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Public Policy
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April 16, 2025
Mich. AG Pushes For Strengthening Consumer Protection Law
Michigan's attorney general on Wednesday asked lawmakers to broaden the reach of the state's consumer protection law following a setback in her efforts to change the law in court.
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April 16, 2025
Dems Ask GSA To Explain Federal Asset Disposal Plans
Democrats on the House Oversight Committee urged the General Services Administration to explain its moves to list federal properties for disposal, expressing concern about how the agency has identified buildings for sale.
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April 16, 2025
Wash. AG Says Seattle Public Schools Shows Pregnancy Bias
Seattle Public Schools fails to provide pregnant and nursing employees with accommodations such as flexible bathroom breaks and retaliates against workers who request pregnancy-related accommodations, the Washington state attorney general said in a new lawsuit.
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April 16, 2025
CFPB Defends Bid To Undo Redlining Deal
The Consumer Financial Protection Bureau reiterated Tuesday its bid in Illinois federal court to refund a Chicago-area mortgage lender's redlining settlement, arguing that consumer advocates fighting to keep the deal in place "attack a strawman" and posit "a parade of horribles that have nothing to do with this case."
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April 16, 2025
8th Circ. Vacates Block On Iowa Immigration Law
An Eighth Circuit panel has vacated its decision barring Iowa from enforcing a state law that criminalizes noncitizens who enter the state after deportation from the U.S., after the Trump administration voluntarily dropped the suit that the Biden administration had launched against the state.
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April 16, 2025
Groups Urge Congress To Probe DC's Use of Private Attys
The American Tort Reform Association and two other groups called on Congress on Wednesday to investigate District of Columbia Attorney General Brian Schwalb for the office's use of outside counsel for litigation, which they say has issued millions in legal contracts with little transparency or accountability.
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April 16, 2025
Trump Admin Sues Maine Over Transgender Athlete Policy
The U.S. Department of Justice on Wednesday sued Maine's education department over its transgender athlete policies, accusing it of violating the "core protections" of Title IX by allowing biological males to participate in women's sports.
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April 16, 2025
DOJ Resists Perkins Coie Summary Judgment Bid In EO Case
The U.S. Department of Justice is continuing to defend President Donald Trump's March 6 order suspending security clearances held by Perkins Coie LLP attorneys, arguing on Wednesday that the BigLaw firm cannot take an early win, in part due to the firm's alleged "discriminatory employment activities" through participation in Mansfield Certification.
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April 16, 2025
Schumer Looks To Block Trump NY US Attorney Nominations
Senate Minority Leader Chuck Schumer, D-N.Y., announced on Wednesday he is exercising his power to block two of President Donald Trump's nominations for U.S. attorneys, which could set up an early test for preserving the long-standing Senate blue slip tradition.
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April 16, 2025
Ex-US Atty Chosen To Monitor T-Mobile Merger Compliance
The U.S. Department of Justice is looking to appoint former U.S. attorney and current Kasowitz Benson Torres partner Edward McNally as the new monitoring trustee to oversee the government's settlement with T-Mobile that cleared the way for its $26 billion acquisition of Sprint.
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April 16, 2025
More Students Sue Over Scrapped Foreign Student Records
More than 130 international students accused the U.S. Department of Homeland Security of abruptly and unlawfully terminating digital visa compliance records, saying in complaint filed with Georgia federal court that the data deletion puts them at risk of arrest, detention and deportation.
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April 16, 2025
BREAKING: DC Judge Mulls Contempt For Gov't Over 'Rushed' Removals
U.S. District Judge James Boasberg found probable cause on Wednesday to hold the Trump administration in criminal contempt for willfully violating his order barring removals of Venezuelans under the Alien Enemies Act, despite the U.S. Supreme Court having vacated that order.
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April 16, 2025
Trump Ousts Democrats From NCUA Board In Latest Purge
The National Credit Union Administration's two Democratic board members said Wednesday that President Donald Trump has fired them from the agency, a purge they are slamming as politically motivated and a threat to regulatory independence.
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April 16, 2025
California Challenges Trump's Economic Emergency Tariffs
The California state government filed suit Wednesday challenging President Donald Trump's recent use of a law that has allowed him to unilaterally impose broad and aggressive tariffs on imports entering the U.S.
