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Public Policy
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June 11, 2025
DOJ's Focus On Cartels Raises Compliance Risks For US Cos.
U.S. corporations with business interests south of the border are increasingly worried about exposure to terrorism-related criminal charges under the Trump administration for inadvertently working with cartels linked to major business sectors throughout Mexico, from energy and manufacturing to financial services, compliance experts tell Law360.
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June 11, 2025
Regulators Delay Compliance On Private Fund Disclosures
A divided U.S. Securities and Exchange Commission agreed on Wednesday to extend compliance dates for new Form PF rules that require additional disclosure from private funds, overcoming objections from one dissenting commissioner who feared the "11th-hour" extension could lead to abandoning the rules altogether.
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June 11, 2025
23andMe Shows Need For National DNA Data Law, Sens. Hear
Senators from both sides of the aisle expressed interest in passing national consumer data privacy legislation during a Wednesday committee hearing inspired by 23andMe Inc.'s Chapter 11 bankruptcy.
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June 11, 2025
Verizon-Frontier Merger Gets Conn. Regulator's OK
Connecticut's Public Utilities Regulatory Authority on Wednesday approved the merger of debt-laden internet and telephone services provider Frontier Communications with a wholly owned subsidiary of Verizon, saying the latter has the financial and managerial stability plus the technical knowledge necessary to provide adequate and reliable service to customers.
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June 11, 2025
Chamber Looks To Keep Merger Notice Challenge In Texas
The U.S. Chamber of Commerce and other business groups have urged a Texas federal court not to transfer their case challenging the Federal Trade Commission's new merger filing requirements, arguing that several members based in the state regularly report mergers to the agency.
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June 11, 2025
Mo. House Passes $1.5B Stadium Bill To Keep Chiefs, Royals
The Missouri House of Representatives voted Wednesday to approve tax and other incentives worth $1.5 billion to help build or upgrade stadiums for Kansas City's MLB and NFL franchises, on the last day of a special legislative session ordered by Gov. Mike Kehoe.
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June 11, 2025
Senate Advances Stablecoin Bill As Dems Decry Swift Pace
The Senate's proposal to regulate stablecoins cleared another procedural hurdle on Wednesday with bipartisan support despite some Democratic outcry over an allegedly limited opportunity to amend the bill.
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June 11, 2025
Think Tank Says Ill. 'Captive Audience' Fight Should Proceed
A libertarian think tank and business group urged an Illinois federal judge Wednesday to let its legal challenge to a recent state law banning mandatory workplace meetings on politics and religion continue, arguing its already-chilled speech is enough to establish pre-enforcement standing.
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June 11, 2025
DC Circ. Pauses Habeas Order In Alien Enemies Act Case
The D.C. Circuit has agreed to briefly pause a lower court order requiring the Trump administration to give due process to Venezuelan immigrants deported from the U.S. to a Salvadoran prison under the Alien Enemies Act.
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June 11, 2025
EPA Floats Takedown Of Biden GHG, Mercury Emissions Regs
The U.S. Environmental Protection Agency on Wednesday said that the nation's power sector's greenhouse gas emissions don't significantly endanger people's health, and that therefore, the Clean Air Act doesn't allow regulations aimed at reducing those releases.
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June 11, 2025
VA Contractor To Pay $4.3M To Resolve Overbilling Claims
Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.
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June 11, 2025
AGs Press Meta To Do More To Stop Pump-And-Dump Scams
Attorneys general from states and territories around the country, as well as the District of Columbia, sent an open letter to Meta Platforms Inc. Wednesday urging the social media giant to help stem the tide of widespread investment scams across Facebook and WhatsApp that they said have caused people to lose "life-changing" amounts of money.
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June 11, 2025
DOJ Says Newsom Can't Ask Court To Halt Guard Deployment
The Trump administration is telling a California federal judge its decision to federalize the National Guard is unreviewable in court, calling California Gov. Gavin Newsom's effort to stop the takeover "a crass political stunt" in a new filing Wednesday.
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June 11, 2025
FCC Dem's Job Safe For Now As Agency Ranks Shrink
The Federal Communications Commission is running on a shoestring when it comes to high-level decisions, with only a Republican chair and Democrat left in charge after recent departures that have made the agency's chairman unable to move major initiatives.
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June 11, 2025
3rd Circ. Seems Skeptical Of NJ Town's Car Seizure Process
The Third Circuit seemed open Wednesday to a bid by Honda's leasing arm to have a Garden State town's towing ordinance deemed unconstitutional, with judges appearing doubtful that it adequately provides for due process.
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June 11, 2025
Senate Commerce Dems Demand Review Of Cruz Budget Bill
Democrats on the Senate Commerce, Science, and Transportation Committee urged the chair on Wednesday to hold a formal markup for their reconciliation proposal, which includes a spectrum deal, instead of fast-tracking it to the Senate floor.
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June 11, 2025
Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments
National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.
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June 11, 2025
DOJ Says Abrego Garcia's Return Moots His Removal Suit
U.S. Department of Justice attorneys told a Maryland federal judge they will soon ask the court to dismiss Kilmar Abrego Garcia's suit challenging his erroneous removal to El Salvador, saying his return to the U.S. to face criminal charges moots the matter.
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June 11, 2025
DC Attys Say They Had Small Role In 2020 Mich. Election Suit
A pair of Washington, D.C., attorneys on Wednesday urged a disciplinary panel to dismiss ethics claims against them, telling the panel that they had no control over the filing of a complaint challenging the 2020 presidential election results that was later found to be frivolous.
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June 11, 2025
Debt Collectors Push FCC To Shed Consumer Contact Rules
Debt collectors are adding their two cents to the Federal Communications Commission's request for unnecessary regulations that should be eliminated, calling on the agency to eliminate an upcoming rule that would make it easier for individuals to stop future robocalls and texts.
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June 11, 2025
DOJ Legal Policy Chief, Adviser On Judge Selections, Resigns
Aaron Reitz, a top U.S. Department of Justice official who works on judicial nominations, announced Wednesday he's resigning after being confirmed for the role on March 26.
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June 11, 2025
Developers Urge Revival Of Suit To Unseat Miami Official
Two real estate developers seeking to unseat a Miami commissioner from office following a $63.5 million judgment for civil rights violations told a Florida appeals court Wednesday that the city's charter provides for the removal of a public official found to have violated their office.
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June 11, 2025
House Budget Would Strong-Arm Foreign Gov'ts, Experts Say
The U.S. House-passed budget would discard the tax-exempt status of foreign governments and entities connected to them, such as sovereign wealth funds, and impose escalating tax rates if those countries employ fiscal policies that lawmakers consider unfair, according to several experts.
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June 11, 2025
ACLU Seeks To Halt Quick Removals After Courthouse Arrests
The American Civil Liberties Union asked a D.C. federal judge to postpone implementation of a rule and guidance expanding expedited removals of noncitizens to the interior U.S., after immigration officials started detaining immigrants at courthouses.Â
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June 11, 2025
Denver Appeals Decision Limiting Dam's Expansion
The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.
Expert Analysis
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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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.