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Public Policy

  • August 28, 2025

    DOJ Right On Anti-Vax Group's AP Boycott Claims, Court Told

    The anti-vaccine group founded by U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday latched onto the arguments raised by the Justice Department backing its lawsuit alleging The Associated Press, the Washington Post, Reuters and the BBC colluded with social media platforms to censor rivals.

  • August 28, 2025

    Amid Firings, DOJ Opens Temp Judge Eligibility To Any Atty

    A new final rule that took effect Thursday removes prior restrictions on who can be a temporary immigration judge, opening the positions to any attorney and waiving the requirement for immigration law experience while the Trump administration continues firing permanent judges.

  • August 28, 2025

    CFTC Clears Registration Path For Offshore Crypto Cos.

    The U.S. Commodity Futures Trading Commission on Thursday made clear that certain offshore cryptocurrency entities can use its foreign board of trade registration framework to serve U.S. customers.

  • August 28, 2025

    NJ Borough Sues American Dream Mall Over Sunday Sales

    A New Jersey borough sued a major East Rutherford mall owner, its main tenant and other parties in state court over the mall allegedly violating the state's ban on selling certain items on Sundays, urging the court to block the main tenant's retail operations and to declare the mall's premises and the sale of the banned products to be public nuisances.

  • August 28, 2025

    Fed. Circ. Says AI Co. Not 'Interested Party' In Bid Protest

    The en banc Federal Circuit affirmed on Thursday a lower court's dismissal of Percipient.ai's protest challenging its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, holding that the company lacks standing.

  • August 28, 2025

    Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.

    The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch. 

  • August 28, 2025

    Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

    Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

  • August 28, 2025

    End Of De Minimis Duty Breaks May Snag Supply Chains

    As the duty exemption for low-value imports ends Friday in accordance with President Donald Trump's executive order, lawyers say they expect cost increases for importers and customers and administrative burdens that could snarl supply chains, especially for consumer goods.

  • August 28, 2025

    FTC Unpauses Administrative Case Over Insulin Prices

    The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.

  • August 28, 2025

    Unions Urge Judgment Blocking DOGE's Agency Access

    Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.

  • August 28, 2025

    EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.

  • August 28, 2025

    Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

    A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

  • August 28, 2025

    Court Blocks Bid To Keep Everglades Detention Center Open

    A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location. 

  • August 28, 2025

    USPTO Offers Streamlined Patent, TM Assignment Search Tool

    The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

  • August 28, 2025

    Arkansas Court Dismisses Cherokee Casino License Claims

    An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.

  • August 28, 2025

    AstraZeneca Challenges Colo. Law Over Drug Pricing Rules

    Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.

  • August 28, 2025

    Tribal Members Seek 5th Circ. Redo In San Antonio Park Row

    Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.

  • August 28, 2025

    Cannabis Biz Says Long Island Town Illicitly Blocked Opening

    A cannabis company alleged in a new state court lawsuit that the Long Island village of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.

  • August 28, 2025

    Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks

    U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.

  • August 28, 2025

    Wash. Sen. Opposes Full-Term Role For State's New US Atty

    The newly installed interim U.S. attorney for the Eastern District of Washington at this juncture has not been nominated for the full-term role, but one of the state's Democratic senators is already vowing to prevent his confirmation.

  • August 28, 2025

    Red States Fight Youths' Effort To Stop Trump Energy Orders

    Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.

  • August 28, 2025

    Trump Fires Democratic Member Of Rail Regulator

    President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.

  • August 28, 2025

    Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence

    As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that. 

  • August 28, 2025

    Hartford Cops' Assault Response Reveals Bias, Court Told

    The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.

  • August 28, 2025

    PBGC Must Reconsider Bakery Union's $132M Bailout Bid

    The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.

Expert Analysis

  • What FDIC's Asset Threshold Raise Would Mean For Banking

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    If the Federal Deposit Insurance Corp. goes through with its plan to raise asset thresholds that determine regulatory intensity, it could free billions in compliance costs and bolster regional and community banks, but risk of oversight gaps are making this a contested area in banking policy, says Jessica Groza at Kohr Jackson.

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Calif. Board's Financial-Grade Climate Standards Raise Stakes

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    After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Unpacking The BIS Guidance On Chinese AI Chip Use

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    In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • How New Texas Law Targets ESG Proxy Advice

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    A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.

  • 8 Compliance Team Strategies To Support Business Agility

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    Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • Annual Report Shows CFIUS Extending Its Reach In 2024

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    The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.

  • Trump Tax Law's Most Impactful Corp. And Individual Changes

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    The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

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    The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

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