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Public Policy

  • 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.

  • July 22, 2025

    US Olympic Officials Ban Trans Women, Comply With Trump

    The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.

  • July 22, 2025

    Fair Use Carveout Applies To Med Device Repairs, Judge Says

    A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.

  • July 22, 2025

    Power Cos., PJM Back FERC Auction Rerun Decision

    Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.

  • July 22, 2025

    Pa. High Court Says Expunged DUI Still Counts As An Offense

    Pennsylvania's highest court ruled Tuesday that the state can count a charge for driving under the influence that was expunged following a diversion program as a prior offense for the purpose of suspending a man's driver's license after he committed another DUI offense.

  • July 22, 2025

    Feds Tell 9th Circ. That Judge Misread Trump's Sanctuary Orders

    The U.S. Department of Justice told the Ninth Circuit on Monday that a district court's injunction blocking the Trump administration from withholding federal funding to sanctuary jurisdictions like San Francisco rests on the court's misunderstanding of President Donald Trump's executive orders.

  • July 22, 2025

    Divided 3rd Circ. Backs ICE Detention Contracts In NJ

    A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.

  • July 22, 2025

    ND Fights Tribes' High Court Bid To Stay Voting Rights Order

    North Dakota Secretary of State Michael Howe urged U.S. Supreme Court Justice Brett Kavanaugh to deny a bid by two North Dakota tribes to pause an Eighth Circuit decision that vacated their challenge to two state voting laws, arguing the tribes have not established a likelihood of reversal.

  • July 22, 2025

    Humana Asks Texas Court To Void 2025 Medicare Ratings

    Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.

  • July 22, 2025

    Civil Rights Org. Backs 2nd Suit Over Tariffs, In Texas

    The New Civil Liberties Alliance is representing two businesses and a trade association in Texas federal court in a suit filed on Monday against the federal government — the second suit the alliance has taken on to fight President Donald Trump's emergency tariffs.

  • July 22, 2025

    Trump Announces Framework For Indonesia Trade Deal

    Indonesian goods entering the U.S. will face a 19% tariff beginning Aug. 1 as U.S. exports will benefit from a series of tariff reductions and removal of certain trade barriers by Indonesia, according to new details President Donald Trump announced for a trade deal between the two countries Tuesday on Truth Social.

  • July 22, 2025

    Mo. High Court Says Counties Can't Tax Pot In Certain Areas

    Counties can't add their own taxes on sales of adult-use cannabis in incorporated areas such as cities that impose their own tax, Missouri's highest court said Tuesday, reversing a lower court decision that upheld the county taxes.

  • July 22, 2025

    Ohio Justices Accept AG's Bid To Limit Care For Trans Youths

    The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional. 

  • July 22, 2025

    Discovery To Continue In Colo. Class Suit Over Seized Property

    A Colorado federal judge on Tuesday ruled that discovery will continue in a proposed class action alleging the Colorado state treasurer unconstitutionally seized and sold their property, regardless of a pending motion to dismiss the case.

  • July 22, 2025

    Amazon Pushes Back On FTC's Trial Time Extension Bid

    Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.

  • July 22, 2025

    Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal

    The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.

  • July 22, 2025

    Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'

    The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."

  • July 22, 2025

    4th Circ. Lets End Of Afghan Protected Status Move Forward

    The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.

  • July 22, 2025

    House Panel Knocks EBSA Sharing Info With Workers' Attys

    House lawmakers on Tuesday criticized the U.S. Department of Labor's employee benefits subagency for sharing information from enforcement investigations with plaintiffs attorneys representing benefit plan participants, with some lawmakers calling on Congress to pass new legislation to curb the practice.

  • July 22, 2025

    Gogo Worries 900 MHz Redo Could Disrupt In-Flight Receivers

    In-flight communications provider Gogo told the Federal Communications Commission that a plan advanced early this year to rework two bands of 900 megahertz airwaves could disrupt its air-to-ground receivers that use an adjacent band.

  • July 22, 2025

    USPTO Employee Held In China Amid Visa Disclosure Dispute

    The U.S. State Department said Tuesday it is speaking with Chinese government officials about a U.S. Patent and Trademark Office employee who is being prevented from leaving the country.

  • July 22, 2025

    Mich. Court Changes Course To Uphold Terrorist Threat Law

    A Michigan law that criminalizes terrorism threats is constitutional, a state appellate panel has ruled, marking a reversal months after the law was struck down in a case involving a social media message threatening a school shooting.

  • July 22, 2025

    9th Circ. Rejects Gun Club's Bid For Permitting Cost Coverage

    An insurer for a Washington shooting club had no duty to cover roughly $400,000 in costs to secure proper site development permits after county officials won a public nuisance lawsuit against the club, the Ninth Circuit ruled, finding the club can't be covered for its deliberate actions.

Expert Analysis

  • 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.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

  • Trump Antitrust Shift Eases Pressure On Private Equity Deals

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    Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.

  • How Cos. Can Prep For Calif. Cybersecurity Audit Regulations

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    As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

  • Compliance Tips After Court Axes EEOC's Trans Rights Take

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    A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.

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