told
Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
AG Paxton Sues Dallas Over Firearms Ban At Arts Facilities
Texas Attorney General Ken Paxton has accused the city of Dallas in two lawsuits of violating the state's government code by prohibiting license to carry holders from having firearms on city properties.
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April 18, 2025
5th Circ. Says FCC Can't Fine AT&T $57M Without Trial
The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.
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April 18, 2025
Democratic AGs Say Trump Illegally Fired FTC Commissioners
Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause.
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April 18, 2025
High Court's Cornell Ruling Eases Path For ERISA Suits
The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.
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April 18, 2025
Tribal 'Window' For New Spectrum Licenses Defended At FCC
A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.
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April 18, 2025
Texas Panel Says State Can Pursue Block Of Pot Amnesty Law
A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.
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April 18, 2025
Ex-CFO Says He's 'Extremely Remorseful' Of $44M Fraud
The former chief financial officer of the Detroit Riverfront Conservancy said he is "extremely remorseful" and "ashamed" of his decade-long scheme of defrauding the nonprofit of more than $44 million, asking the court to consider other factors beyond "sensationalism" when sentencing him this month.
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April 18, 2025
Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit
Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."
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April 18, 2025
FTC's Southern Glazer's Pricing Case Preserved
A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.
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April 18, 2025
ACLU Sues To Restore Foreign Students' Immigration Status
The American Civil Liberties Union on Friday sued the federal government in New Hampshire, seeking to restore the F-1 status of more than 100 international students studying at universities in New England who had their visas revoked suddenly.
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April 18, 2025
NC Can't Appeal Bias Ruling In Death Row Case, Justices Told
A Black man who won a seminal case proving racial bias tainted the jury selection process in his capital murder trial is fighting prosecutors' efforts to undo the ruling, telling North Carolina's highest court the state has no statutory right to appeal.
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April 18, 2025
Ore. AG Sues Coinbase In Bid To Fill 'Enforcement Vacuum'
Oregon's attorney general on Friday sued crypto exchange Coinbase and called on states to fill the "enforcement vacuum left by federal regulators" like the U.S. Securities and Exchange Commission, which have dropped cases under the Trump administration.
Expert Analysis
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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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.