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Public Policy
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June 20, 2025
Student Visa Applicants Must Now Share Social Media Profiles
The U.S. Department of State said foreign nationals seeking student and exchange visas will be instructed to make all their social media profiles public for government review as it resumes an application process suspended last month.
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June 20, 2025
DOT Blocked From Conditioning Grants On Immigration Policy
A Rhode Island federal judge on Thursday preliminarily blocked the U.S. Department of Transportation from conditioning billions of state grant dollars on enforcing President Donald Trump's immigration crackdown agenda, finding that a 20-state coalition is likely to win its constitutional legal fight and will be irreparably harmed without an injunction.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 20, 2025
Judge Halts Trump's Harvard Foreign Student Ban
A Massachusetts federal judge on Friday granted a preliminary injunction blocking the Trump administration's move to bar foreign students from attending Harvard University.
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June 20, 2025
Nose Spray Co. Sues FTC Over Substantiation Requirement
Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.
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June 20, 2025
NJ Federal Judge Orders Khalil To Be Released On Bond
A New Jersey federal judge ordered Columbia graduate student Mahmoud Khalil to be released from immigration detention on bond, ruling from the bench on Friday that keeping someone like him behind bars is "highly unusual."
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June 20, 2025
Psychedelic Therapy Reform Gets Boost From Conservatives
Former Texas Gov. Rick Perry told attendees at a psychedelics conference this week that he was committed to loosening federal restrictions on a prohibited psychoactive substance that has shown promise in treating mental health conditions like opioid addiction.
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June 20, 2025
9th Circ. Allows Trump To Federalize National Guard In LA
The Ninth Circuit ruled that President Donald Trump can federalize the California National Guard while the state's lawsuit challenging his mobilization of the troops in Los Angeles plays out, saying the president likely acted under statutory authority that Congress granted.
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June 20, 2025
Justices Let E-Cig Retailers Join Challenge To FDA Prohibition
The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.
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June 20, 2025
Supreme Court Affirms Anti-Terror Law
The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.
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June 20, 2025
High Court Says FCC Orders Not Above District Court Review
The U.S. Supreme Court on Friday ruled that district courts should be allowed to question the slate of regulations that the Federal Communications Commission has issued under the Telephone Consumer Protection Act, further constricting the power of federal agencies to interpret laws.
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June 20, 2025
Justices Say Fuel Groups Can Fight Emissions Waiver
The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.
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June 20, 2025
4 ERISA Cases To Watch In The 2nd Half Of 2025
The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.
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June 18, 2025
Texas Judge Vacates Biden-Era HHS Abortion Privacy Rule
A Texas federal judge on Thursday agreed to vacate a U.S. Department of Health and Human Services rule finalized during the Biden administration that aimed to protect the privacy of patients seeking abortions and gender-affirming care, ruling that the HHS didn't have the authority to "fashion special protections" in areas of "great political significance."
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June 18, 2025
6th Circ. Vacates Removal, Judge Slams High Court's Ruling
The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.
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June 18, 2025
Sens., AGs Unite To Raise Alarm On State AI Moratorium
A sweeping proposal being considered by Congress to strip states of the ability to regulate artificial intelligence for a decade would do more harm than good, especially if there continues to be no similar protections in place at the federal level, a bipartisan quartet of U.S. senators and state attorneys general said Wednesday.Â
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June 18, 2025
Groups Say Feds Violate Flores With Lengthy Child Detention
Children's and legal rights groups on Tuesday evening urged a California federal judge to enforce a decadesold settlement agreement governing the custody of immigrant children, saying migrant children today are being held for prolonged periods in unsafe and unsanitary "prison-like" conditions.
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June 18, 2025
Tesla Says Justices Shouldn't Wait On La. Auto Sales Law
Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.
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June 18, 2025
ACLU Asks 5th Circ. To Note Report Disputing Gang Invasion
The American Civil Liberties Union advised the Fifth Circuit to consider a National Intelligence Council assessment that the Maduro regime likely does not cooperate with the Tren de Aragua gang in its bid to halt removals under the Alien Enemies Act in the Northern District of Texas.
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June 18, 2025
FDA Says Vape Co.'s Suit Doesn't Merit Jury Trial
The U.S. Food and Drug Administration told a Texas federal court a company that allegedly sold illegal vapes does not have the right to a jury trial, saying that Congress expressly created administrative proceedings for infractions such as the one the company allegedly committed.
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June 18, 2025
Mississippi Social Media Law Blocked Again By Federal Judge
A Mississippi federal judge reinstated a preliminary injunction Wednesday that blocks a state law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, preventing it from taking effect after the Fifth Circuit lifted the court's previous injunction.
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June 18, 2025
OCC Orders Earnings, Strategy Overhaul For 'Troubled' Carver
Carver Federal Savings Bank, one of the nation's largest Black-led banks, has agreed to undertake new strategic planning and efforts to improve its earnings in response to regulatory concerns flagged by the Office of the Comptroller of the Currency.
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June 18, 2025
NY Prosecutors Seize Crypto Linked To Social Media Scams
New York Attorney General Letitia James on Wednesday said her office and the Brooklyn District Attorney's Office collaborated to seize and freeze $440,000 worth of cryptocurrency that was stolen via Facebook scams targeting Russian-speaking communities in the city and beyond.
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June 18, 2025
4th Circ. Backs Ban On Handgun Sales To Young Adults
A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.
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June 18, 2025
NC Panel Rejects HCA Unit's Appeal Over Rival Project Award
A North Carolina appeals court on Wednesday rejected an HCA Healthcare subsidiary's challenge to an award of a certificate of need allowing a rival to build a new acute care facility, backing a decision in favor of the state health department behind the award.
Expert Analysis
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What Banks Should Note As Regulators Plan To Nix CRA Rule
While federal bank regulators’ recently announced intent to rescind a Biden-era Community Reinvestment Act final rule will loosen the framework for evaluating banks’ lending, service and investing activities, the decision means industry innovations and changes will remain unaddressed, say attorneys at Alston & Bird.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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ÃÛÌÒÊÓÆµ Vacatur Bid Sheds Light On Agency Decision-Making
While the ÃÛÌÒÊÓÆµ's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to ÃÛÌÒÊÓÆµ decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.