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Public Policy
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May 29, 2025
Fed. Circ. Revives Trump Tariffs As It Weighs Appeal
The Federal Circuit temporarily reinstated President Donald Trump's global tariffs Thursday, a day after the U.S. Court of International Trade held that an emergency law did not give the president "unbounded authority" to impose the measures.
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May 29, 2025
IRS Delaying $11M Worker Tax Credit Payout, Hospital Says
A hospital forced to suspend its normal business as it responded to the COVID-19 pandemic told a Washington federal court Thursday that it's entitled to an $11.5 million tax refund for employee retention credits and that the IRS has failed to deliver the promised aid.
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May 29, 2025
Neb. Tribe Challenges Army's Repatriation Law Interpretation
A Nebraska tribe has said the U.S. Army is introducing new errors into its Fourth Circuit arguments against efforts to repatriate the remains of two children from a Native boarding school cemetery in Pennsylvania, telling the appellate court the attempt to complicate a straightforward federal law should be rejected.
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May 29, 2025
Trump Pardons Twice-Convicted Former Conn. Governor
President Donald Trump has pardoned former Connecticut Gov. John G. Rowland, a one-time chairman of the Republican Governors Association, who resigned from office in 2004 and served two stints in prison for corruption and lying to federal election officials.
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May 29, 2025
Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit
Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.
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May 29, 2025
Mass. Justices Revive Atty's Suit Against 'Spiteful' Colleagues
Massachusetts' highest court Thursday revived part of a lawsuit brought by a former appellate court staff attorney who said he was intentionally undermined by supervisors, finding that he had made a reasonable showing that two of the three original defendants had demonstrated actual malice toward him.
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May 29, 2025
Ore. Extends Tax Breaks For Affordable Housing Development
Oregon will delay the expiration of three property tax breaks intended to help the development of affordable housing under legislation signed by Democratic Gov. Tina Kotek.
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May 29, 2025
Mich. Farmers Must Bring New Suit To Challenge Crop Policy
A group of Michigan dry-bean farmers can't challenge the Federal Crop Insurance Corp.'s reapproval of a crop revenue insurance program after remand, a federal court ruled, saying the farmers must initiate a new suit to challenge a remanded agency decision.
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May 29, 2025
Trump Names 4 Jurists, State AG Official For Fla. Judgeships
President Donald Trump this week announced his nominations of four judges and a top official in the Florida Attorney General's Office to fill district judgeships in the Sunshine State's Middle and Southern Districts.
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May 29, 2025
Texas Bars Some Property Tax Hikes Above Voter-OK'd Rates
Texas will prohibit school districts from adopting property tax rates above voter-approved thresholds in response to a natural disaster if voters previously rejected a similar proposed rate increase, under a bill signed by Gov. Greg Abbott.
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May 29, 2025
DOJ Sidelines ABA From Vetting Trump's Judicial Picks
The Justice Department plans to direct judicial nominees away from a long-standing vetting process by the American Bar Association, labeling it an "activist organization," according to a Thursday letter by Attorney General Pamela Bondi.
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May 29, 2025
'Keyboard Terrorism' Against Officials Gets Colo. Man 3 Years
A Colorado federal judge Thursday sentenced a man to just over three years in prison for social media posts threatening to kill a state judge, the state's top election official and federal law enforcement, citing the seriousness of his "keyboard terrorism" in denying a plea for leniency.
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May 29, 2025
Mich. Judge Faces Watchdog Complaint For Disparaging Boss
A Michigan state judge made profane, disparaging comments about his chief judge during livestreamed proceedings and via emails to court employees and improperly used his position to help a judicial candidate, the Michigan Judicial Tenure Commission said in a new complaint Wednesday.
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May 30, 2025
CORRECTED: Pa. Justices Keep Block On Voting Machine Data-Sharing
Pennsylvania's Supreme Court left intact a lower court's ruling that blocked a county from sharing data it gleaned from unauthorized third-party inspections of its voting machines after the 2020 election. Correction: An earlier version of this story misstated which Commonwealth Court order was affirmed. The error has been corrected.
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May 29, 2025
3 Takeaways From The Judgments On Trump's Law Firm EOs
Three federal judges have now weighed in on President Donald Trump’s executive orders targeting law firms, with each ruling in favor of the firms and deeming the orders unconstitutional. Here are three takeaways from the combined 227 pages of those judges’ conclusions.
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May 29, 2025
Judge Keeps Block On Trump's Harvard Foreign Student Ban
A Massachusetts federal judge on Thursday said she will issue a preliminary injunction blocking the Trump administration from ending Harvard University's ability to accept international students, even as the government moved to withdraw its original notice of termination and called the case "moot."
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May 29, 2025
Senate Committee Sets June Hearing For Trump's EBSA Pick
The Senate's Health, Education, Labor and Pensions Committee will hold a hearing in early June on President Donald Trump's nominee to lead the U.S. Department of Labor's Employee Benefits Security Administration, according to a news release Thursday.Â
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May 29, 2025
High Court Restores Federal Approval Of Utah Oil Railway
The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.
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May 29, 2025
ICE Lost Benefit Of The Doubt In SEVIS Fights, Attys Say
The Trump administration's inability to explain why numerous foreign students' visa records were terminated has landed the federal government multiple losses in courtrooms across the country, with federal judges unwilling to presume the government had a good reason for the cancellations.
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May 28, 2025
International Trade Court Strikes Down Trump's Tariffs
The International Emergency Economic Powers Act does not give the president the "unbounded authority" to impose tariffs on goods from nearly every country in the world, the U.S. Court of International Trade ruled Wednesday, handing a win to small businesses and states challenging some of President Donald Trump's steep tariffs.
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May 28, 2025
Use Of Law To Detain Khalil Found Likely Unconstitutional
A New Jersey federal judge on Wednesday ruled that the Trump administration's use of a section of immigration law to detain Columbia University graduate Mahmoud Khalil is likely unconstitutional, citing several "strikes" against the law's application for Khalil's detainment.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
Fintech Group Warns Remittance Tax Will Hurt Consumers
The American Fintech Council sent a letter to members of Congress asking them to reconsider a proposed tax on remittances that is a part of the $3.8 trillion bill to extend and make permanent the Republican Party's 2017 tax overhaul law, also known as The One Big Beautiful Bill Act.
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May 28, 2025
Elon Musk Is Leaving White House Role, Trump Admin Says
Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.
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May 28, 2025
EchoStar Says FCC Should Not Question Buildout Extension
Echostar Corp. says the FCC has created a "dark cloud of uncertainty" by opening the door to comments about whether the agency should have given the company an extension on its deadline for building a broadband service using spectrum it acquired for its open RAN network plan.
Expert Analysis
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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.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
​​​​​​​By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.