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Public Policy
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July 14, 2025
Regulators Outline Crypto 'Safekeeping' Guidelines For Banks
Federal regulators said Monday that banks are free to offer cryptocurrency "safekeeping" services but should be mindful of the risks involved, stressing the need for strong cybersecurity and clear customer agreements, among other considerations.
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July 14, 2025
States Blast Trump Admin Over $6.8B Education Fund Freeze
A coalition of states sued the Trump administration Monday over its decision to freeze $6.8 billion in congressionally appropriated educational program funding, leaving schools scrambling ahead of the new school year, the same day the U.S. Supreme Court allowed mass U.S. Department of Education layoffs to move forward.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.Â
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July 14, 2025
Groups Renew Push For Everglades Detention Center Ruling
Environmental advocacy groups have renewed their push for an order against an immigrant detention facility in the Everglades, telling a Florida federal court that the center is holding detainees in inhumane conditions and damaging surrounding protected land.
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July 14, 2025
Vape Groups Urge 4th Circ. To Stall NC E-Cigarette Law
Vape interests are urging the Fourth Circuit to temporarily stop North Carolina officials from enforcing a law that could prevent the sale of many types of e-cigarettes in the state, claiming the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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July 14, 2025
NY Judge Snuffs Counties' Bid To Derail Congestion Pricing
A New York federal judge on Monday tossed claims from two local counties alleging Manhattan's discriminatory congestion pricing tolls trampled on motorists' right to travel, saying inconvenient tolls for certain commuters don't amount to a constitutional violation.
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July 14, 2025
ÃÛÌÒÊÓÆµ Deal To Put Medical Debt Back On Reports OK'd
A Texas federal court has reversed a Biden-era rule that kept an estimated $49 billion in medical debt from credit reports after the Consumer Financial Protection Bureau and lender trade groups struck a deal to axe the rule.
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July 14, 2025
Judge Halts DHS' Diversion Of Migrant Shelter Funds
An Illinois federal judge temporarily barred the Trump administration from clawing back funds to shelter and assist new migrants after Chicago, Denver and an Arizona county said the government had plans to transfer their funds to Florida for the so-called Alligator Alcatraz detention facility.
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July 14, 2025
Texas AG Says Several Officials Indicted For Ballot Collection
The Texas Office of the Attorney General released a statement Monday announcing indictments and arrests for nine people for an allegedly ongoing ballot collection scheme in Frio County, adding to a growing list of state officials facing charges for participation in the alleged scheme.
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July 14, 2025
DOJ Drops Vax Card Case Against Plastic Surgeon Mid-Trial
The Justice Department dismissed charges against a Utah plastic surgeon accused of leading a conspiracy to forge COVID-19 vaccination cards for over 1,500 people, ending the case less than a week after trial began in Salt Lake City federal court.
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July 14, 2025
Nev. Says Crypto.com Twisted Fed Law For Sports Betting Biz
The Nevada Gaming Control Board urged a federal court to stay out of its way as it takes action to block Crypto.com from offering sports events contracts, arguing that its moves aren't preempted by federal regulation of the commodity futures market.
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July 14, 2025
TD Bank Defends $3 Monthly Paper Statement Fee
TD Bank has urged a New York federal judge to end a proposed class action alleging it illegally charges customers a $3 fee if they receive checking account paper statements every month, arguing Monday it has the authority under the National Bank Act to levy non-interest charges and fees.
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July 14, 2025
Noem Seeks Win In Suit Over SD Ban On Intoxicating Hemp
South Dakota's former governor, Homeland Security Secretary Kristi Noem, and current attorney general urged a federal judge on Monday to deliver a quick win to officials in a dispute over a law banning the processing of hemp derivatives into intoxicating products
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July 14, 2025
Judge Probes Bid To Block Wash. Clergy Abuse Reporter Law
A Washington federal judge appeared receptive Monday to Catholic officials' argument that a new state law requiring priests to report suspected child abuse amounts to a free exercise violation, while also expressing uncertainty about how far the court can go in blocking the statute's enactment.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Split 2nd Circ. Denies Rehearing In Fox Threats Case
A split Second Circuit on Monday declined to grant an en banc rehearing to a man convicted of sending threatening messages to two Fox News hosts and two members of Congress, saying the 11-member jury that found him guilty did not violate his constitutional rights.
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July 14, 2025
House Committee Proposes Commerce, Science Cuts
A House Appropriations Committee bill released Monday would provide $76.8 billion in funding to agencies including the U.S. Department of Commerce and its subsidiary agencies, representing a 2.8% decrease from the previous fiscal year's budget.
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July 14, 2025
Media Matters Wants FTC Probe Paused Pending Suit
Media Matters for America asked a D.C. federal court Monday for a preliminary injunction to block what it calls a retaliatory investigation by the Federal Trade Commission, saying the agency has been weaponized against the organization for simply exercising its First Amendment rights.
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July 14, 2025
USPTO Acting Director Spurns 'Traditional Knowledge' Treaty
The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.
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July 14, 2025
OCC Drops 'Disparate Impact' From Fair Lending Oversight
The Office of the Comptroller of the Currency said Monday that it will stop checking to see whether banks' lending practices are causing potentially unintended discrimination, scrubbing so-called disparate-impact liability from its examination policies.
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July 14, 2025
GAO Report Looks At FAA Use Of Fee Waivers In Settlements
The Federal Aviation Administration has required pilots and other certificate holders to waive their rights to seek attorney fees and other costs under the Equal Access to Justice Act in order to settle enforcement actions initiated against them, according to a U.S. Government Accountability Office report released Monday.
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July 14, 2025
House Passes Bills Aimed At Telecom Sector Security, Growth
The U.S. House of Representatives on Monday passed half a dozen bills designed improve U.S. network security and spur the growth of communications industries.
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July 14, 2025
DC Circ. Temporarily Stays Block Of Trump's Asylum Curbs
The D.C. Circuit agreed to pause a district court injunction blocking federal officials from implementing President Donald Trump's Jan. 20 proclamation declaring an invasion at the southern border while it weighs the government's request for an emergency stay during the appeal.
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July 14, 2025
9th Circ. Affirms FERC's Yank Of PG&E Grid Perk
The Ninth Circuit on Friday backed the Federal Energy Regulatory Commission's decision to deny Pacific Gas & Electric Co. a grid incentive meant for public utilities that voluntarily join a regional transmission organization, saying PG&E was not entitled to the perk since a California law now mandates membership in an organization.
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July 14, 2025
FCC To Hear Anuvu's Claim It Got Shorted In Spectrum Move
Anuvu Licensing Holdings will get a hearing before an administrative law judge at the Federal Communications Commission to determine if the agency owes it money for clearing out part of the C-band to repurpose the spectrum.
Expert Analysis
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.