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Public Policy
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August 20, 2025
W.Va. Judge Blocks Private Suits Under State's 'Daniel's Law'
A West Virginia federal judge has tossed five proposed class actions accusing PeopleConnect, LexisNexis Risk Solutions and several other data brokers of violating the state's Daniel's Law by publishing information on judicial and law enforcement officers, after finding the privacy statute's lawsuit mechanism to be unconstitutional.Â
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August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits
A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
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August 20, 2025
GOP Sens. See Path To Crypto Market Structure Law This Year
Republican lawmakers and regulators this week previewed plans to finish cryptocurrency market structure legislation before year's end and continue reducing scrutiny from banking regulators during a multiday event that brought officials and industry participants together in Wyoming.
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August 20, 2025
UF Prof's Appeal In Free Speech Suit Was Late, 11th Circ. Says
The Eleventh Circuit on Wednesday ruled that an English professor who sued University of Florida officials for alleged free speech violations filed his appeal too late, saying he missed his deadline by eight days.
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August 20, 2025
TikTok Profits From Addicting Children, Minnesota Says
TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.
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August 20, 2025
DC Judge Won't Reinstate Ex-Copyright Chief Amid Appeal
A District of Columbia federal judge on Wednesday again refused to reinstate the U.S. Copyright Office's fired head, this time while she takes her fight to the D.C. Circuit, saying she still hasn't convinced the judge she'll suffer irreparable harm if she isn't reinstated as she appeals.
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August 20, 2025
Civil Rights Org. Urges FCC Not To Ditch Nat'l Ownership Cap
A civil rights group founded by the Rev. Al Sharpton said it would be a bad idea for the Federal Communications Commission to strip away ownership regulations that cap how many television stations any one company can own.
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August 20, 2025
9th Circ. Blocks Alaska's Bid To Loosen Federal Fishing Regs
The Ninth Circuit on Wednesday said Alaska state officials may not open part of the Kuskokwim River to gill net fishing by all residents of the state because that would violate a federal law that favors rural, subsistence fishers.
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August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts
The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
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August 20, 2025
Texas AG Says Chase Can't Recoup Failed $10M Project
The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.
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August 20, 2025
Colo. AG Pans EPA Plan To End Vehicle-Emission Standards
Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.
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August 20, 2025
Tribes Say Calif. Cannabis Raids Violate Sovereignty
The Round Valley Indian Tribes are fighting a Mendocino County sheriff's attempt to toss their California federal court suit claiming law enforcement illegally raided cannabis growing operations on three tribal members' trust allotments, arguing that the raids are illegal and violate their sovereign rights.
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August 20, 2025
NAACP, Unions Lose Bid To Stop Education Dept. Closure
The NAACP and several unions can't halt the Trump administration from shuttering the U.S. Department of Education, a Maryland federal judge ruled, finding the U.S. Supreme Court's stays of lower court orders related to the agency's dismantling indicate the plaintiffs aren't likely to win on their claims.
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August 20, 2025
Alaska Telecom Fights Changes To Buildout Rules
A small Alaskan telecom is continuing its fight against a proposal from GCI Communication Corp. that would lower standards for carriers to receive Alaska Connect Fund support, telling the Federal Communications Commission that GCI should lose funding if it can't meet its commitments.
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August 20, 2025
TikTok Can't Dodge NC Claims Over Addictive App Design
Chinese internet behemoth ByteDance Inc. and its social media subsidiary TikTok Inc. can be sued in the Tar Heel State, North Carolina's business court ruled Tuesday, preserving a lawsuit that accuses the companies of exploiting minors through addictive app design.
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
NC's Cap On Med Mal Damages Is Constitutional, Panel Rules
The North Carolina state appeals court ruled Wednesday that a state law capping compensatory damages in certain medical malpractice lawsuits at $500,000 is constitutional, handing a defeat to a woman seeking to recoup her full $7.5 million jury verdict stemming from the loss of her unborn baby.
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August 20, 2025
Ga. Mom Says State Child Support Policy Is Unconstitutional
A Georgia mother has sued three state agencies in federal court, alleging the state's child support policy unconstitutionally keeps "indigent parents buried under child-support debts that they will never be able to repay."
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August 20, 2025
'Door To Tyranny' Ajar In Pot Smell Appeal, NC Justices Told
A man appealing his conviction for unlawful firearm possession told North Carolina's highest court this week that state law enforcement entities were attempting to erode the separation of powers by inserting themselves into his case.
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August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna
The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
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August 20, 2025
Atlanta Ignores Sex Assault Claims Against Cops, Court Told
A Georgia woman and her teenage daughter who was raped by an Atlanta police officer have told a federal judge that the city doesn't get to dodge their suit, arguing they've claimed in "exhaustive factual detail" how it routinely lets sexual misconduct slide among its officers.
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August 20, 2025
DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal
A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.
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August 20, 2025
Texas AG Threatens Suit Over Orgs. Mailing Abortion Pills
Texas Attorney General Ken Paxton has sent cease-and-desist letters to three organizations he's accused of shipping abortion drugs to women in the state in violation of state and federal laws.
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August 20, 2025
Florida Panel Revives Suit Over Gun Store Zoning Restriction
A Florida appellate panel on Wednesday issued a split decision reviving a state court lawsuit brought by a gun retailer alleging state law preempts a city zoning ordinance allegedly meant to restrict firearm sales, ruling there's a fact issue that must be decided by a jury.Â
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August 20, 2025
'Amen': Judge Puts Texas Ten Commandments Law On Hold
A Texas federal court on Wednesday temporarily blocked a state law requiring public schools to post a copy of the Ten Commandments in classrooms, saying the law likely violates the Constitution.
Expert Analysis
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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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.