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Public Policy
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April 24, 2025
Harvard Seeks To Move 'Swiftly' In $2B Fund Freeze Suit
Harvard University is seeking to move as quickly as possible to get to the merits of its suit challenging the Trump administration's $2.2 billion funding freeze, asking a Massachusetts federal judge to expedite discovery and briefing.
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials
Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.
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April 24, 2025
Verdict Upheld For Security Co. Accused In Teen's Drowning
A Connecticut judge has declined to set aside a jury verdict in favor of a security company that beat product liability and recklessness claims in the death of a teenager who drowned after sneaking into a Hartford park pool, rejecting arguments from the boy's mother that two evidence rulings tainted the outcome of her case.
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April 24, 2025
US Must Pay ND $28M Over Dakota Access Pipeline Protest
The United States must pay the state of North Dakota $28 million in damages for its failure to control Dakota Access pipeline protesters, a federal judge determined, saying the judgment is a reminder to the federal government of its role in the larger picture of ensuring peace.
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April 23, 2025
Trump Order Directs Feds To Disregard Disparate Impact
President Donald Trump signed an executive order Wednesday instructing federal agencies to stop treating disparate impact as a viable theory of liability in discrimination matters, staying in line with his quest to eliminate the philosophy of diversity, equity and inclusion, and echoing policy suggestions floated in the conservative Heritage Foundation's Project 2025.
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April 23, 2025
Trump Admin's Border Cash Reporting Order Halted
A California federal judge has temporarily blocked the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying that, among other things, the plaintiffs have sufficiently pled that the order is arbitrary and capricious.
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April 23, 2025
DOJ, Legal Groups Spar Over Migrant Kids Counsel Funding
Attorneys representing groups that provide legal representation to unaccompanied immigrant children and a government attorney sparred Wednesday over whether the government is legally obligated to fund such legal counsel during a hearing on the groups' motion for preliminary injunction in California federal court.
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April 23, 2025
CFPB Walks Away From Horizon Credit Card Suit
The Consumer Financial Protection Bureau on Wednesday dropped another Biden-era enforcement action, this time pulling the plug on a Pennsylvania federal court lawsuit over what the agency had previously alleged was a deceptive and abusive membership credit card program that took in tens of millions of dollars in consumer fees.
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April 23, 2025
Ex-Rep Should Pay $25K For 'Sham' Lawsuit, Fla. Judge Told
A real estate holding company owner told a Florida state court judge Wednesday that he's owed about $25,000 in legal fees for defending against a "sham" contract breach lawsuit alleging he assisted officials investigating possible foreign agent crimes against a former congressman, saying the agreements at issue were declared invalid.
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
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April 23, 2025
Sanctuary Cities Near Block Of Trump Plan To Withhold Funds
A California federal judge said Wednesday that he's inclined to block a Trump administration plan to withhold federal funding to "sanctuary jurisdictions," saying the cities and counties who sued have demonstrated a "well-founded fear" that the president's executive order and an attorney general directive will deprive them of critical funding.
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April 23, 2025
Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told
The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.
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April 23, 2025
NY, 11 Other States Sue Trump Administration To Block Tariffs
A dozen states are seeking to block tariffs the Trump administration imposed under the International Emergency Economic Powers Act, claiming in a lawsuit Wednesday the tariffs illegally constitute unprecedented tax hikes on Americans and violate constitutional separations of powers
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April 23, 2025
CEOs Urge SEC To Ban Political Activists' Proxy Proposals
The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."
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April 23, 2025
Fla. AG Tells Cops TRO Blocking Migrant Law Is Unlawful
Florida's Attorney General on Wednesday informed law enforcement agencies of a federal judge's extension of a temporary restraining order blocking enforcement of a law criminalizing the entry of unauthorized migrants but told them he could not stop them from enforcing the law because "no lawful, legitimate order" prevents them from doing so.
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April 23, 2025
Judge's Same-Sex Wedding Ban Legal In Texas, Justices Hear
A Texas appeals panel balked at a state judge's argument that refusing to officiate same-sex marriages keeps with Texas law during oral arguments Wednesday, saying the discussion had gotten "far afield" of the issues before the court.
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April 23, 2025
Trump Admin Gives States More Time To Finalize BEAD Plans
The U.S. Department of Commerce branch in charge of disbursing $42.5 billion in broadband deployment aid gave states an extra 90 days to finalize their plans due to federal changes underway that could impact how states spend the money.
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April 23, 2025
Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit
The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.
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April 23, 2025
After Sanction Bid, Savannah Aims To Toss Cop Shooting Suit
Months after seeking sanctions against the attorneys representing the family of a Georgia man killed by police, the city of Savannah asked a federal judge Tuesday to toss the family's civil rights lawsuit and "refrain from second guessing" an officer's decision to shoot the man after he allegedly flashed a gun.
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April 23, 2025
Senate Panel To Vote On Trump FCC Nominee Next Week
The Senate Commerce Committee plans to vote on the nomination of Olivia Trusty to the Federal Communications Commission on April 30.
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April 23, 2025
DC Judges Doubt Feds' Rationale For Orders Against Firms
Two D.C. federal judges on Wednesday expressed skepticism toward the Trump administration's justifications for targeting WilmerHale and Perkins Coie LLP with executive orders, with one judge invoking a comparison to the Red Scare.
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April 23, 2025
Denver Water Says Dam Work Won't Hurt Environment
The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.
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April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage
A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."
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April 23, 2025
FINRA Acts On Entrex Application After SEC Gets Complaint
The Financial Industry Regulatory Authority has approved Entrex Carbon Market Inc.'s requests for a name change and approval of stock splits, shareholders of the carbon offset trading platform have said, although they indicated they will proceed pursuing structural reforms at the self-regulating watchdog of brokers.
Expert Analysis
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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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.