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Public Policy

  • July 15, 2025

    GTCR Seeks Rival's Sales Data To Counter FTC Challenge

    The private equity firm looking to buy medical device coating company Surmodics is seeking Salesforce data from another competitor in the space, saying the information is crucial to showing that the industry will still be competitive if its acquisition is cleared.

  • July 15, 2025

    Trump Admin Seeks Win In Harvard $2B Funding Freeze Case

    The Trump administration urged a Massachusetts federal judge Monday to grant it summary judgment in Harvard University's lawsuit challenging the government's effort to freeze $2.2 billion in funding, arguing the dispute is a contract fight that belongs in the Federal Claims Court and the allegations fail on the merits.

  • July 15, 2025

    Ariz. Justices Clear School In Suit By Teen Hit By Car

    The Arizona Supreme Court tossed a suit Tuesday accusing a Phoenix school district of knowingly allowing students to jaywalk just outside the school which purportedly caused a 14-year-old boy to get hit by a car and suffer severe injuries, saying the school had no duty of care outside school grounds.

  • July 15, 2025

    EXIM Bank Sued For 'Unconscionable' LNG Project Funding

    Friends of the Earth is asking a D.C. federal judge to block $4.7 billion in financing the Export-Import Bank of the United States has authorized for a massive liquefied natural gas project in Mozambique led by TotalEnergies SE.

  • July 15, 2025

    IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal

    Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.

  • July 15, 2025

    Ga. Judge Sends Online Casino Suit To Arbitration

    A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead. 

  • July 15, 2025

    'NJ Weedman' Can Proceed With Suit Over City Hall Protest

    The city of Trenton, New Jersey, can't escape a lawsuit filed by a cannabis advocate known as NJWeedman who claims the municipality violated his First Amendment rights by retaliating against him after he projected a "Batman-like" protest message on City Hall, a federal judge ruled, saying it might be "annoying" but it is protected speech.

  • July 15, 2025

    Patent Fight Over Xtandi Erupts Anew Before RFK Jr.

    A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.

  • July 15, 2025

    FTC Says Merger Penalty Deal In The Works With 7-Eleven

    The Federal Trade Commission is inching closer to a settlement with 7-Eleven in its suit seeking to slap the convenience store chain with a $77.5 million penalty for violating a settlement that it inked with the agency in order to get a merger approved back in 2018.

  • July 15, 2025

    Miami Candidate Sues To Undo Postponed Elections

    A Miami businesswoman running for city office has sued to undo the postponement of the November municipal elections, alleging that an ordinance passed by elected officials to delay the elections for up to a year violates the Florida Constitution. 

  • July 15, 2025

    PCAOB Chief Erica Williams Has Resigned, SEC Chair Says

    Erica Y. Williams has resigned as chair and a board member of the Public Company Accounting Oversight Board after more than three years in the position, according to a statement issued Tuesday by U.S. Securities and Exchange Commission Chairman Paul S. Atkins.

  • July 15, 2025

    Convicted Ill. Speaker Seeks Release Pending Bribery Appeal

    Former Illinois speaker Michael Madigan asked a federal judge Monday to let him stay out of prison after his recent public corruption conviction, arguing that the Seventh Circuit's input on several legal issues could require a new trial.

  • July 15, 2025

    House Passes Bill To Codify FCC Network Security Council

    The U.S. House of Representatives passed a bill Tuesday that would cement into law a federal advisory panel on network security.

  • July 15, 2025

    The Biggest IP Agency Developments Of 2025: Midyear Report

    The U.S. Patent and Trademark Office and the U.S. Copyright Office have not been spared from the Trump administration's shake-ups and changes across the federal government in the first half of the year.

  • July 15, 2025

    Gould Sworn In As Comptroller Of Currency

    Former Jones Day partner Jonathan Gould on Tuesday was sworn in as the next leader of the Office of the Comptroller of the Currency, marking his return to the agency where he spent more than two years as chief counsel.

