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Public Policy

  • June 03, 2025

    9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban

    The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.

  • June 03, 2025

    SEC Chair Says Next Steps On Crypto Regs Coming Soon

    U.S. Securities and Exchange Commission Chair Paul Atkins indicated Tuesday that the agency is working toward proposing regulations for the cryptocurrency industry and that a key aspect of the work being done by a recently established crypto task force could be complete within a matter of months.

  • June 03, 2025

    MyPillow CEO Denies Defamation By Association At Colo. Trial

    An attorney for MyPillow CEO Mike Lindell told a Colorado jury Tuesday that Lindell didn't control the allegedly defamatory statements that other conservative personalities made on his media platform, at the start of a trial on a former voting company executive's defamation claims. 

  • June 03, 2025

    Pharma Group Can Pursue Challenge To Insulin Pricing Law

    A Minnesota federal judge refused Tuesday to throw out a lawsuit over a state law requiring drugmakers to provide insulin to low-income diabetic patients, finding the drug industry's top lobbying group has plausibly alleged that a new registration fee imposed by the law could be unconstitutional.

  • June 03, 2025

    Senators Preview Possible National Injunction Reforms

    A Senate hearing on Tuesday was marked largely by partisan fighting over whether federal courts have justifiably ruled against the Trump administration, but there were some hints that cooperation to rein in acknowledged litigation abuses such as forum shopping and universal injunctions might be possible.

  • June 03, 2025

    Ga. Seeks Chance To Defend New Social Media Age Limit Law

    The state of Georgia asked a federal judge on Tuesday to hold off on blocking new state-imposed restrictions on minors' use of social media before they take effect next month, suggesting the court should at least unpack how the law might work in practice before deciding whether it violates the First Amendment.

  • June 03, 2025

    DC Judge Blocks Trump's Ban On Transgender Prisoner Care

    A D.C. federal judge on Tuesday blocked the enforcement of a Trump administration executive order barring funding of gender-affirming care in federal prisons and granted class certification to a group of transgender inmates challenging the directive.

  • June 03, 2025

    Big 3 Wireless Companies Divvying Up UScellular, FCC Told

    T-Mobile, AT&T and Verizon appear to be coordinating to split UScellular among themselves and the Federal Communications Commission needs to review the megadeals in their totality and not just individually, public interest groups said.

  • June 03, 2025

    Unsigned Copyright Certificates Raise Validity Questions

    The Trump administration's dismissal of Shira Perlmutter as head of the U.S. Copyright Office, coupled with the ensuing legal dispute over who is leading the agency and whether the firing was lawful, has resulted in the office issuing copyright certificates without a signature, raising questions about whether those are valid.

  • June 03, 2025

    FCC Delays Cutoff For 4.9 GHz User Data As It Mulls 5G Intro

    The Federal Communications Commission is giving public safety agencies with licenses in the public safety band an additional 30 days to share technical data about their existing radio operations, saying it wants the most accurate information available as it moves forward with reforms in the band.

  • June 03, 2025

    9th Circ. Wary Of Dormant Commerce Application To Cannabis

    A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.

  • June 03, 2025

    4th Circ. Again Decertifies Marriott Data Breach Classes

    The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.

  • June 03, 2025

    HHS, DOGE Accused Of Using Flawed Data In Mass Layoffs

    Former federal workers laid off by the U.S. Department of Health and Human Services brought a putative class action Tuesday in D.C. federal court alleging their terminations were unlawful because they were based on "hopelessly error-ridden" personnel records, in violation of the Privacy Act.

  • June 03, 2025

    Wis. Village Wants Reversal Of Land Transfers To Tribal Trust

    Hobart, Wisconsin, has asked a federal judge to undo a move by the U.S. Department of the Interior to place properties into a trust for the Oneida Nation, arguing that the transfers were made despite the village's claims of a biased administrative process.

  • June 03, 2025

    FCC Urged To Move Faster In Opening Upper C-Band

    A Washington, D.C., think tank said the Federal Communications Commission should move quickly to open the upper C-band for mobile 5G use while maintaining protections for aircraft that use nearby airwaves.

