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Public Policy
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June 05, 2025
Colo. Gov. Faces Suit Over Order To Comply With ICE Info Bid
Colorado Gov. Jared Polis was accused in court Wednesday of forcing government employees to violate a state law by requesting they honor U.S. Immigration and Customs Enforcement requests for information about 35 sponsors of unauthorized immigrant children.
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June 05, 2025
SEC Wants 8th Circ. To Remand 'Dealer' Suit After Dismissals
The U.S. Securities and Exchange Commission asked the Eighth Circuit on Thursday to send a $12 million case it won against Carebourn Capital back to the district court in light of its recent decision to take a less expansive approach to the definition of "securities dealer."
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June 05, 2025
DC Circ. Won't Make FCC Reconsider LTD Broadband Funds
The D.C. Circuit isn't going to touch a Federal Communications Commission decision denying LTD Broadband LLC $1.3 billion in rural network deployment funds after the company failed to convince the agency that it could connect the half-million locations that came with the money.
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June 05, 2025
Crypto.com Says Nevada Can't Sue Over Sports Contracts
The derivatives platform owned by Crypto.com on Thursday urged a Nevada federal judge to block the state's gaming regulators from taking action over its sports event contracts, arguing the federal court has already granted similar relief to trading platform Kalshi.
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June 05, 2025
SEC Seeks To Cut Enforcement Staff To 2010 Levels
The U.S. Securities and Exchange Commission could see its lowest level of enforcement attorneys since the first Obama administration if Congress approves the agency's requested budget, with the proposal indicating that even more workers could leave the SEC in the next fiscal year.Â
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June 05, 2025
Sens. Float Automatic Biosimilar Interchangeable Label
A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.
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June 05, 2025
$1.36B Home Healthcare Deal Dropped Amid FTC Scrutiny
Healthcare solutions company Owens & Minor said Thursday that it's abandoning its $1.36 billion plan to buy home-based care business Rotech Healthcare Holdings after the Federal Trade Commission's scrutiny proved too much to bear.
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June 05, 2025
Groups Call US-Salvadoran Migrant Detainee Deal Unlawful
A coalition of immigrant advocacy groups and criminal defense lawyers sued the Trump administration in D.C. federal court Thursday, alleging its agreement with El Salvador to imprison deported noncitizens for as much as $20,000 per person violates federal law.
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June 05, 2025
4 AGs Urge FDA To Lift Abortion Pill Restrictions
Attorneys general from California, Massachusetts, New York and New Jersey on Thursday urged the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying they aren't necessary under statutory requirements for an FDA drug safety program.
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June 05, 2025
Fed, OCC Face Bipartisan Call For Leverage Ratio Reform
Republican and Democratic lawmakers teamed up Thursday to urge federal banking regulators to revisit their bank leverage rules "with haste," pointing to U.S. Treasury market liquidity concerns and asking for details about potential adjustments under consideration.
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June 05, 2025
States, Attys, Groups Push 8th Circ. For ND Tribes' Voting Rights
Nineteen states, 16 former federal attorneys and a slew of civil rights groups are backing two North Dakota tribes in their efforts for an Eighth Circuit rehearing, arguing the appellate court's semantic shift regarding voting rights presents important questions that merit its full consideration.
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June 05, 2025
SEC Beats Challenge To Stricter Shareholder Proposal Rule
A Washington, D.C., federal judge Thursday upheld the U.S. Securities and Exchange Commission's rule that raises eligibility requirements for submitting shareholder proposals, disagreeing with investor advocacy groups that the requirements "severely impair" investors' input on corporate policies.
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June 05, 2025
States Push To Block Feds From Slashing EV Charging Funds
Sixteen states have pressed a Washington federal judge to block the Trump administration from cutting off congressionally approved funding for electric-vehicle charging infrastructure projects, saying state budgets and procurement processes are being upended by the administration's unilateral actions.
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June 05, 2025
Wash. County Ex-Diversity Manager Lodges Retaliation Suit
A former equity, inclusion and belonging manager for Washington state's King County, home to Seattle, has launched a lawsuit contending she was blocked from addressing employee concerns about bias in the workplace, mistreated by white male colleagues, and ultimately pushed out amid a "challenging culture of silence and inaction."
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June 05, 2025
SEC Panel Backs Rules Curbing Advisers' Arbitration Power
An investor-focused committee recommended Thursday that the U.S. Securities and Exchange Commission enact rules governing mandatory arbitration clauses between registered investment advisers and their clients, concerned that such clauses can harm investors.
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June 05, 2025
Multifamily REIT Hit With Housing Voucher Bias Suit
A civil rights nonprofit has accused multifamily real estate investment trust AvalonBay Communities Inc. of discriminating against tenants who use housing vouchers by falsely advertising the bedrooms in one of its District of Columbia properties.
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June 05, 2025
Mich. Judge Trims Property Owners' Foreclosure Surplus Suit
A Michigan federal judge trimmed a proposed class action filed by former property owners who accused Wayne County of wrongfully refusing to pay them surplus proceeds from tax foreclosure sales.
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June 05, 2025
Texas Plastics Co. Challenges IRS Over Microcaptive Rules
A Texas plastics company sued the IRS over regulations flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, telling a Texas federal court that the agency exceeded its authority by imposing broad disclosure requirements that could penalize even legitimate arrangements.
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June 05, 2025
DOJ Says Cross-Border Monopoly Member Deserves 11 Years
The U.S. Department of Justice is seeking 11 years in prison and a $2 million fine for a man who pled guilty to charges tied to the running of a cross-border used-car transport business, which prosecutors say used violence to keep competition at bay.
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June 05, 2025
Pa. City's Receiver Asks Court To Rein In Stormwater Board
The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.
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June 05, 2025
Tenn. To Add New Tax To CBD And Delta-8 Products
Tennessee is set to impose a new wholesale tax structure on hemp-derived THC products, eliminating its 6% retail sales tax at the beginning of 2026, according to a notice published Thursday.
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June 05, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in May on issues such as making room for 5G's use of the airwaves, licensing tribal spectrum, broadband mapping, the 12.7 gigahertz band, FCC satellite rules and more.
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June 05, 2025
Michigan House Escalates Docs Fight With Secretary Of State
The Michigan House of Representatives sued the state's top election official Thursday, saying she has withheld election training materials from lawmakers despite a House subpoena.
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June 05, 2025
Maryland Judge Halts 'Mass Closure' Of AmeriCorps Programs
A Maryland federal judge on Thursday temporarily enjoined the Trump administration's "mass closure" of AmeriCorps programs in two dozen states and ordered more than 750 national service members be restored, but declined to vacate the firing of AmeriCorps' paid staff.
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June 05, 2025
'Rubio Determination' Must Be Stricken, Khalil Says
Attorneys for Columbia University graduate Mahmoud Khalil asked a New Jersey federal court to block Secretary of State Marco Rubio's doctrine of linking deportation with foreign policy interests, telling the court that he will suffer irreparable harm if his detention on foreign policy grounds continues.
Expert Analysis
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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Avoiding Pitfalls Around New Calif. Commercial Lease Law
A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.