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Public Policy

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • August 26, 2025

    Fed's Lisa Cook Preps Lawsuit Over Trump Firing

    Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.

  • August 26, 2025

    TikTok Takes State's Addictive App Case To NC Top Court

    TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.

  • August 26, 2025

    EU Defends Digital Taxes Following Trump's Tariff Threat

    The European Commission said Tuesday that it stands by European Union member states keeping digital taxes in place despite President Donald Trump's renewed threats to impose tariffs on countries with measures hitting the U.S. tech giants.

  • August 25, 2025

    Trump Admin Agrees To Release Frozen Education Funds

    The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.

  • August 25, 2025

    Fla. ICE Official Warns Detention Center Closure Risks Safety

    The field office director for U.S. Immigrations and Customs Enforcement in Miami urged a Florida federal court to keep a temporary detention center in the Everglades in operation, saying in a motion to pause an injunction that closing the facility will endanger the community. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

Expert Analysis

  • What US Medicine Onshoring Means For Indian Life Sciences

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    Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

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    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Wells Fargo Suit Shows Consumer Protection Limits In Mass.

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    The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q2

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    Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.

  • Building Better Earnouts In The Current M&A Climate

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    In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals

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    The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • A Look At Trump 2.0 Antitrust Enforcement So Far

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    The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.

  • Reform Partly Modernizes Small Biz Stock Gains Exclusion

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    Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.

  • Breaking Down Novel Va. Social Media Law For Minors

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    While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.

  • Lessons From Crackdown On Mexican Banks With Cartel Ties

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    Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • Tips For Cos. From California Climate Reporting FAQ

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    New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

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