  • July 15, 2025

    Split 4th Circ. Rejects GenBioPro Abortion Ban Challenge

    A split Fourth Circuit panel on Tuesday rejected GenBioPro's challenge to a West Virginia law banning medication abortion with narrow exceptions, with the majority finding the ban does not conflict with federal regulators' statutory authority to impose safety requirements on drug manufacturers.

  • July 15, 2025

    3rd Circ. Backs FAA's Civil Penalty Actions Post-Jarkesy

    The Third Circuit on Tuesday backed the Federal Aviation Administration's adjudicatory authority to impose civil penalties for air safety rules violations, saying in a precedential ruling that the U.S. Supreme Court's Jarkesy decision doesn't entitle a paint supplier to a jury trial in a case stemming from a leaky paint can on a FedEx plane.

  • July 15, 2025

    FCC Hunts For Customer Info On Cellcom Network Outage

    Regional wireless service provider Cellcom's mid-May network outage has prompted a public inquiry by federal regulators who want to know how customers handled their inability to make or receive texts and calls.

  • July 15, 2025

    House Lawmakers OK Bill To Block DOJ Rescheduling Pot

    A Republican-led House subcommittee approved language Tuesday that would stop the U.S. Department of Justice from loosening federal restrictions on marijuana through the administrative process.

  • July 15, 2025

    FDIC Floats Rule 'Indexing' Plan In Deregulatory Blitz

    The Federal Deposit Insurance Corp. has unveiled plans to begin automatically raising dollar thresholds used to determine which compliance requirements apply to banks, part of a broader raft of deregulatory measures that agency leaders advanced on Tuesday.

  • July 15, 2025

    EPA Defends Ending Enviro Justice Grants

    The U.S. Environmental Protection Agency has asked a federal judge to dismiss a proposed class action filed by environmental groups, a Native American village and other local governments, alleging the EPA unlawfully stopped $3 billion in climate grant funding.

  • July 15, 2025

    Feds Urge Calif. Judge To End Suit Over Border Patrol Sweep

    The U.S. government moved Tuesday to end a proposed class action alleging Border Patrol agents conducted race-based stops and warrantless arrests of people who appear to be farmworkers, arguing the government has required agents to evaluate flight risks and reasonable suspicion for stops, which renders the suit's claims moot.

  • July 15, 2025

    FTC Still Bans Ex-Pioneer CEO From Exxon Board, For Now

    If the current Federal Trade Commission upends Biden-era Democrats' ban on the former CEO of Pioneer from serving on Exxon's board, it will be on the now-Republican-led commission's own volition rather than through a petition by the executive.

  • July 15, 2025

    9th Circ. Rejects Sentencing Enhancement In Gun Case

    A Washington state federal court should not have applied a sentencing enhancement in the case of a man who handed a gun to someone who later used it to shoot an undercover federal agent, the Ninth Circuit said Monday, finding there wasn't proof his five-second hold on the weapon emboldened the shooter.

  • July 15, 2025

    FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling

    The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.

Expert Analysis

  • Del. Corporate Law Rework May Not Stem M&A Challenges

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    While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.

  • State AGs' Focus On Single-Firm Conduct Is Gaining Traction

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    Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.

  • What Parity Rule Freeze Means For Plan Sponsors

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    In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.

  • Max Pressure On Iran May Raise Secondary Sanctions Risk

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    New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.

  • Platforms Face Section 230 Shift From Take It Down Act

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    The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • ÃÛÌÒÊÓÆµ's Guidance Withdrawal Deepens Industry Uncertainty

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    Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • SEC Signals Opening For Private Fund Investment Reform

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    At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.

  • CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs

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    A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • What FCA Liability Looks Like In The Cybersecurity Realm

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    ​Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say​ attorneys Rachel Rose and Julie Bracker.

  • 'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms

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    Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.

  • Proposed State AI Rule Ban Could Alter Employer Compliance

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    A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.

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