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Public Policy

  • July 17, 2025

    CFTC Restructures Enforcement Division Amid Layoffs

    The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.

  • July 17, 2025

    Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers

    A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that "criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.

  • July 17, 2025

    Neb. Asks Justices To Resolve River Dispute With Colo.

    Nebraska is asking the U.S. Supreme Court to resolve its claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.

  • July 17, 2025

    Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption

    An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.

  • July 17, 2025

    Trump Picks Two For NLRB, Setting Up Return Of Quorum

    President Donald Trump announced his choices Thursday of an in-house counsel at Boeing and a longtime National Labor Relations Board official to fill two long-standing vacancies on the board, setting up confirmations that would restore a quorum on the NLRB.

  • July 17, 2025

    Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work

    President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.

  • July 16, 2025

    11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction

    The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.

  • July 16, 2025

    Fla. Man Convicted In Plot To Kill Fed Prosecutor, FBI Agent

    A Florida federal jury convicted a former university student of charges in connection with a murder-for-hire plot and attempting to kill U.S. government officials, including a prosecutor and FBI agent shortly before his trial commenced in a separate cyberstalking case.

  • July 16, 2025

    Immigrants Slam 'Unlawful' Immigration Courthouse Arrests

    A group of immigrants and advocacy groups on Wednesday filed a proposed class action over the Trump administration's recent practice of arresting and fast-tracking the deportation of people attending hearings at immigration courts, calling the arrests "unprecedented" and "unlawful."

  • July 16, 2025

    Fed IG To Probe $2.5B HQ Renovation Amid Trump Criticism

    The Federal Reserve's inspector general confirmed Wednesday that it plans to look into the central bank's $2.5 billion renovation of its Washington, D.C., headquarters, an overbudget project that has become a target of White House criticism of Fed Chair Jerome Powell.

  • July 16, 2025

    Dallas Beats Suit By Motorist Hit By Police Car

    Sovereign immunity shields municipalities in instances where their police officers run red lights with their warning sirens off during emergency calls, according to a Texas appeals court, which ruled against a motorist who was hit by a Dallas police patrol vehicle.

  • July 16, 2025

    Fla. Judge Will Hear Out Suit Over Postponed Miami Elections

    A Florida state judge on Wednesday declined to rule on a lawsuit challenging a Miami ordinance postponing municipal elections, instead considering arguments over the legality of the law that bypasses a voter referendum and extends the offices of some city elected representatives whose terms expire at the end of this year.

  • July 16, 2025

    Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.

    Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.

  • July 16, 2025

    House Crypto Bills Clear Procedural Hurdle After Late Stall

    Three pieces of crypto legislation moved forward late Wednesday night after stumbling at a procedural hurdle in the House of Representatives as multiple Republican lawmakers broke with their party and temporarily withheld their support.

  • July 16, 2025

    Trump Taps Ex-Thomas, Kavanaugh Clerk For 3rd Circ.

    President Donald Trump announced on social media Wednesday that he has chosen a Catholic University of America law professor, who is currently serving in the White House Counsel's office and has clerked for U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh, to serve on the Third Circuit.

  • July 16, 2025

    GAO Tells Congress Loser-Pays Model Not Needed

    The U.S. Government Accountability Office said in a letter to Congress that it does not endorse creating a loser-pays model for unsuccessful protests of defense contracts because sufficient measures already exist to limit the impact of protests filed without a substantial basis.

  • July 16, 2025

    With Discretionary Denials, PTAB Accepting Fewer Petitions

    The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.

  • July 16, 2025

    Maine Clinics Sue Over Medicaid Ban On Abortion Providers

    A Maine family planning organization sued the U.S. Department of Health and Human Services on Wednesday over abortion-related Medicaid restrictions outlined in President Donald Trump's budget act, saying they violate constitutional equal protection rights.

  • July 16, 2025

    AI Tools Taking On Bigger Role In USPTO Patent Examination

    The U.S. Patent and Trademark Office is expanding how artificial intelligence is used in patent examination, adding an image search tool that design patent examiners will soon be trained on to existing tools for utility patent examiners, officials said at a Wednesday event.

  • July 16, 2025

    Cornell Workers Urge 2nd Circ. Remand Suit Justices Revived

    Cornell University workers urged the Second Circuit to remand their sweeping class action alleging retirement plan mismanagement to New York federal court, arguing that the lower court should decide whether to hold a jury trial on a claim that the U.S. Supreme Court revived in April.

  • July 16, 2025

    Family Of Philly Teacher Pushes City For Answers On Death

    The family of Ellen Greenberg, a Philadelphia teacher whose 2011 death was ruled a suicide despite 20 stab wounds, is pressing city officials to honor a settlement in which they agreed to revisit her cause of death after a decade-long legal battle.

  • July 16, 2025

    Hawley Accuses AI Cos. Of Largest IP Theft In US History

    U.S. Sen. Josh Hawley condemned artificial intelligence developers accused of using pirating sites to obtain training material for their AI models, calling the claims part of "the largest intellectual property theft in American history" during a hearing Wednesday.

  • July 16, 2025

    Ga. Prosecutor Resigns Amid DUI Handling Feud With Judge

    A Georgia prosecutor announced his resignation from a county solicitor's post Wednesday amid a public feud with a state court judge and dueling allegations of prosecutorial and judicial misconduct.

  • July 16, 2025

    Mass. Judges To Mull Dismissals Amid Defender Pay Standoff

    Nearly two months after many court-appointed attorneys in Massachusetts stopped accepting new cases over what they say is poor pay, a solution still appears elusive, even as judges will soon start hearing motions to dismiss cases under an emergency order issued by a state high court justice.

  • July 16, 2025

    Dominion Exec Settles Defamation Suit With Election Denier

    A former Dominion Voting Systems Inc. executive reached a settlement on Wednesday in Colorado federal court with a right-wing podcast and speaking tour that he said were spreading defamatory statements surrounding the 2020 election.

Expert Analysis

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    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.

  • A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ

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    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.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    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.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    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.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    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.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    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.

  • High Court ACA Ruling May Harm Preventative Care

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    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.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    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.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    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.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    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.

  • Despite Dark Clouds, Outlook For US Solar Has Bright Spots

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    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.

  • Assessing New Changes To Texas Officer Exculpation Law

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    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.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    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.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    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.

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