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Public Policy
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June 02, 2025
Trump Taps Vinson & Elkins Atty To Replace FERC Chair
President Donald Trump on Monday nominated a Vinson & Elkins LLP attorney to replace current Federal Energy Regulatory Commission Chairman Mark Christie, whose term expires on June 30.
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June 02, 2025
Trump Renews Call For Justices To Lift Gov't Overhaul Pause
President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.
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June 02, 2025
White House Asks DC Circ. To Halt Tariff Injunction
The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.
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June 02, 2025
Kansas City Chiefs Parade Victims Sue Gun Sellers, Organizers
Fans who were injured in a mass shooting that broke out at the Kansas City Chiefs' Super Bowl parade last year filed a lawsuit Monday in Missouri state court accusing gun sellers of lax sales practices and the event planners of failing to employ adequate security measures.
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June 02, 2025
Del. Can't Escape Hospital's Challenge Of Cost Review Board
Delaware's ChristianaCare Health Services Inc. and an affiliate won a ruling on Monday allowing the state's largest healthcare provider to move forward with one count of an eight-count constitutional challenge to a new hospital cost review board, with other counts deemed "unripe."
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June 02, 2025
Chief Fed. Judge Bans Conn. Courthouse Arrests, With Limits
The chief federal judge for the District of Connecticut has issued a standing order banning law enforcement officers from arresting or detaining individuals in the state's three federal courthouses, with some exceptions for courtroom security functions and federal offices housed in shared buildings.
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June 02, 2025
Tech Giants Want 6 GHz Shielded From Spectrum Auctions
As Congress looks to direct the government to sell wide stretches of the airwaves for exclusive commercial use, companies such as Meta, as well as advocacy groups, want lawmakers to continue leaving the upper 6 gigahertz spectrum band alone rather than auctioned to mobile carriers.
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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
DOJ Deal OKs $1.5B Keysight-Spirent Network Testing Merger
The U.S. Department of Justice cut its first merger clearance deal of the Trump administration, and nearly its first settlement since a Biden-era hardline stance against most agreements, with a consent decree Monday allowing Keysight Technologies Inc. to proceed with its planned $1.5 billion acquisition of Spirent Communications PLC.
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June 02, 2025
Ill. Budget Increases Taxes On Tobacco, Online Sports Books
Illinois' Democratic-controlled General Assembly passed a $55 billion budget for fiscal 2026, including about $800 million in targeted tax hikes on tobacco, vaping and online sports betting.
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June 02, 2025
Texas Bill Aimed At Curbing Juries' Injury Verdicts Fails
A controversial bill that would have limited jury awards for injured Texans died Sunday after the two branches of the Texas Legislature couldn't hash out differences in the bill's language.
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June 02, 2025
8th Circ. OKs Nix Of Suit On Iowa's Quitting Of COVID Benefits
The Eighth Circuit backed the dismissal of a proposed class action claiming Iowa violated workers' rights by prematurely pulling out of federal pandemic unemployment assistance programs, ruling Monday that the benefits they sought weren't protected by the U.S. Constitution.
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June 02, 2025
Dominion Opposes Cable Plan To Ease Utility Pole Fixes
Dominion Energy is again criticizing a telecom industry proposal meant to expedite the process for putting communications attachments on utility poles, saying the telecom trade association behind the push is conflating simpler work lower on poles and more dangerous work above the space on poles where communications lines typically go.
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June 02, 2025
ÃÛÌÒÊÓÆµ, Banks Move In For Kill Of Biden-Era Open Banking Rule
The Consumer Financial Protection Bureau and a coalition of banking trade groups have separately pushed to toss the agency's Biden-era open banking rule, with the ÃÛÌÒÊÓÆµ now contending the data-sharing mandate exceeded its legal authority and the banks calling the regime burdensome, irrational and unlawfully vague.
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June 02, 2025
Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told
Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.
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June 02, 2025
Justices Urged To Reject Bid Disputing IRS Crypto Summons
The U.S. Supreme Court should not take up the case of a bitcoin investor who claimed the IRS violated his privacy when it seized his records from the cryptocurrency exchange, the government argued, saying the case is a poor vehicle for addressing concerns about digital-era transactions.
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June 02, 2025
Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool
A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.
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June 02, 2025
Feds To Face Discovery, Trial In Free-Speech Removals Case
A Massachusetts federal judge on Monday denied the Trump administration's bid to foreclose discovery and a July 7 bench trial in a free-speech lawsuit by academic organizations challenging deportations of some of their members apparently based on their pro-Palestinian views.
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June 02, 2025
Third Round Of Fixes Sought In Botched Calif. Bar Exam
The California state bar's committee of bar examiners has approved two additional remedies in an effort to help applicants who failed the troubled February exam, including asking the state Supreme Court to approve a further scoring adjustment that would bring the passing rate up to about 63%.
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June 02, 2025
Feds Want 12½ Years For Ex-Ill. Speaker Convicted Of Bribery
Prosecutors are urging an Illinois federal judge to sentence former state House Speaker Michael Madigan to prison for 12½ years for bribery, conspiracy and fraud, saying his conduct adds "another sordid chapter to Illinois' storied reputation of corruption" while Madigan, armed with more than 200 letters of support, seeks only probation.
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June 02, 2025
Justices Want Gov't View On Duke Energy Monopoly Suit
The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.
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June 02, 2025
Conn. Hospital's $8.3M Bonus Claims Fail, State Says
Connecticut Children's Medical Center Inc. has not provided a sufficient legal basis to pursue two of three claims in a lawsuit alleging that it should have received an $8.3 million performance-based bonus for 2022, the state Department of Social Services said in a motion seeking to nix the counts.
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June 02, 2025
Retired Judges Call Wis. Judge's Prosecution 'Dangerous'
The Trump administration's prosecution of a Wisconsin state judge who refused to help federal agents arrest an immigrant is an "extraordinary and direct assault on the independence of the entire judicial system," according to a bipartisan group of 138 former state and federal judges.
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June 02, 2025
FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told
The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.
Expert Analysis
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement
Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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A Primer On The Trading And Clearing Of Perpetual Contracts
The U.S. Commodity Futures Trading Commission recently released a request for comment on the trading and clearing of perpetual-style derivatives, most common in the cryptocurrency market, necessitating a deep look at how these contracts operate and their associated risks, say attorneys at Moore & Van Allen.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Planning For Open Banking Despite ÃÛÌÒÊÓÆµ Uncertainty
Though pending litigation or new Consumer Financial Protection Bureau leadership may reshape the Biden-era regulation governing access to consumer financial data, companies can use this uncertain period to take practical steps toward an open banking strategy that will work regardless of the rule’s ultimate form, says Adam Maarec at McGlinchey Stafford.
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.