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Public Policy

  • June 11, 2025

    Think Tank Says Ill. 'Captive Audience' Fight Should Proceed

    A libertarian think tank and business group urged an Illinois federal judge Wednesday to let its legal challenge to a recent state law banning mandatory workplace meetings on politics and religion continue, arguing its already-chilled speech is enough to establish pre-enforcement standing.

  • June 11, 2025

    DC Circ. Pauses Habeas Order In Alien Enemies Act Case

    The D.C. Circuit has agreed to briefly pause a lower court order requiring the Trump administration to give due process to Venezuelan immigrants deported from the U.S. to a Salvadoran prison under the Alien Enemies Act.

  • June 11, 2025

    EPA Floats Takedown Of Biden GHG, Mercury Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday said that the nation's power sector's greenhouse gas emissions don't significantly endanger people's health, and that therefore, the Clean Air Act doesn't allow regulations aimed at reducing those releases.

  • June 11, 2025

    VA Contractor To Pay $4.3M To Resolve Overbilling Claims

    Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.

  • June 11, 2025

    AGs Press Meta To Do More To Stop Pump-And-Dump Scams

    Attorneys general from states and territories around the country, as well as the District of Columbia, sent an open letter to Meta Platforms Inc. Wednesday urging the social media giant to help stem the tide of widespread investment scams across Facebook and WhatsApp that they said have caused people to lose "life-changing" amounts of money.

  • June 11, 2025

    DOJ Says Newsom Can't Ask Court To Halt Guard Deployment

    The Trump administration is telling a California federal judge its decision to federalize the National Guard is unreviewable in court, calling California Gov. Gavin Newsom's effort to stop the takeover "a crass political stunt" in a new filing Wednesday.

  • June 11, 2025

    FCC Dem's Job Safe For Now As Agency Ranks Shrink

    The Federal Communications Commission is running on a shoestring when it comes to high-level decisions, with only a Republican chair and Democrat left in charge after recent departures that have made the agency's chairman unable to move major initiatives.

  • June 11, 2025

    3rd Circ. Seems Skeptical Of NJ Town's Car Seizure Process

    The Third Circuit seemed open Wednesday to a bid by Honda's leasing arm to have a Garden State town's towing ordinance deemed unconstitutional, with judges appearing doubtful that it adequately provides for due process.

  • June 11, 2025

    Senate Commerce Dems Demand Review Of Cruz Budget Bill

    Democrats on the Senate Commerce, Science, and Transportation Committee urged the chair on Wednesday to hold a formal markup for their reconciliation proposal, which includes a spectrum deal, instead of fast-tracking it to the Senate floor.

  • June 11, 2025

    Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments

    National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.

  • June 11, 2025

    DOJ Says Abrego Garcia's Return Moots His Removal Suit

    U.S. Department of Justice attorneys told a Maryland federal judge they will soon ask the court to dismiss Kilmar Abrego Garcia's suit challenging his erroneous removal to El Salvador, saying his return to the U.S. to face criminal charges moots the matter.

  • June 11, 2025

    DC Attys Say They Had Small Role In 2020 Mich. Election Suit

    A pair of Washington, D.C., attorneys on Wednesday urged a disciplinary panel to dismiss ethics claims against them, telling the panel that they had no control over the filing of a complaint challenging the 2020 presidential election results that was later found to be frivolous.

  • June 11, 2025

    Debt Collectors Push FCC To Shed Consumer Contact Rules

    Debt collectors are adding their two cents to the Federal Communications Commission's request for unnecessary regulations that should be eliminated, calling on the agency to eliminate an upcoming rule that would make it easier for individuals to stop future robocalls and texts.

  • June 11, 2025

    DOJ Legal Policy Chief, Adviser On Judge Selections, Resigns

    Aaron Reitz, a top U.S. Department of Justice official who works on judicial nominations, announced Wednesday he's resigning after being confirmed for the role on March 26.

  • June 11, 2025

    Developers Urge Revival Of Suit To Unseat Miami Official

    Two real estate developers seeking to unseat a Miami commissioner from office following a $63.5 million judgment for civil rights violations told a Florida appeals court Wednesday that the city's charter provides for the removal of a public official found to have violated their office.

  • June 11, 2025

    House Budget Would Strong-Arm Foreign Gov'ts, Experts Say

    The U.S. House-passed budget would discard the tax-exempt status of foreign governments and entities connected to them, such as sovereign wealth funds, and impose escalating tax rates if those countries employ fiscal policies that lawmakers consider unfair, according to several experts.

  • June 11, 2025

    ACLU Seeks To Halt Quick Removals After Courthouse Arrests

    The American Civil Liberties Union asked a D.C. federal judge to postpone implementation of a rule and guidance expanding expedited removals of noncitizens to the interior U.S., after immigration officials started detaining immigrants at courthouses. 

  • June 11, 2025

    Denver Appeals Decision Limiting Dam's Expansion

    The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.

  • June 11, 2025

    Union Pacific Can Appeal BIPA Retroactivity At 7th Circ.

    An Illinois federal judge on Tuesday allowed Union Pacific to pursue an early appeal of her finding that a recent amendment to Illinois' biometric privacy law limiting companies' exposure does not apply retroactively, recognizing the "novelty and complexity of the legal issue" and allowing the Seventh Circuit the opportunity to weigh in.

  • June 11, 2025

    Del. Justices OK Early Review Of New Corp. Liability Shield

    Delaware's justices agreed to a fast-tracked state constitutional review Wednesday for questions in a Court of Chancery case affected by state legislation approved in March that expanded and made retroactive "safe harbor" liability shields for conflicted corporate directors or controllers.

  • June 11, 2025

    Trump Presses 2nd Circ. To Federalize Hush Money Appeal

    Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.

  • June 11, 2025

    Trump Pick For IRS Chief Clears Key Senate Hurdle

    President Donald Trump's nominee to serve as commissioner of the Internal Revenue Service survived a key procedural vote Wednesday in the Senate, setting the stage for the chamber to proceed with a final vote on his confirmation.

  • June 11, 2025

    Lockheed Not Liable For Reporting Employee To Government

    Lockheed Martin is shielded from a former employee's defamation and other claims that were based on the defense contractor's mandatory reporting of suspected misconduct, a Massachusetts intermediate appellate court ruled Wednesday.

  • June 11, 2025

    Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit

    The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.

  • June 11, 2025

    DOL, EEOC Noms To Go Before Senate Panel

    President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.

Expert Analysis

  • Review Risk Is Increasing For Foreign Real Estate Developers

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    Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.

  • Energy Order Brings Risks For Lenders And Borrowers Alike

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    A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

  • What Employers Should Know About New Wash. WARN Act

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    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.

  • What's At Stake As Trump Admin Targets Carbon Markets

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    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.

  • What To Know About New Wash. Community Association Law

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    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.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    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.

  • Fledgling Crypto ATM Regs May Be Due For A Growth Spurt

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    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.

  • The Legal Risks Of US Restrictions On Investments In China

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    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.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    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.

  • UK May Play Major Role In Corporate Misconduct Regulation

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    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.

  • Tariff Strategies For The US Renewable Energy Sector

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    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.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    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.

  • Opinion

    Why It's Time To Retire The Efficient Market Hypothesis

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    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.

  • Avoiding The Risk Of Continued AI-Washing Enforcement

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    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.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    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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