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Public Policy
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June 11, 2025
Del. Justices OK Early Review Of New Corp. Liability Shield
Delaware's justices agreed to a fast-tracked state constitutional review Wednesday for questions in a Court of Chancery case affected by state legislation approved in March that expanded and made retroactive "safe harbor" liability shields for conflicted corporate directors or controllers.
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June 11, 2025
Trump Presses 2nd Circ. To Federalize Hush Money Appeal
Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.
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June 11, 2025
Trump Pick For IRS Chief Clears Key Senate Hurdle
President Donald Trump's nominee to serve as commissioner of the Internal Revenue Service survived a key procedural vote Wednesday in the Senate, setting the stage for the chamber to proceed with a final vote on his confirmation.
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June 11, 2025
Lockheed Not Liable For Reporting Employee To Government
Lockheed Martin is shielded from a former employee's defamation and other claims that were based on the defense contractor's mandatory reporting of suspected misconduct, a Massachusetts intermediate appellate court ruled Wednesday.
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June 11, 2025
Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit
The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.
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June 11, 2025
DOL, EEOC Noms To Go Before Senate Panel
President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.
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June 11, 2025
Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency
The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.
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June 11, 2025
Trade Groups Revive Suit Over Colo., Denver Efficiency Rules
A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.
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June 11, 2025
Gun Groups Sue NJ, Bondi Over Handgun Age Restriction
A would-be handgun owner and a pair of firearms groups are suing New Jersey Gov. Phil Murphy, law enforcement officials and Attorney General Pam Bondi in federal court, alleging that state and federal age-based prohibition against owning handguns is unconstitutional.
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June 11, 2025
4th Circ. To Hear Arguments In Army Boarding School Row
The Fourth Circuit has set arguments in a dispute between the Winnebago Tribe of Nebraska and the U.S. Army over the return of remains of two of the tribe's children that are buried in the Carlisle Indian Boarding School cemetery in Pennsylvania.
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June 10, 2025
House Ag Committee Advances Crypto Market Structure Bill
The House Committee on Agriculture on Tuesday advanced a bill to regulate digital asset markets with broad bipartisan support despite concerns from Democrats that the U.S. Commodity Futures Trading Commission will need more funding to accomplish the broad crypto mandate contemplated by the bill.
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June 10, 2025
Stewart's Newest Discretionary Denial Has Attys On Edge
The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.
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June 10, 2025
Judiciary Panel Advances New Rules On Amici, AI, Subpoenas
The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.
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June 10, 2025
Feds Fight Calif. Tribe's Bid To Undo BIA Organization Rule
The federal government is fighting a D.C. Circuit appeal by nine California Valley Miwok Tribe members who are looking to overturn a lower court order allowing an expansion of the tribe's organization, arguing the decision was not arbitrary and capricious.
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June 10, 2025
NJ Rep. LaMonica McIver Indicted Over ICE Facility Incident
U.S. Rep. LaMonica McIver has been charged with forcibly impeding and interfering with federal officers during her inspection of a Newark, New Jersey, immigration detention facility last month, the U.S. Department of Justice announced Tuesday.
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June 10, 2025
Calif. Gets Hearing On Bid To Stop Trump's Troop Deployment
A California federal judge Tuesday gave the Trump administration until Wednesday morning to respond to Gov. Gavin Newsom's request to immediately block the federal government's takeover of the state's National Guard unit in response to protests in Los Angeles sparked by federal immigration raids, and set a hearing for Thursday.
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June 10, 2025
Feds Reboot FCPA Agenda With Narrower Enforcement Focus
The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.
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June 10, 2025
ABA 'Surprised And Disappointed' By DOJ Shunning
The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."
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June 10, 2025
Ga. Justices Rein In Admin Power & 'Unbridled' Election Board
The Supreme Court of Georgia ruled Tuesday that a Trump-allied majority on the state's Election Board overstepped its authority last year when it passed a slew of voting rule changes in the run-up to the 2024 election, discarding 35 years of precedent on the rulemaking powers of administrative government bodies.
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June 10, 2025
Time-Barred Sex Abuse Claims Could Become Viable In Pa.
House lawmakers in Pennsylvania have passed a pair of bills that could allow those who suffered from sexual abuse as minors to file a lawsuit decades after the statute of limitations expired, explicitly waving sovereign immunity defense for state agencies.
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June 10, 2025
Florida Man Avoids Prison Over Ashley Biden's Stolen Diary
A Florida resident who admitted that he and an associate sold the stolen diary of former President Joe Biden's daughter to right-wing activist group Project Veritas was spared any time in prison, as a Manhattan federal judge on Tuesday determined that his cooperation with prosecutors weighed heavily in his favor.
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June 10, 2025
Trump's CFTC Pick Won't Push To Fill Leadership Vacancies
President Donald Trump's pick to lead the U.S. Commodity Futures Trading Commission told senators Tuesday that the financial regulator would likely need to beef up its staff should Congress grant it more authority over the cryptocurrency industry, but he would not commit to pushing the president to fill vacancies at the top of the agency.
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June 10, 2025
State Chief Justices Blast Plans To Cut Legal Services Corp.
A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."
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June 10, 2025
Ala. Judge Orders Trans Health Org. To Publish Training Vids
In a case challenging Alabama's ban on gender-affirming care for youths, a federal judge this week ordered a trans health organization to publish video recordings of the group's conferences and a medical training course, after the group had sought to protect the content's confidentiality.Â
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June 10, 2025
9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague
A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.
Expert Analysis
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How Int'l Arbitration Could Factor In Tariff Dispute Resolution
As tariffs complicate international business contracts, the robust legal infrastructure supporting international arbitration can provide a more solid base for recovery of rewards than foreign court judgments, say attorneys at Foley & Lardner.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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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.