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Public Policy
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August 25, 2025
Fed. Court Can't Halt FDIC Enforcement Order, 5th Circ. Says
The Federal Deposit Insurance Corp. can move forward with in-house enforcement proceedings against a former bank CEO, the Fifth Circuit ruled Monday, finding that a Texas district court did not have jurisdiction to block the agency from issuing a final decision over the bank executive's constitutional claims.
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August 25, 2025
NC Justices Serve State 2 Blows In Bars' COVID Closure Suits
The North Carolina Supreme Court served bars dual victories in lawsuits against the state Friday, finding that the businesses had colorable claims under the state's constitution that COVID-19 closures violated their fundamental rights, thus permitting the cases to unfold in state trial court.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
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August 25, 2025
Washington Judge OKs Tenant Class Challenging Lease Terms
A Washington federal judge certified a class of Washington tenants accusing a landlord for more than 700 U.S. residential properties of having lease provisions, such as service fees, that violate state law.
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August 25, 2025
Healthcare Co. Investors Sue Over Contractor's Alleged Fraud
Healthcare facility management company Nutex Health Inc. has been hit with a proposed shareholder class action alleging it concealed that its third-party vendor HaloMD was engaged in a scheme to defraud insurance companies, and that the alleged fraud would impact Nutex's balance sheet and subsequently its share price.
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August 25, 2025
Trump Plans To Withdraw Federal Funding Over Cashless Bail
President Donald Trump said Monday that he would suspend or terminate federal funds provided to any jurisdictions that have adopted cashless bail policies, calling the reforms a "failed experiment" that allow repeat criminals to "mock our justice system."
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August 25, 2025
Unions Urge 9th Circ. To Uphold Order Halting Bargaining EO
The American Federation of Government Employees and other unions defended a lower court injunction halting several federal agencies from enforcing an executive order focused on eliminating labor contracts covering agencies that have "national security" aims, arguing the president's directive was retaliatory.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
Trump Fires Fed's Lisa Cook Over Mortgage Fraud Allegation
President Donald Trump on Monday evening fired Federal Reserve Gov. Lisa Cook over his administration's allegation that she committed mortgage fraud, thrusting the White House into uncharted territory in its campaign to exert control over the central bank.Â
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August 25, 2025
Trump Expands Use Of National Guard Post-DC Deployment
President Donald Trump issued an executive order Monday directing federal officials to create new "specialized" units to enforce federal laws in D.C. and other cities nationwide, including a "quick reaction force" within the D.C. National Guard, as well as hire more prosecutors and take other measures, following his recent deployment of the National Guard in the district.
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August 25, 2025
Ticket Resellers Flag Case Challenging FTC's Bots Probe
Ticket brokers accused by the Federal Trade Commission of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, including for the Taylor Swift Eras Tour, have a previously pending case that seeks to block the agency's enforcement action.
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August 25, 2025
Stewart Overrules 3 PTAB Discretion Decisions On Dir. Review
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart freed WSOU Investments and Nutanix from challenges where the Patent Trial and Appeal Board had already instituted review, but then revived an inter partes review Nike had originally dodged.
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August 25, 2025
Wash. Judge Clears Feds In Navy Vet's VA Negligence Suit
A Washington federal judge said Monday that the federal government is not liable for medical malpractice in a U.S. Navy veteran's case blaming a U.S. Department of Veterans Affairs psychiatrist for her December 2011 psychotic episode that turned violent, finding the doctor made no missteps when treating her in the weeks before the incident.
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August 25, 2025
Texas Stock Exchange Wants In On Proxy Advisory Lawsuit
The Texas Stock Exchange and Texas Association of Business have moved to intervene in two lawsuits that proxy advisory firms have filed against Texas Attorney General Ken Paxton over a state law restricting the firms, aiming to back up the law known as Senate Bill 2337.
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August 25, 2025
Pa. Worker Who Quit After Public Insults Can Get Benefits
A Pennsylvania township supervisor's verbal abuse of an employee and her husband at an open meeting was harsh enough that the employee's resignation did not disqualify her from getting state unemployment benefits, a split Pennsylvania Commonwealth Court panel has ruled.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
Fired CTA Worker Faced Bias Over Vax Refusal, Jury Told
A former Chicago Transit Authority electrician was unlawfully fired from his job after he refused to take the COVID-19 vaccine due to his Catholic faith, even if he also had medical and scientific concerns with the shot, an Illinois federal jury heard on Monday.
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August 25, 2025
Judge Presses Gov't On Aid Plan As Sept. 30 Deadline Looms
Attorneys for foreign aid nonprofits called for the Trump administration to detail exactly how it plans to distribute aid funding under a D.C. federal judge's injunction Monday, saying the government had been dragging its feet to comply with the February order as a Sept. 30 fiscal year deadline looms.
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August 25, 2025
Kari Lake Ordered Deposed In Voice Of America Closure Row
A Washington, D.C., federal judge flirted Monday with finding U.S. Agency for Global Media acting CEO Kari Lake in contempt of an order blocking what workers allege is the dismantling of broadcasting service Voice of America, but instead ordered her and other officials to sit for expedited depositions.
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August 25, 2025
More Than 1,200 Telcoms Booted From Phone Networks
More than 1,200 voice service providers have been blocked from U.S. phone networks after "shirking" their obligations to use a database that tracks unwanted call traffic, the federal government said Monday.
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August 25, 2025
5th Circ. Nixes SEC's Biden-Era Short-Selling Rules
The Fifth Circuit on Monday vacated a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market, ruling that the U.S. Securities and Exchange Commission had failed to consider the economic impact of adopting both rules at once.
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August 25, 2025
Economists Say FCC Copper Line Phaseout Needed
Several outside economists told the Federal Communications Commission that its plan to phase out legacy copper telecommunications lines represents a rare chance to modernize FCC rules and should rank as a top priority.
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August 25, 2025
Mich. Judge Backs 125% Recovery In Tax Foreclosure Deal
A Michigan federal judge has given the initial approval to a settlement between a proposed class of former property owners and two counties over allegations that the counties unlawfully kept surplus proceeds from the sales of their tax-foreclosed properties, a deal similar to one the same judge OK'd last week.
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August 25, 2025
ÃÛÌÒÊÓÆµ Plans To Limit Nonbank Supervision With Rule Proposal
The Consumer Financial Protection Bureau plans to propose a rule that would rein in the use of the agency's power to designate individual nonbanks for supervision, according to a notice of rulemaking scheduled to publish in the Federal Register on Tuesday.
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August 25, 2025
DOD Limits Awards For Cos. Consulting For Foreign Enitities
The U.S. Department of Defense finalized a rule Monday barring companies that provide consulting services to certain foreign entities from securing contracts for management, scientific and technical consulting services, unless they have a conflict-of-interest mitigation plan.
Expert Analysis
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.