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April 16, 2025
Judge Restores EPA Grant Funds For Climate Change Groups
A D.C. federal judge has ordered Citibank NA to start disbursing Biden-era federal grant funding to nonprofits working on climate change projects, and blocked the U.S. Environmental Protection Agency's effort to terminate the grants.
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April 15, 2025
Judge Tells Feds To Unfreeze Climate, Infrastructure Funds
The U.S. Department of Agriculture, U.S. Environmental Protection Agency and other federal agencies must "turn the funding spigots back on" while environmental groups challenge the Trump administration's decision to cut congressionally approved dollars for infrastructure, agriculture, climate and other initiatives, a Rhode Island federal judge ruled Tuesday.
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April 15, 2025
Trump Cites U.S. Security To Investigate Critical Minerals Tax
President Donald Trump on Tuesday issued an executive order launching a so-called Section 232 national security tariff investigation into the United States' reliance on imported processed critical minerals, citing his belief that "an overreliance ... could jeopardize U.S. defense capabilities."
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April 15, 2025
Zuckerberg Calls Buying Rival, Building Co. Two Sides Of 1 Coin
Meta Platforms CEO Mark Zuckerberg tried Tuesday to distance himself from internal documents describing Instagram and WhatsApp as competitive threats, pushing back on Federal Trade Commission monopolization claims by arguing in D.C. federal court that the owner of Facebook was always focused on improvements to itself and the acquisitions.
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April 15, 2025
New Mexico Pueblos Allowed Into Fed Mineral Lease Ban Suit
A pair of Native American pueblos can intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, a federal magistrate judge ruled Tuesday.
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April 15, 2025
Colo. Gov. Ignored Ex-Official's Race Bias Concerns, Suit Says
A former commissioner of Colorado's Behavioral Health Administration filed a race discrimination lawsuit on Tuesday accusing Gov. Jared Polis and his former chief of staff of ignoring reports that she was treated worse than peers because she is African American and then firing her for complaining.
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April 15, 2025
Trump Orders Overhaul Of Federal Contracting Rules
President Donald Trump issued orders Tuesday aimed at simplifying and reducing the costs of federal contracting for both government and contractors, directing agencies to pare back the Federal Acquisition Regulation to only "essential" requirements and to prioritize commercial item purchases.
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April 15, 2025
9th Circ. Told Oregon Hospital Merger Law Flouts Due Process
A hospital trade group urged the Ninth Circuit on Monday to block an Oregon law allowing the Oregon Health Authority to review proposed healthcare business consolidations, arguing the law is "unconstitutionally vague" and bestows unlimited power on the agency to block healthcare transactions in the state.
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April 15, 2025
OCC Pledges Transparency Amid 'Ongoing' Breach Review
Following a "major" breach of its email system, the Office of the Comptroller of the Currency said it is still figuring out what sensitive information was accessed and will let banks know individually if material on them or their customers was included.
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April 15, 2025
Ga. Justices Wary Of Precedent In Gun Carry Age Limit Case
Georgia's justices on Tuesday questioned whether they would have to overturn more than a century's worth of precedent to revive a lawsuit challenging the constitutionality of the Peach State's statutory prohibition on adults under the age of 21 carrying handguns in public.
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April 15, 2025
Ill. Senator Takes Stand To Defend Self On Bribery Charges
An Illinois senator accused of agreeing to take a bribe from a red-light camera executive testified Tuesday that passing bills is "a numbers game" at the state Capitol, and it requires sorting through some dishonest organizations and lobbyists to obtain the information necessary to vote on them.
Expert Analysis
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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How Lenders Should Prepare For Crypto As Collateral
Amid the administration's desire to position the U.S. as a digital banking leader, lenders should prepare for customers seeking to use cryptocurrency as collateral for financing, consider which rules govern these transactions, and assess their ability to obtain or maintain control of the virtual funds, say attorneys at Frost Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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Calif. May Pick Up The Slack On Foreign Bribery Enforcement
The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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OCC Patriot Bank Order Spotlights AML Issues For Managers
The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.