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Public Policy

  • July 23, 2025

    AGs Ask NCAA To Revoke Transgender Athletes' Awards

    Attorneys general from 27 states and Guam sent a letter to the NCAA urging it to rescind recent records and titles that were "wrongly" awarded to transgender female college athletes and instead give them to their cisgender competitors.

  • July 23, 2025

    Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction

    Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.

  • July 23, 2025

    Feds Fight Bid To Block Domestic Violence Grant Restrictions

    The U.S. Department of Justice is fighting a bid by a group of domestic violence coalitions to block restrictions imposed on grants from its Office on Violence Against Women, arguing that a Rhode Island federal court lacks jurisdiction over the group's claims and that the Tucker Act instead gives jurisdiction to the U.S. Court of Federal Claims.

  • July 23, 2025

    NJ Justices Back AG Takeover Of Paterson Police Dept.

    New Jersey Attorney General Matthew J. Platkin acted within his authority when he took control of the troubled police department of the state's third-largest city in 2023, the state Supreme Court unanimously ruled Wednesday.

  • July 23, 2025

    Trump Publishes AI 'Action Plan' With 90 Policy Proposals

    In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.

  • July 23, 2025

    Paramount, Skydance Defend Merger Plan At FCC

    Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.

  • July 23, 2025

    8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction

    The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.

  • July 23, 2025

    Spurning Outsiders, Trump Expands Role In Picking Judges

    President Donald Trump is tightly controlling judicial nominations in his second term, eschewing guidance from mainstream groups and instead relying on close advisers and vetting candidates himself.

  • July 23, 2025

    Senate Confirms Roth To Lead Federal Spectrum Agency

    The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.

  • July 23, 2025

    Trump Admin To Probe Harvard's Student Visa Program

    The State Department said Wednesday it is opening an investigation into Harvard University's eligibility to host international students and professors on visas, the Trump administration's latest salvo in its legal battle with the elite school.

  • July 22, 2025

    9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit

    Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.

  • July 22, 2025

    Trump's NCUA Board Member Firings Were Illegal, Judge Says

    A D.C. federal judge on Tuesday held that President Donald Trump broke the law when he fired two Democratic credit union regulators, finding that the members must remain on the National Credit Union Administration's board and can only be removed before their terms are up for cause.

  • July 22, 2025

    Trump Says US Has Reached 'Exciting' Trade Deal With Japan

    President Donald Trump on Tuesday said the United States has entered into a "massive" trade deal with Japan under which Japan will "open their country to trade, including cars and trucks, rice and certain other agricultural products" and pay a 15% tariff.

  • July 22, 2025

    DC Circ. Denies AP's Bid To Rehear White House Press Ban

    The D.C. Circuit on Tuesday refused to reconsider a split panel's decision reinstating a White House directive banning the Associated Press from the Oval Office and other restricted spaces, with one circuit judge explaining that the requirements for an en banc review were not met.

  • July 22, 2025

    Bipartisan Bill Aims To Protect Judges From Rising Threats

    Representatives Lucy McBath, D-Ga., and Michael McCaul, R-Texas, on Tuesday reintroduced legislation in the U.S. House of Representatives to better protect state and local judges from threats and violence that are "becoming increasingly more common" against the judiciary.

  • July 22, 2025

    Basel Exit Could Hurt US Influence, Experts Warn At Fed Event

    Banking industry experts warned Tuesday that the U.S. risks undermining its global influence and keeping bank capital costs elevated if it doesn't implement some form of the so-called Basel III endgame, with one former Federal Reserve official likening the prospect of such a retreat to the "Peanuts" gag of Lucy yanking the football from Charlie Brown.

  • July 22, 2025

    5th Circ. Asks If Fishery Council Guidance Was Ratified

    A Fifth Circuit panel pushed multiple commercial fisheries to explain how the adoption of fishing limit recommendations from a council would not count as a ratification and clear constitutional hurdles, saying during oral arguments on Tuesday that the council in question seemingly made a "bottom up data recommendation."

  • July 22, 2025

    GOP Senators Float Crypto Market Structure Discussion Draft

    Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.

  • July 22, 2025

    OCC Defends Ex-Wells Fargo Exec's $10M Fake Accounts Fine

    The Office of the Comptroller of the Currency has urged the Eighth Circuit to uphold a $10 million penalty and industry ban against a former Wells Fargo risk executive for her role in the bank's fake accounts scandal, arguing her post-Jarkesy claims rest on a "fundamental misconception" of the Constitution.

  • July 22, 2025

    After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban

    A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.

  • 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.

Expert Analysis

  • State Farm Rate Hike Portends Intensifying Insurance Crisis

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    The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.

  • Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny

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    After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.

  • In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool

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    As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

  • Explicit Pic Takedown Law Casts A Wide Net

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    With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • What Money Transmitters Need To Know About New Colo. Law

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    Colorado's new Money Transmission Modernization Act updates standards for the licensing, supervision and regulation of money transmitters while codifying an agent-to-payee exemption, and represents another step toward standardizing these rules across state governments, say Sarah Auchterlonie and Joel Herberman at Brownstein Hyatt.

  • How States Are Taking The Lead On Data Center Regulation

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    While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Opinion

    It's Time To Expand The WARN Act Liability Exception

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    With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.

  • Texas Bill Could Still Boost Property Rights In Gov't Disputes

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    The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.

  • Two Bills Promise A Crypto Revamp, But Not A Done Deal Yet

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    Recent efforts in Congress toward an updated regulatory framework for digital assets have led to two bills — the GENIUS Act and the CLARITY Act — that represent the most consequential legislative developments yet in the push for coherent, pro-innovation, reliable regulation for the industry, but both face multiple hurdles, says Mike Katz at Manatt.

  • Opinion

    NJ Should Align With Federal Rule On Expert Testimony

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    The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.

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