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Public Policy
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May 19, 2025
US Budget Would Hike Taxes On Foreign Firms, Individuals
Foreign firms and individuals from countries with "unfair" fiscal policies such as digital services taxes, diverted profits taxes and the global minimum tax's backstop would pay higher U.S. taxes under the spending bill approved by the House Budget Committee.
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May 19, 2025
Trump Signs Anti-Revenge Porn Bill Into Law
President Donald Trump on Monday signed into law a bipartisan bill to combat deep fake revenge porn, a major priority for first lady Melania Trump that has been met with criticism from some technology groups over security and constitutional concerns.
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May 19, 2025
Calif. Landowners Seek Review Of 7th Amendment Precedent
A group of Northern California landowners has asked the U.S. Supreme Court to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
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May 19, 2025
Conservative Groups Push Media Ownership Deregulation
Nearly two dozen right-leaning groups and activists made a pitch for media ownership deregulation, telling the Federal Communications Commission that outdated restrictions are stifling local broadcasters at a time of rapid change in the media sector.
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May 19, 2025
NC Gov. Tacks On $891M To Hurricane Recovery Plan
North Carolina Gov. Josh Stein on Monday recommended adding $891 million to the funds earmarked for Hurricane Helene recovery efforts in the western region of the state, the largest chunk of which would go toward rebuilding the economy with small business loans and tourism promotion.
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May 19, 2025
NY AG Blasts Ski Resort Owner's Antitrust Fixes
The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.
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May 19, 2025
Doc Loses 4th Circ. Fight Over $5.5M Order After FCA Deal
A North Carolina district court was right to reject a doctor and his wife's request to overturn or modify a $5.5 million judgment against them for allegedly hiding assets after settling a previous False Claims Act case with the government, the Fourth Circuit ruled Monday.
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May 19, 2025
Mass. Atty Sues Town Official For Blocking Him On Facebook
A partner and litigation chair at a Massachusetts boutique firm said an official in his town blocked him from viewing her Facebook posts, including posts about official town business.
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May 19, 2025
Voice Provider Must Cut Off Jury Call Spoofs, FCC Says
The Federal Communications Commission says it's cracking down on a scam call ring that targeted Cook County, Illinois, residents with alerts that they'd missed jury duty and had to pay up to avoid penalty, ordering voice service provider Flowroute to stop carrying the traffic on its network or face a permanent block.
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May 19, 2025
Legalizers Wary Of Neb. Gov.'s Picks To Oversee Medical Pot
Nebraska's governor has announced appointments to lead the state's new voter-approved medical marijuana program, but the campaign behind the legalization effort criticized the picks as an insincere effort to implement a law that state leaders have opposed.
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May 19, 2025
2 Menendez Associates Must Await Appeal Behind Bars
The Second Circuit rejected bids by two of the businessmen convicted of bribing ex-U.S. Sen. Robert Menendez to avoid prison pending their appeal on a blockbuster corruption conviction.
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May 19, 2025
Justices Decline GOP Bid To Challenge Michigan Voting Laws
The U.S. Supreme Court on Monday turned away Michigan legislators who sued over election measures adopted by Great Lakes State voters, leaving in place a Sixth Circuit ruling that the individual lawmakers lacked standing.
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May 19, 2025
Justices Allow End Of Temporary Protections For Venezuelans
The U.S. Supreme Court ruled Monday that the Trump administration may rescind temporary protected status for Venezuelans, lifting a California federal judge's order requiring the government to keep Biden-era removal protections and work authorizations in place during a legal battle over a policy change.
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May 19, 2025
Vape Makers, Sellers Want NC E-Cigarette Law Stayed For Suit
A group of vaping industry entities including a trade group, electronic cigarette makers and sellers urged a North Carolina federal judge to temporarily block enforcement of a new state regulation of their market while they pursue their challenge to the statute, which they argued is preempted by federal law.
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May 19, 2025
Justices Decline Fireworks Co.'s Challenge To CPSC Notices
The U.S. Supreme Court on Monday declined to review a firework importer's challenge to U.S. Consumer Product Safety Commission notices that said the products violated federal standards, leaving in place a Fourth Circuit decision that informal agency notices are not final actions under the Administrative Procedure Act.
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May 16, 2025
DC Circ. Judges Skeptical Of Blockade On ÃÛÌÒÊÓÆµ Mass Layoffs
A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.
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May 16, 2025
9th Circ. Revives Nicaraguan Family's Asylum Bid
A split Ninth Circuit panel on Friday revived a Nicaraguan family's bid for deportation relief, saying an immigration judge improperly handled their claims of persecution stemming from a mother's participation in a 2018 march protesting the country's Ortega regime.
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May 16, 2025
Florida Wrongly Took Unclaimed Funds, 11th Circ. Rules
The Eleventh Circuit on Friday revived a Florida couple's proposed class action over unclaimed property, vacating a lower court's judgment that a $26.24 insurance premium refund they were owed was assumed to be abandoned before it was transferred into state custody.
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May 16, 2025
No 'Magic Words' Needed To Sue KKR For Hiding Deals, DOJ Says
KKR is trying to duck a U.S. Department of Justice lawsuit seeking fines that could top $650 million, by reading standards for seeking penalties that are not there, the government said Thursday, defending claims that the private equity giant failed to notify two mergers and deleted key documentation from notifications.
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May 16, 2025
FINRA Faces Calls To Narrow Its Outside Biz Rule Revamp
The Financial Industry Regulatory Authority has received a range of feedback on its proposal to streamline reporting requirements for firm representatives' outside business activities, with industry groups urging various tweaks to the measure, and a state regulator and investment adviser group opposing it outright.
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May 16, 2025
FCC Taking Steps To Expand Use Of 12 GHz, 42 GHz Bands
When the Federal Communications Commission gets together Thursday for their next monthly open meeting, they plan to get the ball rolling on a rulemaking to figure out ways the 12.7 GHz and 42 GHz bands "could be used more intensively by satellite communications."
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May 16, 2025
Feds Defend Oneida Nation's 500-Acre Land Trust Decisions
The Interior Department says a Wisconsin town's bid to vacate decisions to take 500 acres into trust for the Oneida Nation is meritless, telling a federal court that the municipality fails to meet its Administrative Procedure Act burden to show any bias stemming from the agreement.
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May 16, 2025
Fla. Gov. Says He Will Veto Bill To Expand Death Damages
Florida Gov. Ron DeSantis has said he will veto a bill recently passed by Florida lawmakers to repeal a statute limiting pain-and-suffering damages in fatal medical malpractice cases, saying a veto will prevent a flood of lawsuits against healthcare providers.
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May 16, 2025
CFTC May Be Hobbled As Another Member Announces Exit
The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero announced Friday that she will be stepping down as commissioner at the end of the month, potentially leaving the agency struggling to move forward with only two members as it awaits congressional action on President Donald Trump's nominee for chair.
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May 16, 2025
DOJ's Privilege Claim Questioned In Abrego Garcia Case
A Maryland federal judge said Friday that the Trump administration had provided scant explanation for invoking state secrets privilege to shield information in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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How Lenders Should Prepare For Crypto As Collateral
Amid the administration's desire to position the U.S. as a digital banking leader, lenders should prepare for customers seeking to use cryptocurrency as collateral for financing, consider which rules govern these transactions, and assess their ability to obtain or maintain control of the virtual funds, say attorneys at Frost Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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Calif. May Pick Up The Slack On Foreign Bribery Enforcement
The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.