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Public Policy

  • July 23, 2025

    Takeaways From The US Attorney Role Tumult In New Jersey

    The U.S. Attorney's Office in New Jersey was thrown into turmoil Tuesday with a leadership dispute that remained open Wednesday, teeing up a battle between the White House and the Garden State's senators on Capitol Hill.

  • July 23, 2025

    2nd Circ. Orders Review Of Sealed Epstein Case Docs

    The Second Circuit on Wednesday vacated rulings denying requests to unseal materials in a defamation case tied to deceased financier and accused sex trafficker Jeffrey Epstein, ordering a New York district court to review certain filings after determining they're considered judicial documents and presumed to be public.

  • July 23, 2025

    AGs Ask NCAA To Revoke Transgender Athletes' Awards

    Attorneys general from 27 states and Guam sent a letter to the NCAA urging it to rescind recent records and titles that were "wrongly" awarded to transgender female college athletes and instead give them to their cisgender competitors.

  • July 23, 2025

    Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction

    Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.

  • July 23, 2025

    Feds Fight Bid To Block Domestic Violence Grant Restrictions

    The U.S. Department of Justice is fighting a bid by a group of domestic violence coalitions to block restrictions imposed on grants from its Office on Violence Against Women, arguing that a Rhode Island federal court lacks jurisdiction over the group's claims and that the Tucker Act instead gives jurisdiction to the U.S. Court of Federal Claims.

  • July 23, 2025

    NJ Justices Back AG Takeover Of Paterson Police Dept.

    New Jersey Attorney General Matthew J. Platkin acted within his authority when he took control of the troubled police department of the state's third-largest city in 2023, the state Supreme Court unanimously ruled Wednesday.

  • July 23, 2025

    Trump Publishes AI 'Action Plan' With 90 Policy Proposals

    In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.

  • July 23, 2025

    Paramount, Skydance Defend Merger Plan At FCC

    Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.

  • July 23, 2025

    8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction

    The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.

  • July 23, 2025

    Spurning Outsiders, Trump Expands Role In Picking Judges

    President Donald Trump is tightly controlling judicial nominations in his second term, eschewing guidance from mainstream groups and instead relying on close advisers and vetting candidates himself.

  • July 23, 2025

    Senate Confirms Roth To Lead Federal Spectrum Agency

    The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.

  • July 23, 2025

    Trump Admin To Probe Harvard's Student Visa Program

    The State Department said Wednesday it is opening an investigation into Harvard University's eligibility to host international students and professors on visas, the Trump administration's latest salvo in its legal battle with the elite school.

  • July 22, 2025

    9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit

    Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.

  • July 22, 2025

    Trump's NCUA Board Member Firings Were Illegal, Judge Says

    A D.C. federal judge on Tuesday held that President Donald Trump broke the law when he fired two Democratic credit union regulators, finding that the members must remain on the National Credit Union Administration's board and can only be removed before their terms are up for cause.

  • July 22, 2025

    Trump Says US Has Reached 'Exciting' Trade Deal With Japan

    President Donald Trump on Tuesday said the United States has entered into a "massive" trade deal with Japan under which Japan will "open their country to trade, including cars and trucks, rice and certain other agricultural products" and pay a 15% tariff.

  • July 22, 2025

    DC Circ. Denies AP's Bid To Rehear White House Press Ban

    The D.C. Circuit on Tuesday refused to reconsider a split panel's decision reinstating a White House directive banning the Associated Press from the Oval Office and other restricted spaces, with one circuit judge explaining that the requirements for an en banc review were not met.

  • July 22, 2025

    Bipartisan Bill Aims To Protect Judges From Rising Threats

    Representatives Lucy McBath, D-Ga., and Michael McCaul, R-Texas, on Tuesday reintroduced legislation in the U.S. House of Representatives to better protect state and local judges from threats and violence that are "becoming increasingly more common" against the judiciary.

  • July 22, 2025

    Basel Exit Could Hurt US Influence, Experts Warn At Fed Event

    Banking industry experts warned Tuesday that the U.S. risks undermining its global influence and keeping bank capital costs elevated if it doesn't implement some form of the so-called Basel III endgame, with one former Federal Reserve official likening the prospect of such a retreat to the "Peanuts" gag of Lucy yanking the football from Charlie Brown.

  • July 22, 2025

    5th Circ. Asks If Fishery Council Guidance Was Ratified

    A Fifth Circuit panel pushed multiple commercial fisheries to explain how the adoption of fishing limit recommendations from a council would not count as a ratification and clear constitutional hurdles, saying during oral arguments on Tuesday that the council in question seemingly made a "bottom up data recommendation."

  • July 22, 2025

    GOP Senators Float Crypto Market Structure Discussion Draft

    Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.

  • July 22, 2025

    OCC Defends Ex-Wells Fargo Exec's $10M Fake Accounts Fine

    The Office of the Comptroller of the Currency has urged the Eighth Circuit to uphold a $10 million penalty and industry ban against a former Wells Fargo risk executive for her role in the bank's fake accounts scandal, arguing her post-Jarkesy claims rest on a "fundamental misconception" of the Constitution.

  • July 22, 2025

    After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban

    A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.

  • July 22, 2025

    Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight

    Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.

  • July 22, 2025

    DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now

    One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.

  • July 22, 2025

    Bid Protest Experts Push For Focus On Data, Debriefings

    Bid protest experts told lawmakers Tuesday that they should focus on collecting more data on the federal procurement process and expanding the use of enhanced post-award debriefing procedures to civilian agencies, rather than penalizing companies that file frivolous bid protests.

Expert Analysis

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Fla. Condo Law Fix Clarifies Control Of Common Areas

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    Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • The Legal Fallout Of The Open Model AI Ecosystem

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    The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • How Ore. Law Puts New Confines On Corp. Health Ownership

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    A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

  • Early Trends In Proxy Exclusion After SEC Relaxes Guidance

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    The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.

  • How New Texas Law Revamps Electric Grid To Meet Demand

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    A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.

  • Best Practices For State Banks Eyeing Federal Conversions

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    Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

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