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Public Policy
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August 21, 2025
Ga. Judge Says Gov. Hopeful's Cash Advantage Looks 'Unfair'
A Georgia federal judge gave little indication Thursday of whether she would halt the bottomless fundraising privileges of one of the frontrunners in the Peach State's Republican gubernatorial primary, but opined that the advantage appeared "unfair" to one of his top rivals, the state's current attorney general.
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August 21, 2025
Ill. AG 'Deputized' Firms To Go After Power Cos., Suit Says
Two retail power suppliers have asked a federal judge to block enforcement actions taken by Illinois Attorney General Kwame Raoul, claiming his office has unconstitutionally deputized plaintiffs law firms to pursue consumer fraud enforcement cases against the industry.
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August 21, 2025
FCC Seeks Feedback Before Ditching Truth-In-Billing Rules
The Federal Communications Commission is officially asking for opinions on whether the agency's slamming and truth-in-billing rules are outdated and, if so, where they should be cut, after voting earlier this month to propose eliminating some of them.
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August 21, 2025
Judge Finds Habba Unlawfully Serving As NJ's US Atty
Alina Habba, President Donald Trump's former personal attorney and his pick to remain the U.S. attorney for the District of New Jersey, was unlawfully given an extension of her temporary post after her "interim" appointment expired, a Pennsylvania federal judge ruled Thursday.
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August 21, 2025
EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request
The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."
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August 21, 2025
Trump To Get Texas Vacancy With Judge Taking Senior Status
U.S. District Judge David Godbey of the Northern District of Texas, who was at the center of a debate on judge shopping last year, will take senior status on Sept. 17, according to an update posted on the federal judiciary's website on Thursday.
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August 21, 2025
Feds Extend Mich. Coal Plant Order Amid Court Fight
The U.S. Department of Energy has renewed an order keeping a Michigan power plant open past its retirement date for another three months, as the government faces court challenges to its exercise of emergency powers.
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August 21, 2025
Chinese Fiberglass Imports Face Steep Early Duties
Chinese fiberglass door panels entering the U.S. from certain exporters face preliminary countervailing duties above 900% after those companies were unresponsive during an investigation conducted by the U.S. Department of Commerce, according to a notice published Thursday.
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August 21, 2025
FCC Dings NC FM Station For Unapproved Transfer Of Control
The owners of a low-power Catholic FM station in North Carolina are entering into a consent decree with the Federal Communications Commission over allegations that its owners effectively gave control to another entity without authorization, agreeing to pay $2,000 and implement a comprehensive compliance plan.
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August 21, 2025
Oklahoma Gov. Challenges Tulsa's Tribal Jurisdiction Deal
Oklahoma Gov. Kevin Stitt is asking the state's high court to block a settlement between the city of Tulsa and the Muscogee (Creek) Nation, arguing that without intervention the agreement will erode state sovereignty, undermine public safety and invite other municipalities to surrender their legal obligations.
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August 21, 2025
Employer Plans In Limbo As Courts Grapple With Trans Care
Despite appellate courts' apparent willingness to allow states to ban gender-affirming care for minors, employers are still waiting for clarity on whether federal anti-discrimination laws require health plans to cover transgender healthcare access, experts say.
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August 21, 2025
NY Appeals Court Throws Out Trump's $500M Fraud Penalty
A divided New York state appeals court panel on Thursday tossed a nearly $500 million civil fraud penalty against President Donald Trump and his sons, companies and their executives, ruling that the fine was "excessive," but kept in place a judge's finding of liability.
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August 21, 2025
Adams Ally Hit With New Bribery, Corruption Charges
A former top aide to New York City Mayor Eric Adams on Thursday was hit with a slew of new bribery charges, with Manhattan District Attorney Alvin Bragg saying she engaged in a "wide-ranging series" of conspiracies alongside her son and others in the city.
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August 20, 2025
Musk Can't Yet Ditch Ariz. Voter's Suit Over $1M Giveaway
A Texas federal judge on Wednesday refused to toss an Arizona voter's proposed class action claiming that Elon Musk's $1 million giveaway to swing state voters was deceptively marketed as a random lottery, ruling that the voter has plausibly alleged that she was defrauded.
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August 20, 2025
Feds Lose Bid To Unseal Epstein Grand Jury Files In NY
A Manhattan federal judge Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from the trafficking case against the late sex offender Jeffrey Epstein, saying the government has not justified unsealing the materials and did not give Epstein's survivors sufficient notice before filing its request.
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August 20, 2025
17 States, DC Urge FDA To Lift Mifepristone Restrictions
Seventeen states and the District of Columbia Wednesday joined four others in urging the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying that data their health departments collected overwhelmingly back the drug's safety.
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August 20, 2025
Supersede California's Voice Over IP Rules, FCC Urged
California's new regulatory regime for internet voice call providers is a "power grab" and the Federal Communications Commission should make clear that its rules preempt those of the Golden State, a free market think tank is telling the agency.
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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.
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.