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Public Policy
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April 25, 2025
Spencer Fane Adds Former Oklahoma Higher Ed. Chancellor
Spencer Fane LLP said Thursday it has hired Allison Garrett, Oklahoma's former chief executive for its higher education system, as an of counsel in its litigation and dispute resolution practice.
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April 25, 2025
NJ AG Gives Chief Counsel Role To Former Civil Rights Head
The top assistant to New Jersey Attorney General Matthew Platkin has been appointed chief counsel for the state's Department of Law and Public Safety, an appointment that follows high-profile civil rights stints in and out of the Garden State.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
NJ Towns Challenge State Affordable Housing Framework
A coalition of nearly two dozen New Jersey municipalities has filed suit against state officials, arguing a provision of the state's affordable housing framework unfairly places all responsibility for building such housing on non-urban municipalities.
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April 25, 2025
Ex-FCC Chair Back At HQ To Lobby For Mobile Biz
A former chief of the Federal Communications Commission made a cameo appearance at the agency's Washington, D.C., headquarters in his new role as top lobbyist for the mobile services industry, calling for more spectrum to feed boundless growth in the wireless business.
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April 25, 2025
Atkins Vows SEC Will Pursue 'Common-Sense' Crypto Policy
The U.S. Securities and Exchange Commission's new Chair Paul Atkins told crypto industry experts on Friday that the SEC will work to establish a "fit-for-purpose" framework for digital assets, while industry participants urged a principles-based approach to cover its rapid innovation.
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April 25, 2025
Feds Say They'll Reactivate Foreign Student Visa Records
The Trump administration said Friday that it will restore, for now, foreign students' visa records after having abruptly terminated thousands of them in an online database, a move that spurred dozens of federal lawsuits from frantic students worried about their immigration status.
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April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use
Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
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April 25, 2025
Santos Gets Over 7 Years For Campaign Finance Fraud
Former U.S. Rep. George Santos was sentenced Friday to over seven years in prison after admitting he falsely inflated fundraising reports to qualify for National Republican Congressional Committee funding during the 2022 election.
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April 24, 2025
Skadden Meddled With Internal Trump Deal Talk, NLRB Told
A worker rights group has filed an unfair labor practice charge against Skadden Arps Slate Meagher & Flom LLP with the National Labor Relations Board, claiming that the firm restricted access to email distribution lists to "suppress employee discussions" about Skadden's deal with the Trump administration.
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April 24, 2025
House Panel 'Committed' To Passing Privacy Law, Staffer Says
A House Energy and Commerce Committee staff member had a message Thursday for those wondering if Congress would finally overcome the hurdles that have long stymied efforts to enact a federal comprehensive consumer data privacy law: "This time is different."
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April 24, 2025
DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws
The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.
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April 24, 2025
Khalil's Attys Say Lack Of Warrant Should Doom Removal
While the U.S. Department of Homeland Security defends its arrest of Columbia University student and pro-Palestinian activist Mahmoud Khalil in a Louisiana immigration court, Khalil's attorneys on Thursday argued his removal proceedings should be terminated because U.S. Immigration and Customs Enforcement arrested him without a warrant.
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April 24, 2025
Trump Pardons Politician Convicted Of Statue Funding Fraud
President Donald Trump has issued a "full and unconditional pardon" to a former Las Vegas city council member and ex-state assemblyperson who was convicted of stealing $70,000 in funds she said would be used to honor two police officers killed on duty, according to a filing Thursday in Nevada federal court.
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April 24, 2025
11th Circ. Considers Sackett's Impact In Clean Water Suit
Green groups and citizens who alleged Georgia's Sea Island resort misled the Army Corps of Engineers about a wetlands filling project urged the Eleventh Circuit to revive their suit Thursday, with the groups and resort arguing the Supreme Court's 2023 ruling in Sackett v. EPA worked in their favor.
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April 24, 2025
Google Case Judge Weighs Rivals' Data Needs Against Privacy
The D.C. federal judge weighing whether to break off the Chrome browser and force Google to share data with search engine rivals zeroed in Thursday on the balancing act between propping up other competitors and protecting the search data the Justice Department says they need to compete effectively.
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April 24, 2025
21 Democratic AGs Back Susman Godfrey In Trump EO Fight
Twenty-one Democratic attorneys general filed a brief Thursday supporting Susman Godfrey LLP's fight against President Donald Trump's executive order revoking its access to government resources, saying it threatens lawyers' freedom to represent clients disfavored by the government, such as when John Adams defended British soldiers accused in the Boston Massacre.
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April 24, 2025
Trump's Regulatory Thaw On Crypto Reaches Federal Reserve
The Federal Reserve on Thursday scrapped guidance that had instructed banks to consult with it before taking up cryptocurrencies, marking the latest step in a broader push to ease regulatory friction for digital assets under President Donald Trump's administration.
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April 24, 2025
Ex-FCC Enforcement Deputy Joins Lerman Senter
Lerman Senter has scored a former FCC bureau chief with almost a quarter-century of experience under his belt as the latest partner for its growing regulatory team, the firm has announced.
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April 24, 2025
EPA Faces Diverging Input On How To Modify WOTUS Rule
The Trump administration is being pulled in opposite directions by a wide variety of industry groups that are urging it to take a very narrow view of the Clean Water Act's jurisdiction, and environmental organizations and others who say the law should cover the most waterways possible.
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April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case
A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
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April 24, 2025
Automaker Group Sues Wash. Over New Biz Licensing Regs
An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.
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April 24, 2025
FDIC's Hill Faces Dems' Questions Over DOGE Access, Job Cuts
U.S. Sen. Elizabeth Warren and other Democrats called Thursday for the Federal Deposit Insurance Corp. to provide details about the presence of Elon Musk's Department of Government Efficiency at the agency, citing concerns the regulator could be weakened as it looks to reduce its headcount by roughly 1,250 staffers.
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April 24, 2025
Conn. Judge Nixes Council's Power Line Approval
A state agency overstepped its authority in its decision to approve an electric transmission line replacement project on the Metro-North Railroad corridor in Fairfield and Bridgeport, a Connecticut state judge ruled Wednesday.
Expert Analysis
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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.
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OCC Patriot Bank Order Spotlights AML Issues For Managers
The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.