  • June 03, 2025

    Citi's Global Sanctions Head Tapped For Treasury Role

    President Donald Trump has nominated Citigroup's global head of banking sanctions compliance to serve as the U.S. Department of the Treasury's assistant secretary for terrorist financing, according to congressional records, in a move that would mark his return to the department after years in the private sector.

  • June 03, 2025

    NJ Steel Co. Seeks Block Of OSHA Review Agency Hearing

    A steel fabrication company is urging a New Jersey federal court to give it an early win in its suit against an independent federal commission over nearly $350,000 in proposed penalties, arguing that it will be required to undergo an unconstitutional proceeding without court intervention.

  • June 03, 2025

    Texas Gives Some Property Owners More Time To Pay Taxes

    Some Texas property owners whose taxing authorities allow bills to be paid in two installments will get more time to make their initial payment under legislation signed by Gov. Greg Abbott.

  • June 03, 2025

    Fed. Bill Pushes For Streamlined Access To Tribal Disaster Aid

    A trio of Washington state federal lawmakers has reintroduced a bill in the U.S. House of Representatives that would fast-track the process for tribal nations to apply for resources to manage the impact of extreme weather and natural disasters, and address their environmental resiliency and relocation goals.

  • June 03, 2025

    Senate Panel Advances Trump's Pick To Lead IRS

    The Senate Finance Committee approved President Donald Trump's selection of former U.S. Rep. Billy Long to serve as commissioner of the IRS on Tuesday, sending the nomination to the full Senate.

  • June 03, 2025

    US Withdraws From El Paso Tribal Land Ownership Dispute

    The U.S. says it no longer wants to intervene in a dispute between the Ysleta del Sur Pueblo and the city of El Paso, Texas, over 155 acres of land, a shift in position from the prior administration that argued it never authorized non-Native Americans to usurp the tribe's property.

  • June 03, 2025

    KKR Says DOJ Merger Notice Suit Rewrites HSR Act

    KKR pushed a New York federal judge to dismiss a U.S. Department of Justice lawsuit seeking fines that could top $650 million, arguing that in defending claims the private equity giant failed to notify two mergers and deleted key documentation from notifications, enforcers are trying to "expand" merger filing requirements.

  • June 03, 2025

    Supreme Court Won't Hear Mich. Gym's COVID Closure Suit

    The U.S. Supreme Court on Monday said it would not hear a petition from a Michigan gym seeking compensation from the state for the economic losses it suffered after being forced to scale back services or close during the height of the COVID-19 pandemic.

  • June 03, 2025

    Fla. Jury Finds CEO Guilty In $1.4B Medicare Fraud

    A Florida federal jury on Tuesday found a software company CEO guilty of participating in a scheme to coordinate illegal medical kickbacks through an internet platform, resulting in about $1.4 billion worth of false billings to Medicare and other insurers for unnecessary medical products, including orthotic braces.

  • June 03, 2025

    Bills Texas Attys Should Know From The 2025 Session

    Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.

Expert Analysis

  • A Primer On The Trading And Clearing Of Perpetual Contracts

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    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.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    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.

  • 5 Areas Contractors Should Watch After 1st 100 Days

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    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.

  • Planning For Open Banking Despite ÃÛÌÒÊÓÆµ Uncertainty

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    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.

  • Crunching The Numbers Of Trump SEC's 1st 100 Days

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    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.

  • Charging A Separate Tariff Fee May Backfire For Retailers

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    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.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • Risk Control Tips For Banks With Cryptocurrency Customers

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    Given federal policy shifts, cryptocurrency's presence within the U.S. banking system will doubtless increase, so banks should keep in mind key risk control considerations when accepting funds related to cryptocurrency transactions — and make sure they know their customers and the crypto industry, says Jason Noto at Polsinelli.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

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    The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

  • Trump DOE's Plan On AI Offers Challenges, Opportunities

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    The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.

  • NY Tax Talk: Sourcing, Retroactivity, Information Services

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    Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.

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