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Public Policy
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April 16, 2025
Judge Restores EPA Grant Funds For Climate Change Groups
A D.C. federal judge has ordered Citibank NA to start disbursing Biden-era federal grant funding to nonprofits working on climate change projects, and blocked the U.S. Environmental Protection Agency's effort to terminate the grants.
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April 15, 2025
Judge Tells Feds To Unfreeze Climate, Infrastructure Funds
The U.S. Department of Agriculture, U.S. Environmental Protection Agency and other federal agencies must "turn the funding spigots back on" while environmental groups challenge the Trump administration's decision to cut congressionally approved dollars for infrastructure, agriculture, climate and other initiatives, a Rhode Island federal judge ruled Tuesday.
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April 15, 2025
Trump Cites U.S. Security To Investigate Critical Minerals Tax
President Donald Trump on Tuesday issued an executive order launching a so-called Section 232 national security tariff investigation into the United States' reliance on imported processed critical minerals, citing his belief that "an overreliance ... could jeopardize U.S. defense capabilities."
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April 15, 2025
Zuckerberg Calls Buying Rival, Building Co. Two Sides Of 1 Coin
Meta Platforms CEO Mark Zuckerberg tried Tuesday to distance himself from internal documents describing Instagram and WhatsApp as competitive threats, pushing back on Federal Trade Commission monopolization claims by arguing in D.C. federal court that the owner of Facebook was always focused on improvements to itself and the acquisitions.
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April 15, 2025
New Mexico Pueblos Allowed Into Fed Mineral Lease Ban Suit
A pair of Native American pueblos can intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, a federal magistrate judge ruled Tuesday.
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April 15, 2025
Colo. Gov. Ignored Ex-Official's Race Bias Concerns, Suit Says
A former commissioner of Colorado's Behavioral Health Administration filed a race discrimination lawsuit on Tuesday accusing Gov. Jared Polis and his former chief of staff of ignoring reports that she was treated worse than peers because she is African American and then firing her for complaining.
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April 15, 2025
Trump Orders Overhaul Of Federal Contracting Rules
President Donald Trump issued orders Tuesday aimed at simplifying and reducing the costs of federal contracting for both government and contractors, directing agencies to pare back the Federal Acquisition Regulation to only "essential" requirements and to prioritize commercial item purchases.
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April 15, 2025
9th Circ. Told Oregon Hospital Merger Law Flouts Due Process
A hospital trade group urged the Ninth Circuit on Monday to block an Oregon law allowing the Oregon Health Authority to review proposed healthcare business consolidations, arguing the law is "unconstitutionally vague" and bestows unlimited power on the agency to block healthcare transactions in the state.
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April 15, 2025
OCC Pledges Transparency Amid 'Ongoing' Breach Review
Following a "major" breach of its email system, the Office of the Comptroller of the Currency said it is still figuring out what sensitive information was accessed and will let banks know individually if material on them or their customers was included.
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April 15, 2025
Ga. Justices Wary Of Precedent In Gun Carry Age Limit Case
Georgia's justices on Tuesday questioned whether they would have to overturn more than a century's worth of precedent to revive a lawsuit challenging the constitutionality of the Peach State's statutory prohibition on adults under the age of 21 carrying handguns in public.
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April 15, 2025
Ill. Senator Takes Stand To Defend Self On Bribery Charges
An Illinois senator accused of agreeing to take a bribe from a red-light camera executive testified Tuesday that passing bills is "a numbers game" at the state Capitol, and it requires sorting through some dishonest organizations and lobbyists to obtain the information necessary to vote on them.
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April 15, 2025
Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling
A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.
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April 15, 2025
DC Asks Judge To Narrow Nursing Home Ruling
The District of Columbia urged a D.C. federal judge on Tuesday to narrow an injunction requiring it to do more to help disabled nursing home residents transition into the community, arguing the order reaches beyond the class of plaintiffs and is too vague.
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April 15, 2025
DC Circ. Again Nixes Challenge To $44B Alaska LNG Project
The D.C. Circuit rejected a challenge by conservation groups against the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska, ruling Tuesday the department's conclusion regarding uncertainty over the project's effects on greenhouse gases was supported by "overwhelming evidence" in its environmental impact statements.
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April 15, 2025
Cops At Insurrection Ask Justices To Let Them Stay Incognito
Four current and former Seattle police officers who attended the 2021 Jan. 6 "Stop the Steal" insurrection in D.C. have made an emergency appeal to the U.S. Supreme Court to stay a ruling by Washington state's high court that barred the officers from litigating their state court privacy claims using John Doe pseudonyms.
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April 15, 2025
Japan Orders Google To Stop Android Licensing Practice
Japan's competition enforcer became the latest global authority to take on Google's Android licensing practices Tuesday, ordering the search giant to stop requiring phone manufacturers and mobile carriers to preinstall its apps on their devices.
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April 15, 2025
3 USPTO Updates You Should Know About
Probationary patent examiners and trademark examining attorneys within 50 miles of the U.S. Patent and Trademark Office's Virginia offices will have to start working from those facilities, one of three recent changes at the agency. Here's what you need to know.
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April 15, 2025
SpaceX Blasts GE Healthcare Effort To 'Slow Roll' Spectrum
GE Healthcare Technologies has asked the Federal Communications Commission to hold off on issuing authorizations for space launch operations in a certain slice of spectrum used by the healthcare industry, and SpaceX is steaming mad about it.
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April 15, 2025
Massive Calif. Fire Assessment Pass-Through Sparks Suit
Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act.
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April 15, 2025
Dems Back Ex-FTC Commissioners In Firing Suit
Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.
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April 15, 2025
Colo., Ala. Lawmakers Tussle Over Space Command Findings
The U.S. Department of Defense's watchdog released on Tuesday its much-anticipated report on the selection process for the new U.S. Space Command headquarters, and lawmakers who represent the contending states — Alabama and Colorado — both are claiming victory.
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April 15, 2025
Avoid 'Prescriptive' Pole Upgrade Rules, Telecoms Say
An industry group warned the Federal Communications Commission that it would be a bad idea to impose broad new rules to expedite broadband upgrades to utility poles at a time when the FCC is looking to cut the number of telecom regulations.
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April 15, 2025
F-1 Students 'Packing Their Bags' Want Court To Bar Removal
An attorney for international students who allege the government improperly terminated their F-1 student status without explanation urged a Michigan federal judge Tuesday to bar the government from detaining or deporting the students, who were "packing their bags" out of fear they may be forced out of the country.
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April 15, 2025
Students Get Reprieve While Suing Over Revoked Visa Status
Two foreign-born Carnegie Mellon University students will get more time to challenge the U.S. Department of Homeland Security's deletion of the records they need to legally remain in the country, but a Pennsylvania federal judge stopped short of restoring their legal status Tuesday.
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April 15, 2025
Carriers Seek High Court Clarity On Universal Service
The trade group for regional and rural wireless service providers warned members Tuesday that they can't count on federal support for telecom deployment following last month's U.S. Supreme Court arguments over the federal government's program for subsidizing build-outs in high-cost and underserved areas.
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.