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Public Policy
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June 05, 2025
DOL Benefits Arm Needs Turnaround, Nominee Tells Senators
President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.
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June 05, 2025
USDA Sued Over $13M Food Aid Cut In Pennsylvania
Pennsylvania sued the U.S. Department of Agriculture for pulling $13 million in funds meant for a local food purchase assistance program, telling a federal judge that the decision will have a "devastating effect" on the state's farmers and food banks contrary to the department's mission.
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June 05, 2025
Connecticut Lawmakers OK Bill Targeting Illicit THC
Legislators in Connecticut have approved a bill cracking down on illicit marijuana and hemp product sales outside the state's regulated marketplace.
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June 05, 2025
Judge Wants Details On Harm From Trump Wind Farm Pause
A Massachusetts federal judge Thursday asked a coalition of states and a clean-energy advocacy group for more specifics about the harm they allegedly will be caused by the Trump administration's decision to pause wind farm permitting, and said he wanted to move forward with a trial "promptly."
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June 05, 2025
Calif. Assembly OKs Exemption For Returned Tribal Land
California land that is transferred to a federally recognized Native American tribe would be exempt from state real estate transfer tax under a bill passed in the state Assembly.Â
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June 05, 2025
Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.
The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.
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June 05, 2025
Justices Fault Wis. For Denying Tax Break To Charities
Wisconsin discriminated against a group of Catholic charities when it denied them an unemployment tax exemption, the U.S. Supreme Court said Thursday, rejecting the state's argument that the charities were not operated primarily for religious purposes.
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June 05, 2025
Justices Nix Higher Hurdle For Heterosexual Bias Claims
A unanimous U.S. Supreme Court on Thursday vacated the Sixth Circuit's ruling that plaintiffs claiming anti-heterosexual workplace discrimination need to provide extra "background circumstances" evidence, opining that it improperly imposed special standards on majority-group plaintiffs.
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June 04, 2025
Trump Issues Travel Ban On 12 Countries, Limits 7 Others
President Donald Trump on Wednesday issued a proclamation banning travelers from a dozen countries, including several he targeted during his first administration, and placed travel limitations on travelers from seven other countries, citing national security concerns.
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June 04, 2025
Trump Takes New Tack To Ban Harvard's Foreign Students
President Donald Trump announced Wednesday that he will restrict Harvard University's international students from entering the country based on supposed national security concerns, less than a week after a Massachusetts federal judge indicated she will block the administration from banning the university's foreign students.
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June 04, 2025
Texas Unauthorized Student Tuition Law Axed Hours After Suit
A Texas federal judge on Wednesday scrapped a decades-old Texas law that allowed college students without legal residency to pay in-state tuition, hours after the Trump administration filed suit to challenge the law as unconstitutional and after the state agreed the law conflicted with federal immigration law.
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June 04, 2025
Dems Say Robocalls Can't Be Stopped With Less Money, Staff
Combating the scourge of robocalls is normally a more bipartisan issue, but at a House subcommittee hearing Wednesday, Democrats used the opportunity to take aim at the Trump administration for cutting funding and jobs from agencies tasked with fixing the problem.
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June 04, 2025
Ex-CFTC Chair Warns Crypto Bill's Loopholes Still Too Wide
Former leaders of the Commodity Futures Trading Commission on Wednesday told U.S. House lawmakers mulling a bill to regulate cryptocurrency markets that the legislation needs to close potential regulatory loopholes and that Congress must expand the agency's resources if they expect it to police the bulk of the digital asset space.
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June 04, 2025
1st Circ. Upholds Block On Trump's Education Dept. Job Cuts
The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.
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June 04, 2025
Yogis' Legal Warrior Pose Gets Beach Ban Lifted At 9th Circ.
The Ninth Circuit on Wednesday ordered a lower court to grant a preliminary injunction to yoga instructors who challenged San Diego's prohibition on free yoga classes at shoreline parks, finding the activity to be speech protected by the First Amendment since it imparts a skill derived from special knowledge.
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June 04, 2025
GAO Tells Congress DOD Must Take Fraud Risk Seriously
The Government Accountability Office's director of forensic audits and investigative services testified Wednesday that words and actions by U.S. Department of Defense leadership have called into question the DOD's commitment to combating fraud.
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June 04, 2025
DC Judge Won't Halt Education Data Collection Rollback
A D.C. federal judge refused to halt the Department of Education's cancellation of $900 million in data maintenance and collection contracts, saying it's not the court's place to "breathe life back into" large swaths of canceled programs and monitor day-to-day statutory compliance.
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June 04, 2025
Feds Say 'No Viable Path' Forward For Calif. High-Speed Rail
The U.S. Department of Transportation said Wednesday that the California high-speed rail's overblown budget and ongoing mismanagement indicate that there's "no viable path" to completing the project on schedule, so the federal government is preparing to pull nearly $4 billion in funding.
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June 04, 2025
What To Know About Trump's Shake-Up At Copyright Office
The firing of Shira Perlmutter by President Donald Trump as the head of the U.S. Copyright Office has introduced uncertainty into the agency's operations, including whether a previously unannounced report on artificial intelligence will ever be released, and set up a fight regarding the president's power to remove and replace whoever he wants without congressional input.
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June 04, 2025
Scalia Invoked Against Trump's Citizenship Stance At 9th Circ.
A panel of Ninth Circuit judges scrutinized the Trump administration's take on the citizenship clause as the government argued Wednesday to preserve the president's push to curb birthright citizenship, with one judge suggesting the late U.S. Supreme Court Justice Antonin Scalia would've rejected the attempt to read "beyond the mere words" of the 14th Amendment.
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June 04, 2025
Bowman Confirmed As Trump's Top Banking Regulator At Fed
Senators on Wednesday confirmed Federal Reserve Gov. Michelle Bowman to become the central bank's next vice chair for supervision, elevating the former Kansas community banker to a powerful perch overseeing many of the biggest Wall Street financial institutions.
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June 04, 2025
NC Governor Launches Council To Advise On Cannabis Policy
North Carolina Gov. Josh Stein on Wednesday announced the creation of a state advisory council on cannabis to develop a comprehensive policy with respect to the regulation of hemp and marijuana.
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June 04, 2025
Judge Ponders If Netflix's Tax Theory Is 'Too Philosophical'
A Colorado appellate judge on Wednesday wondered if Netflix's argument for why its subscriptions are not subject to state sales tax is "too philosophical" and doesn't reflect its actual transactions with customers, at a hearing in the state's appeal.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
Judge Halts Fla. Law Over Medicaid Ballot Initiative Concerns
A Florida federal judge on Wednesday blocked state officials from enforcing part of a new law that opponents say threatens to criminalize those collecting signatures for a 2026 ballot initiative to expand Medicaid access.
Expert Analysis
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What Employers Should Know About New Wash. WARN Act
Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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What To Know About New Wash. Community Association Law
A series of recent legislative updates that greatly expand application of the Washington Uniform Common Interest Ownership Act pose significant challenges to the volunteer board members who administer and operate condos and homeowners associations, but there are ways to lessen the newly imposed administrative burden, says Tim Feth at VF Law.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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UK May Play Major Role In Corporate Misconduct Regulation
In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.