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Public Policy
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April 18, 2025
Federal Cannabis Law Reform Eyed In Bipartisan Push
A bipartisan group of representatives has introduced legislation to reconcile the conflicts between the federal prohibition on cannabis and state laws that legalize it, and to prepare the country for federal legalization.
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April 18, 2025
5 Takeaways From Texas Stock Exchange's SEC Filing
The newly formed Texas Stock Exchange LLC is proposing rules that largely resemble those of the New York heavyweights it seeks to challenge, along with some notable differences, leaving questions on how the exchange will distinguish itself. Here are five takeaways from TXSE's securities filing.
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April 18, 2025
CFPB Mass Layoffs Blocked Again In DC Court
A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.
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April 18, 2025
Capital One's Discover Deal Gets Bank Regulators' Approval
Capital One on Friday received the last regulatory sign-offs needed for its $35 billion purchase of Discover, putting the megadeal on track to close for the former while also clearing the decks of a more than $1 billion enforcement matter for the latter.
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April 18, 2025
DOJ To Move Ahead In SafeMoon Case Despite Crypto Memo
Prosecutors told a federal judge in Brooklyn on Friday that they plan to proceed with an investor fraud case against the CEO of crypto firm SafeMoon, having reviewed a Justice Department directive not to pursue certain charges related to digital assets.
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April 18, 2025
Student Visa Crackdown Sparks Fears Of Talent Shortage
The Trump administration's aggressive push to revoke student visas and terminate their records in a government database that tracks international students is rattling employers that rely on a pipeline of foreign students to fill key high-skilled labor needs.
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April 17, 2025
FTC To Narrow Data Privacy Scope As Uncertainties Loom
The Republican-led Federal Trade Commission is poised to pursue a data privacy agenda focused on established harms and statutory authorities rather than ambitious rulemaking, although the recent firing of two commissioners casts doubt on the long-term viability of these actions and the future of a crucial transatlantic data transfer pact.
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April 17, 2025
Solicitor General's Office Now Features Two Top Lieutenants
Mere days after the U.S. Solicitor General's Office got a new leader, it also got a new leadership structure featuring two BigLaw alums in the traditional second-in-command post, according to a hearing list the U.S. Supreme Court released Thursday.
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April 17, 2025
NY Judge Scrubs Groups' Anti-Congestion-Pricing Claims
A Manhattan federal judge on Thursday rejected claims from local residents and community groups alleging New York's revised congestion pricing tolls wrongfully discriminated against out-of-state commuters and unfairly benefited public transit riders instead of roadway users.
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April 17, 2025
Texas Judge Denies Relief For Venezuelan Men Facing Removal
A Texas federal judge on Thursday refused to bar the Trump administration from deporting two Venezuelan men under a 1798 wartime statute, departing from other judges in Texas, New York and Colorado who granted injunctions to protect due process and maintain jurisdiction.
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April 17, 2025
Sandberg Says FTC Market View Makes No Sense In Meta Case
Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.
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April 17, 2025
RI Judge Wants To Know Who's Behind $11B Health Grant Cuts
A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.
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April 17, 2025
Ill. Sen. Planned To Report Red-Light Camera Exec, Jury Hears
An Illinois state senator accused of taking a bribe to help a red-light camera company testified Thursday that he "didn't have a chance" to report his questionable interactions closer to when they occurred in summer 2019, but he intended to raise his concerns later that fall.
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April 17, 2025
4th Circ. Refuses To Halt Abrego Garcia Probe In Sharp Order
A Fourth Circuit panel on Thursday rejected the Trump administration's "extraordinary" emergency motion to stay a discovery order in litigation over Kilmar Abrego Garcia's deportation to El Salvador, while cautioning the administration against ignoring federal courts, saying it could degrade both executive and judicial branch powers and that "law in time will sign its epitaph."
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April 17, 2025
Patent Office Plans Rulemaking For New PTAB Denial Process
The U.S. Patent and Trademark Office intends to go through the notice-and-comment rulemaking process for its new procedures allowing its director to decide whether petitions challenging patents at the Patent Trial and Appeal Board should be denied for discretionary reasons, a panel of judges and agency personnel said at a webinar on Thursday.
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April 17, 2025
Think Tank Urges FCC To Drop $4.5M Fine Against Telnyx
A think tank claimed Thursday the Federal Communications Commission went too far when floating a nearly $4.5 million fine against a telecom for alleged robocall violations and that due process concerns call for rescinding the penalty.
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April 17, 2025
Top Democrats Urge DOJ To Defend GAO's Legislative Status
Three top House Democrats are looking for assurances from the U.S. Department of Justice that it will "zealously defend" a government watchdog in upcoming litigation by a conservative legal organization that challenges its status in the government.
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April 17, 2025
DC Circ. Seems Torn On White House Press Pool Ban On AP
A D.C. Circuit panel seemed conflicted Thursday as it considered the Trump administration's bid to pause a court order restoring the Associated Press' access to the White House press pool and other events with President Donald Trump.
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April 17, 2025
Arkansas Bans PBMs From Owning Pharmacies
Pharmacy benefit managers operating in Arkansas will soon be prohibited from owning pharmacies in the state after Gov. Sarah Huckabee Sanders signed a bill that lawmakers say is meant to minimize conflicts of interest and safeguard patients.
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April 17, 2025
Tribal Members Fight Bid To Transfer Canadian Tariff Dispute
Four members of Montana's Blackfeet Nation are fighting a motion by the federal government to transfer their bid to block several Trump administration orders and proclamations imposing tariffs on Canadian goods, arguing there's no legal basis for the move to the U.S. Court of International Trade.
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April 17, 2025
Globalstar Pushes For Feds' OK On Mobile Satellite Plan
Globalstar is pressing its bid for the Federal Communications Commission to approve its plan for a U.S. mobile satellite service using licensed spectrum in what's known as the "Big LEO" band.
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April 17, 2025
Fla. Arrest Defies Court Order Blocking Anti-Migrant Law
Florida authorities have arrested an individual under a new law criminalizing the entry of unauthorized migrants into the state despite a federal court order temporarily barring enforcement of the law.
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April 17, 2025
DC Circ. Refreezes EPA Climate Grant Funds
The D.C. Circuit has paused a federal court's order directing Citibank to start disbursing funds to nonprofits undertaking climate change projects that were appropriated by Congress to the U.S. Environmental Protection Agency during the Biden administration.
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April 17, 2025
Music Rights Orgs. Trade Barbs In Copyright Office Inquiry
The organizations responsible for getting musical artists their royalty payments sparred with each other in comments to the U.S. Copyright Office, with one legacy organization accusing newer entrants of insufficient transparency, and one of those competitors in turn alleging "anticompetitive practices" by the established players.
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April 17, 2025
Program To Speed Up Climate Change Patent Exams Axed
Federal patent officials have officially pulled the plug on a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, after suspending it earlier this year.
Expert Analysis
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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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.