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Public Policy
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August 19, 2025
Pa. Justices OK Lower Court's Test For When Posts Are Public
A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.
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August 19, 2025
Cannabis Store Defends NY Labor Peace Law Challenge
A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.
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August 19, 2025
FTC Fights Order Blocking Media Matters Probe
The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.
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August 19, 2025
Public Broadcasters Alarmed At Warning Grant Cuts
The Corporation for Public Broadcasting called on the Federal Emergency Management Agency to take over its $136 million Next Generation Warning System grant program for local public media stations, saying it can no longer manage the program as it winds down operations.
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August 19, 2025
​​​​​​​CSX To Shell Out $440K In DOL Retirement Plan Fee Suit
CSX Transportation Inc. and the U.S. Department of Labor asked a Florida federal judge Tuesday to sign off on a $440,000 settlement ending the agency's lawsuit alleging the company unlawfully deducted fees from a trust devoted to funding its employee retirement plans.
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August 19, 2025
Trump Signs Bill To Boost Export Control Transparency
President Donald Trump signed a bipartisan bill on Tuesday that aims to provide more transparency in the U.S. Department of Commerce's export control system, which restricts foreign adversaries from obtaining critical U.S. technologies and software.
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August 19, 2025
Feds Say They'll Rescind Biden-Era Species Protections
The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.
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August 19, 2025
5 Firms Build $6.2B Nexstar, Tegna Media Mega-Merger
Broadcast television giant Nexstar Media Group Inc. on Tuesday unveiled plans to buy fellow broadcast digital media company Tegna Inc. in an all-cash deal that was built by five law firms and is valued at $6.2 billion.
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August 19, 2025
Ninth Circuit Pauses Oak Flat Land Transfer Pending Appeals
A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multi-billion dollar proposed project play out in the appellate court.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful
Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.
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August 18, 2025
Battle Brews Over Fed's Plan For Big Bank Ratings Revamp
Leading banking industry groups are urging the Federal Reserve to move full speed ahead with a supervisory ratings overhaul that could classify more big banks as "well managed," but critics warn the plan amounts to dangerous, and potentially unlawful, grade inflation.
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August 18, 2025
Meta Faces Senate Probe Over AI Chatbots' Talks With Kids
Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors.Â
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
Ex-NY AG Immune From Malicious Prosecution Suit
Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.
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August 18, 2025
SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty
The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.
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August 18, 2025
OMB Says Agencies Can Cut Some Gov't Contract Requirements
The Office of Management and Budget authorized federal agencies to immediately start eliminating requirements from future government contracts as part of the Trump administration's effort to get rid of non-statutory rules from the Federal Acquisition Regulation.
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August 18, 2025
9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants
A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.
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August 18, 2025
Unions Attack Gov't's Bid To Nix Federal Firings Dispute
Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.
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August 18, 2025
Monsanto Reaches Terms To Settle Wash. School PCB Torts
Monsanto has come to tentative settlement terms to end claims from roughly 200 people who say they developed various health problems from chemical contamination at a Washington state school site, parent company Bayer AG said Monday.
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August 18, 2025
Texas Judge Stays PWFA Suit After 5th Circ. Decision
A Texas federal judge on Monday stayed a challenge to the Pregnant Workers Fairness Act after the Fifth Circuit ruled in a separate case that the U.S. Equal Employment Opportunity Commission could enforce the law.
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August 18, 2025
FTC Targets Ticket Resellers Over Eras Tour Sales Meltdown
The Federal Trade Commission on Monday sued ticket brokers in Maryland federal court for allegedly snatching up hundreds of thousands of Taylor Swift Eras Tour tickets and selling them at high markups after bypassing Ticketmaster's purchase limit rules and verification processes by using fake accounts and spoofed IP addresses.
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August 18, 2025
College And Students Take Texas Dream Act Suit To 5th Circ.
A Texas federal judge has ruled that bids by a state community college and a student association to intervene in a suit challenging a Texas law allowing in-state tuition for unauthorized immigrants would be "legally futile," prompting their appeal to the Fifth Circuit.
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August 18, 2025
Colo. AG Blasts FCC's T-Mobile, Skydance Approvals
Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.
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August 18, 2025
Mexican Bank Sues Treasury Over Opioid Order Death Knell
Mexico-based bank CIBanco has sued the U.S. Department of the Treasury and its criminal enforcement wing for cutting off its access to the U.S. financial system through an order aimed at combating opioid trafficking, arguing it faces an "imminent demise" if it doesn't get the chance to show the regulator's allegations are false.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends
The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.