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Public Policy
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June 09, 2025
2nd Circ. Weighs Menendez Bail Bid Over Evidence Mishap
The Second Circuit questioned Monday whether providing excluded evidence to the jury in former U.S. Sen. Bob Menendez's bribery trial is the type of error that can justify bail pending appeal.
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June 09, 2025
Trump Orders Targeting DEI, LGBTQ+ Funding Partly Blocked
A California federal judge Monday blocked portions of President Donald Trump's executive orders targeting diversity and inclusion policies and programs serving the LGBTQ+ community, saying a group of nonprofits is likely to succeed in showing that stripping their federal funding violates their constitutional rights.
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June 09, 2025
DOJ's KKR Suit Turning M&A 'Into A Trap,' PE Group Says
A private equity trade group is seeking to back KKR's bid to dismiss a Justice Department lawsuit seeking fines that could top $650 million for allegedly hiding key documentation and entire transactions from merger notification, arguing that enforcers are trying to create a brand new requirement for "perfect" filings.
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June 09, 2025
Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling
Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.
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June 09, 2025
Senate Confirms Brett Shumate To Head DOJ Civil Division
The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
Senate Confirms Gibson Dunn Partner For EPA's No. 2 Post
The U.S. Senate on Monday confirmed David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post.
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June 09, 2025
DC Judge Won't Intervene In CPB Board Firings
A D.C. federal judge declined to block President Donald Trump's attempt to fire three members of the Corporation for Public Broadcasting's board, ruling that Trump likely had authority to remove them while noting the CPB has since changed its own rules to protect its members from removal moving forward.
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June 09, 2025
Judge Denies Obstructing ICE As Disciplinary Hearing Begins
An attorney for a Massachusetts state judge, who was accused of plotting to let a man wanted by immigration agents escape out of a back door of a courthouse in 2018, said at the start of a disciplinary inquiry Monday that the judge did not know about the plan, pointing the finger at the wanted man's lawyer.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
6th Circ. Urged To Revive Suit Over Student Loan Freeze
A Michigan think tank has urged the Sixth Circuit to revive its challenge to a Biden-era student loan forgiveness program during the COVID-19 pandemic, telling the appellate court that a district judge was wrong to find it didn't have standing. Â
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June 09, 2025
3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal
The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.
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June 09, 2025
Speaker Johnson Defends AI Moratorium In Reconciliation Bill
House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.
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June 09, 2025
Philly Cut From American Airlines Suit After Contrary Takes
The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.
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June 09, 2025
FCC Says Power Cos. Can Call Customers About Usage
The Federal Communications Commission ruled Monday that power companies are free to call or text customers who have supplied their telephone numbers to inform them about so-called "demand management" programs aimed at cutting usage during peak hours.
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June 09, 2025
FCC Affirms $2.4M Fine For Miami DJ's 'Pirate Radio'
The Federal Communications Commission affirmed a nearly $2.4 million fine against a Miami-area DJ for operating an alleged illegal "pirate radio" in 2023, finding that he disregarded previous calls to stop unauthorized radio operations in the past.
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June 09, 2025
Migrant Kids Funding Suit Belongs In Claims Court, Feds Say
The government has asked a California federal judge to dismiss a lawsuit challenging its termination of legal services programs for immigrant unaccompanied minors, arguing that the case is essentially a contract dispute the court lacks authority over.
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June 09, 2025
'No Question' DuPont Polluted Delaware River, NJ Court Told
New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.
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June 09, 2025
CEOs Back Trump's Tax-Deferred Child Investment Accounts
The CEOs of several large corporations, including Dell Technologies, Uber and Goldman Sachs, pledged to contribute millions of dollars to tax-advantaged brokerage accounts for newborns that would be established under the House-passed budget bill, President Donald Trump announced at the White House on Monday.
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June 09, 2025
MoneyLion Must Wait To Challenge ÃÛÌÒÊÓÆµ's Fed Funding
A New York federal judge has said that while MoneyLion may challenge the Consumer Financial Protection Bureau's funding as a defense to an enforcement lawsuit, the fintech must first answer the agency's allegations that it overcharged service members.
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June 09, 2025
US Eyes Deal With China On Rare Metals, Chips, Official Says
The U.S. government hoped to reach an agreement Monday with China's government to loosen export controls on rare earth elements in exchange for the U.S. relaxing controls on semiconductors, the White National Economic Council director said.Â
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June 09, 2025
Madigan Denied Acquittal, New Trial Ahead Of Sentencing
An Illinois federal judge on Monday denied former Illinois House Speaker Michael Madigan's bid for acquittal or a new trial, clearing the way for him to be sentenced for bribery, wire fraud and conspiracy later this week.
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June 09, 2025
Businesses Warn Fed. Circ. Against Pausing Block On Tariffs
Thousands of businesses would suffer "irreparable harm" if the Federal Circuit halts the U.S. Court of International Trade's order that struck down President Donald Trump's global tariffs, a wine importer told the appellate court, urging against a long-term pause.
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June 09, 2025
Fla. Sheriff Charged In $21M Gambling, Corruption Scheme
Florida Gov. Ron DeSantis has issued an executive order suspending a county sheriff following a state and federal investigation into an illegal $21.6 million gambling operation, resulting in racketeering-related charges against the law enforcement official for his involvement in the enterprise, state officials said.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Max Pressure On Iran May Raise Secondary Sanctions Risk
New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
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Platforms Face Liability Shift Under Anti-Revenge Porn Law
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.