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Public Policy
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June 12, 2025
China Agrees To Loosen Rare Earth Restrictions, US Says
Chinese trade negotiators have agreed to lift export controls on rare-earth elements in exchange for the U.S. walking back a campaign to revoke visas for Chinese students, according to statements by U.S. officials, which experts said leave key issues unresolved.
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June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale
A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.Â
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June 12, 2025
Harvard Researcher Held By ICE Over Specimens Released
A Harvard Medical School researcher and Russian national who has been detained by U.S. immigration authorities since February, when frog embryo specimens were found in her luggage at Logan Airport, was released from custody Thursday while she awaits trial on a smuggling charge.
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June 12, 2025
Detroit Can't Block Sidewalk Hazard Suit, Mich. Justices Say
Detroit cannot claim immunity in a lawsuit over a man's injuries from tripping on a metal post embedded in a sidewalk, the Michigan Supreme Court said Wednesday, ruling that the protrusion constitutes a dangerous defect under state law.
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June 12, 2025
Judiciary Committee Clears Squires For Full Senate Vote
The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.
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June 12, 2025
Mass. Judge, On Stand, Denies Helping Immigrant Evade ICE
A Massachusetts judge accused of approving a plan to let a man elude immigration officers by letting him leave the court through a back door seven years ago testified Thursday that was not her intent when she granted a request to let him speak with an attorney in a courthouse lockup.
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June 12, 2025
DOJ Sues NY Over Law Blocking ICE Arrests At Courthouses
The federal government slapped New York with a lawsuit Thursday challenging the state's policies that block immigration officials from arresting individuals near its state courthouses.
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June 12, 2025
Former Secretary Of State Pompeo Joins Torridon Law In DC
Torridon Law PLLC announced Thursday that Mike Pompeo, who served as CIA director and secretary of state during the first Trump administration, has joined the firm in Washington, D.C.
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June 12, 2025
Schumer Slams Delay In BEAD Funding As 'Shameful'
Senate Minority Leader Chuck Schumer, D-N.Y., blasted the Trump administration on the Senate floor Thursday for delaying the government's $42.5 billion broadband infrastructure program, saying it will harm New Yorkers who lack connectivity.
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June 12, 2025
Pa. Panel Says Borough Didn't Break Law In Condemning Mall
A Pennsylvania appellate panel affirmed a decision backing the borough of West Mifflin's condemnation of a local mall, rejecting the property owner's argument that its due process rights were violated.
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June 12, 2025
DOJ Picks Proceed Despite Worry Over Honoring Court Orders
Two nominations for top positions in the U.S. Department of Justice were voted out of committee on party lines on Thursday.
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June 12, 2025
Approach The Bench: Judge Proctor On Civility, Civil Rules
R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.
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June 12, 2025
Maine Gives 2 Years To Fight Tax Debt Biz Property Takings
Maine won't allow challenges to governmental takings of commercial real estate for nonpayment of property taxes after a statutory two-year period ends, under a bill signed by the governor.
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June 12, 2025
Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale
Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.
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June 12, 2025
Justices Say Habeas Claims Can't Be Added After Judgment
The U.S. Supreme Court on Thursday ruled that a prisoner may not add new claims to a habeas corpus petition once a final judgment is issued, cementing strict limits on repeat habeas filings prescribed by federal law.
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June 12, 2025
Justices Grant Compensation Leeway To Late-Filing Vets
The U.S. Supreme Court ruled Thursday that the Barring Act's six-year statute of limitations for certain military-related claims does not apply to combat-related special compensation, a win for a proposed class of roughly 9,000 veterans who say they deserve additional pay despite filing late.
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June 12, 2025
High Court Levels ADA Playing Field For Disabled Students
The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should not face a higher standard of proof than plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.
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June 12, 2025
Justices Limit FTCA Defense In FBI Raid Case
The U.S. Supreme Court on Thursday held that the Constitution's supremacy clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.
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June 11, 2025
States Tackle Data Privacy, Kids' Safety As Sessions Wrap Up
Connecticut, Texas, Oregon and other states with legislative sessions that end this month have pushed through laws that broaden existing data privacy statutes to sweep up more companies and categories of information and measures that seek to join the growing push to restrict kids' access to online platforms.
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June 11, 2025
Senate Dems Probe Meta, Trump Stablecoin Plans And Deals
U.S. Sens. Elizabeth Warren and Richard Blumenthal sent a pair of letters this week asking for more information on Meta's renewed plans to launch its own stablecoin as well as details on MGX's decision to use Donald Trump's World Liberty stablecoin to make a $2 billion investment in the cryptocurrency exchange Binance.
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June 11, 2025
Glass Lewis To GOP: No 'Ideological Agenda' In Proxy Advice
The head of the proxy advisory firm Glass Lewis & Co. has pushed back against allegations from the Senate Banking Committee concerning the firm's "expansive, opaque, and ideologically driven influence" on U.S. companies, saying it evaluates all shareholder proposals on a case-by-case basis.
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June 11, 2025
Feds Can't Detain Khalil Or Seek His Deportation, Judge Rules
A New Jersey federal judge on Wednesday barred the Trump administration from detaining and trying to deport Columbia graduate Mahmoud Khalil, citing damage to Khalil's career and reputation and a "chilling effect" on Khalil's First Amendment right to free speech.
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June 11, 2025
AP Asks Full DC Circ. To Rethink White House Press Pool Ban
The Associated Press on Tuesday asked the full D.C. Circuit to reconsider a split panel's decision reinstating the White House's directive banning the AP from the press pool covering the Oval Office, Air Force One and Mar-a-Lago, saying the "unprecedented" decision empowers the Trump administration to violate the First Amendment.
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June 11, 2025
Judge Unlikely To Add Migrant Orgs. To Sanctuary Cities Suit
A California federal judge Wednesday said he wasn't inclined to allow three Los Angeles-based immigrant organizations to intervene in a lawsuit brought by U.S. cities and counties challenging the Trump administration's targeting of sanctuary jurisdictions, saying it could "impede and complicate the case without any real benefit."
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June 11, 2025
No Bail For Menendez During Bribery Appeal, 2nd Circ. Says
A split Second Circuit on Wednesday rejected former U.S. Sen. Bob Menendez's request for bail while he appeals his conviction of engaging in a lengthy, million-dollar course of bribery and corruption.
Expert Analysis
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Platforms Face Section 230 Shift From Take It Down Act
The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
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4 Midyear Employer Actions To Reinforce Compliance
The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
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ÃÛÌÒÊÓÆµ's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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What FCA Liability Looks Like In The Cybersecurity Realm
​Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say​ attorneys Rachel Rose and Julie Bracker.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.
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Operating Via Bank Charter Offers Perks Amid Industry Shift
As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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5 Takeaways From DOJ's Media Compulsory Process Rules
The U.S. Department of Justice’s new rules, making it easier for law enforcement investigating leaks to compel members of the media and third parties to disclose information, could have wide-ranging impacts, from reduced protections for journalists and organizations, to an expanded focus on nonclassified material, say attorneys at WilmerHale.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.