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Public Policy
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April 18, 2025
CFPB Mass Layoffs Blocked Again In DC Court
A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.
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April 18, 2025
Capital One's Discover Deal Gets Bank Regulators' Approval
Capital One on Friday received the last regulatory sign-offs needed for its $35 billion purchase of Discover, putting the megadeal on track to close for the former while also clearing the decks of a more than $1 billion enforcement matter for the latter.
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April 18, 2025
DOJ To Move Ahead In SafeMoon Case Despite Crypto Memo
Prosecutors told a federal judge in Brooklyn on Friday that they plan to proceed with an investor fraud case against the CEO of crypto firm SafeMoon, having reviewed a Justice Department directive not to pursue certain charges related to digital assets.
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April 18, 2025
Student Visa Crackdown Sparks Fears Of Talent Shortage
The Trump administration's aggressive push to revoke student visas and terminate their records in a government database that tracks international students is rattling employers that rely on a pipeline of foreign students to fill key high-skilled labor needs.
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April 17, 2025
FTC To Narrow Data Privacy Scope As Uncertainties Loom
The Republican-led Federal Trade Commission is poised to pursue a data privacy agenda focused on established harms and statutory authorities rather than ambitious rulemaking, although the recent firing of two commissioners casts doubt on the long-term viability of these actions and the future of a crucial transatlantic data transfer pact.
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April 17, 2025
Solicitor General's Office Now Features Two Top Lieutenants
Mere days after the U.S. Solicitor General's Office got a new leader, it also got a new leadership structure featuring two BigLaw alums in the traditional second-in-command post, according to a hearing list the U.S. Supreme Court released Thursday.
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April 17, 2025
NY Judge Scrubs Groups' Anti-Congestion-Pricing Claims
A Manhattan federal judge on Thursday rejected claims from local residents and community groups alleging New York's revised congestion pricing tolls wrongfully discriminated against out-of-state commuters and unfairly benefited public transit riders instead of roadway users.
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April 17, 2025
Texas Judge Denies Relief For Venezuelan Men Facing Removal
A Texas federal judge on Thursday refused to bar the Trump administration from deporting two Venezuelan men under a 1798 wartime statute, departing from other judges in Texas, New York and Colorado who granted injunctions to protect due process and maintain jurisdiction.
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April 17, 2025
Sandberg Says FTC Market View Makes No Sense In Meta Case
Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.
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April 17, 2025
RI Judge Wants To Know Who's Behind $11B Health Grant Cuts
A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.
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April 17, 2025
Ill. Sen. Planned To Report Red-Light Camera Exec, Jury Hears
An Illinois state senator accused of taking a bribe to help a red-light camera company testified Thursday that he "didn't have a chance" to report his questionable interactions closer to when they occurred in summer 2019, but he intended to raise his concerns later that fall.
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April 17, 2025
4th Circ. Refuses To Halt Abrego Garcia Probe In Sharp Order
A Fourth Circuit panel on Thursday rejected the Trump administration's "extraordinary" emergency motion to stay a discovery order in litigation over Kilmar Abrego Garcia's deportation to El Salvador, while cautioning the administration against ignoring federal courts, saying it could degrade both executive and judicial branch powers and that "law in time will sign its epitaph."
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April 17, 2025
Patent Office Plans Rulemaking For New PTAB Denial Process
The U.S. Patent and Trademark Office intends to go through the notice-and-comment rulemaking process for its new procedures allowing its director to decide whether petitions challenging patents at the Patent Trial and Appeal Board should be denied for discretionary reasons, a panel of judges and agency personnel said at a webinar on Thursday.
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April 17, 2025
Think Tank Urges FCC To Drop $4.5M Fine Against Telnyx
A think tank claimed Thursday the Federal Communications Commission went too far when floating a nearly $4.5 million fine against a telecom for alleged robocall violations and that due process concerns call for rescinding the penalty.
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April 17, 2025
Top Democrats Urge DOJ To Defend GAO's Legislative Status
Three top House Democrats are looking for assurances from the U.S. Department of Justice that it will "zealously defend" a government watchdog in upcoming litigation by a conservative legal organization that challenges its status in the government.
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April 17, 2025
DC Circ. Seems Torn On White House Press Pool Ban On AP
A D.C. Circuit panel seemed conflicted Thursday as it considered the Trump administration's bid to pause a court order restoring the Associated Press' access to the White House press pool and other events with President Donald Trump.
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April 17, 2025
Arkansas Bans PBMs From Owning Pharmacies
Pharmacy benefit managers operating in Arkansas will soon be prohibited from owning pharmacies in the state after Gov. Sarah Huckabee Sanders signed a bill that lawmakers say is meant to minimize conflicts of interest and safeguard patients.
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April 17, 2025
Tribal Members Fight Bid To Transfer Canadian Tariff Dispute
Four members of Montana's Blackfeet Nation are fighting a motion by the federal government to transfer their bid to block several Trump administration orders and proclamations imposing tariffs on Canadian goods, arguing there's no legal basis for the move to the U.S. Court of International Trade.
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April 17, 2025
Globalstar Pushes For Feds' OK On Mobile Satellite Plan
Globalstar is pressing its bid for the Federal Communications Commission to approve its plan for a U.S. mobile satellite service using licensed spectrum in what's known as the "Big LEO" band.
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April 17, 2025
Fla. Arrest Defies Court Order Blocking Anti-Migrant Law
Florida authorities have arrested an individual under a new law criminalizing the entry of unauthorized migrants into the state despite a federal court order temporarily barring enforcement of the law.
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April 17, 2025
DC Circ. Refreezes EPA Climate Grant Funds
The D.C. Circuit has paused a federal court's order directing Citibank to start disbursing funds to nonprofits undertaking climate change projects that were appropriated by Congress to the U.S. Environmental Protection Agency during the Biden administration.
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April 17, 2025
Music Rights Orgs. Trade Barbs In Copyright Office Inquiry
The organizations responsible for getting musical artists their royalty payments sparred with each other in comments to the U.S. Copyright Office, with one legacy organization accusing newer entrants of insufficient transparency, and one of those competitors in turn alleging "anticompetitive practices" by the established players.
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April 17, 2025
Program To Speed Up Climate Change Patent Exams Axed
Federal patent officials have officially pulled the plug on a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, after suspending it earlier this year.
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April 17, 2025
Judge Accused Of Sexting, Misusing Bench For Ex-Client
A Colorado state judge improperly used his position to help a former client with legal advice and exchanged sexually explicit texts with her while on the bench, according to a judicial disciplinary complaint that also alleged the judge failed to disclose their "prior sexting" when he later presided over her case.
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April 17, 2025
Wash. Justices Strike Down Spokane's Homeless Camp Law
The Washington Supreme Court said a voter-approved initiative restricting encampments for homeless people in Spokane is unconstitutional, in an opinion Thursday that said the measure exceeds the scope of local initiative power because it impermissibly "tinkers" with a policy the city had previously adopted.
Expert Analysis
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.