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Public Policy
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April 18, 2025
FCC Rejects Changes To 'Silkwave-2' Satellite Plan
The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.
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April 18, 2025
Colo. Says Telecom Fiber Installer Sued Too Soon
Whatever beef a telecom contractor has with the Colorado Department of Transportation, the venue for dealing with it is the dispute process the pair agreed on when the agency inked a deal for the company to carry out a fiber-optic installation for it, that agency told a state court.
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April 18, 2025
1st Circ. Upholds Massachusetts' Assault Weapons Ban
The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.
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April 18, 2025
Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed
Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.
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April 18, 2025
Cybersecurity Ruling Misconstrues Law, FCC Told
Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
AG Paxton Sues Dallas Over Firearms Ban At Arts Facilities
Texas Attorney General Ken Paxton has accused the city of Dallas in two lawsuits of violating the state's government code by prohibiting license to carry holders from having firearms on city properties.
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April 18, 2025
5th Circ. Says FCC Can't Fine AT&T $57M Without Trial
The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.
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April 18, 2025
Democratic AGs Say Trump Illegally Fired FTC Commissioners
Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause.
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April 18, 2025
High Court's Cornell Ruling Eases Path For ERISA Suits
The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.
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April 18, 2025
Tribal 'Window' For New Spectrum Licenses Defended At FCC
A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.
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April 18, 2025
Texas Panel Says State Can Pursue Block Of Pot Amnesty Law
A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.
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April 18, 2025
Ex-CFO Says He's 'Extremely Remorseful' Of $44M Fraud
The former chief financial officer of the Detroit Riverfront Conservancy said he is "extremely remorseful" and "ashamed" of his decade-long scheme of defrauding the nonprofit of more than $44 million, asking the court to consider other factors beyond "sensationalism" when sentencing him this month.
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April 18, 2025
Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit
Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."
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April 18, 2025
FTC's Southern Glazer's Pricing Case Preserved
A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.
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April 18, 2025
ACLU Sues To Restore Foreign Students' Immigration Status
The American Civil Liberties Union on Friday sued the federal government in New Hampshire, seeking to restore the F-1 status of more than 100 international students studying at universities in New England who had their visas revoked suddenly.
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April 18, 2025
NC Can't Appeal Bias Ruling In Death Row Case, Justices Told
A Black man who won a seminal case proving racial bias tainted the jury selection process in his capital murder trial is fighting prosecutors' efforts to undo the ruling, telling North Carolina's highest court the state has no statutory right to appeal.
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April 18, 2025
Ore. AG Sues Coinbase In Bid To Fill 'Enforcement Vacuum'
Oregon's attorney general on Friday sued crypto exchange Coinbase and called on states to fill the "enforcement vacuum left by federal regulators" like the U.S. Securities and Exchange Commission, which have dropped cases under the Trump administration.
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April 18, 2025
Trump Admin: Colo. Migrants Not Held Under Enemy Act
The Trump administration has told a Colorado federal court that two Venezuelan men accused of being Tren de Aragua members who are challenging their removal under an Alien Enemies Act proclamation aren't being held under that law, meaning the court lacks jurisdiction over their case.
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April 18, 2025
Tariff Suits Could Benefit From Eroding Executive Deference
Lawsuits challenging President Donald Trump's emergency tariff actions taken under a law never before used for such purposes could benefit from court rulings that have eroded judicial deference for the executive branch, but it remains unclear if injunctive relief is within reach.
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April 18, 2025
Wis. Sens. Renew Bipartisan Judicial Nomination Commission
The Republican and Democratic senators from Wisconsin announced Friday they are renewing their bipartisan commission to recommend U.S. attorney and judicial nominees to the president.
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April 18, 2025
Ore. Realtors Urge Panel To Reject Fees On Vacant Homes
Proposed legislation to allow local governments to impose fees on certain vacant homes would violate fundamental principles of property rights, Oregon Realtors told a state Senate panel.
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April 18, 2025
CFTC Details Violation Materiality After Cooperation Guidance
Divisions of the U.S. Commodity Futures Trading Commission have offered details on their materiality standards for assessing supervision and noncompliance issues, following February guidance on how much money regulated entities can expect to save for cooperating with agency investigations.
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April 18, 2025
Telecom Says Jarkesy Ruling Dashes FCC's $4.5M Fine
An Austin, Texas-based telecom sought Friday to shake a nearly $4.5 million fine by the Federal Communications Commission after the Fifth Circuit tossed an unrelated $57 million penalty against AT&T based on last year's high court ruling in SEC v. Jarkesy curtailing agency fines.
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April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge
A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
Expert Analysis
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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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.