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Public Policy
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
AI Copyright Licensing Is Helping To Fuel Tech's Evolution
While courts wrestle with fair use questions around artificial intelligence training, legal experts say the growing number of licensing deals between tech companies and copyright owners is setting market norms for accessing the troves of content needed across rapidly evolving AI applications.
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August 26, 2025
DOJ Can't Throw Out Kidnapping Charges, DC Circ. Says
The D.C. Circuit has ruled federal prosecutors used an improper mechanism when trying to toss portions of a kidnapping conviction for a man as part of a bid to retrofit his plea deal.
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August 26, 2025
Farmers Defend Climate Superfund Law Against Challenges
Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.
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August 26, 2025
FOIA Results Wanted Before Ruling In DOGE Disclosure Suit
A D.C. federal judge said he wants to see how the Trump administration responds to Freedom of Information Act requests submitted in February before deciding on the government's motion to dismiss an environmental group's suit claiming that DOGE teams working in federal agencies have violated transparency laws.
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August 26, 2025
Hemp Interests Say Conn. Policy Inconsistent With Federal Law
A group of Connecticut hemp farmers and product manufacturers alleged in a federal lawsuit Tuesday that the state's crackdown on hemp products is incompatible with the federal law that legalized it.
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August 26, 2025
FCC Ordered To Turn Over More DOGE Docs
A D.C. federal judge ruled Tuesday the Federal Communications Commission must produce more documents related to its communications with Elon Musk's government-slashing Department of Government Efficiency.
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August 26, 2025
Artist Seeking Copyright Of AI Image Equates Use To Cameras
A Colorado man who used artificial intelligence to create an image that won an art award at a state fair told a federal judge that he should be allowed to copyright the image just as those who used technology such as cameras and cellphones had been allowed to copyright their works.
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August 26, 2025
Atty In Voting Machine Case Tries To Delay Discipline Hearing
Michigan lawyer Matthew DePerno, who is facing felony charges accusing him of illegally accessing voting machines after the 2020 election, urged an attorney disciplinary panel on Monday to push back his September misconduct hearing, claiming he is having trouble finding counsel to represent him.
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August 26, 2025
Christian Clinic Says Mich. Stance On Bias Law Still Unclear
The state of Michigan should be forced to clarify if it believes a Christian medical clinic's opposition to gender-affirming care and its pronoun policy is discriminatory under state civil rights law, the clinic told a Michigan federal judge.Â
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August 26, 2025
Puerto Rico Utility Bondholders Say They'll End Reorg Deal
A group of Puerto Rican electric utility bondholders have told a New York federal judge they will pull out of a three-year-old deal to support the utility's proposed restructuring plan if it is not confirmed by October.
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August 26, 2025
Commerce Announces Final Steel Duty Rates For 10 Countries
Brazilian and Vietnamese corrosion-resistant steel products entering the U.S. could face triple digit antidumping duties, according to final rates the U.S. Department of Commerce announced Tuesday for 10 trading partners.
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August 26, 2025
Feds Look To Dismiss Calif. Tribe's $700M Casino Dispute
The U.S. Department of the Interior, with the backing of two tribes and the California Gaming Association, is looking to dismiss a lawsuit over its decision to temporarily nix eligibility for a proposed $700 million casino and hotel project, arguing it doesn't constitute a final agency action under the Administrative Procedure Act.
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August 26, 2025
5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit
The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.
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August 26, 2025
Doctors Press 5th Circ. To Reverse Surprise Billing Ruling
Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.
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August 26, 2025
HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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August 26, 2025
Brewer Can't Challenge Home Distilling Ban, US Tells 6th Circ.
A brewery owner who wants to make his own whiskey can't bring a suit challenging the tax code's prohibition on home distilleries because he hasn't shown that he's likely to start making spirits or that the government would come knocking if he does, the U.S. Treasury Department told the Sixth Circuit.
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August 26, 2025
FERC Urged To Ignore Ill. Grid Project Policy Fight
The Federal Energy Regulatory Commission has been told that it shouldn't second-guess Illinois lawmakers and courts to declare that incumbent utilities in the state have a right of first refusal to build new, regionally planned transmission projects.
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August 26, 2025
CFTC's Last Dem Member Departing Agency
The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the hands of acting Chair Caroline Pham.
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August 26, 2025
Judge Axes Habeas Suit, Tells DOJ To Use 'Proper' Forum
A Virginia federal judge on Tuesday dismissed the Trump administration's lawsuit challenging a standing order from Maryland federal judges temporarily pausing the removal of noncitizen detainees who have filed habeas petitions, telling the U.S. Department of Justice that if it wants to challenge the court policy, it must follow the "proper" channels.
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August 26, 2025
Texas AG To Probe Heavy Metals In Baby Foods
The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.
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August 26, 2025
3rd Circ. Says Tossing Undated Mail Votes Is Unconstitutional
The Third Circuit ruled Tuesday that Pennsylvania discarding mail-in ballots with missing or incorrect dates violates voters' constitutional rights, reasoning that preventing the loss of votes outweighed any claimed benefits of enforcing the state's date requirement.
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August 26, 2025
Tax Credit Dispute Sparks $1.3M Lawsuit Against Jersey City
A prominent Garden State developer filed a lawsuit against New Jersey's second-largest city, claiming the city improperly reversed its position on a longstanding tax agreement — demanding nearly $1.3 million in back payments that the developer says it does not owe.
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August 26, 2025
Calif. Senate OKs New Tax Default Property Sales Rules
California county boards of supervisors would be required to take new steps before approving the sale of a tax-defaulted property under a bill passed by the state Senate.Â
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
Expert Analysis
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill ÃÛÌÒÊÓÆµ's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant ÃÛÌÒÊÓÆµ, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.