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Public Policy

  • July 17, 2025

    Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption

    An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.

  • July 17, 2025

    Trump Picks Two For NLRB, Setting Up Return Of Quorum

    President Donald Trump announced his choices Thursday of an in-house counsel at Boeing and a longtime National Labor Relations Board official to fill two long-standing vacancies on the board, setting up confirmations that would restore a quorum on the NLRB.

  • July 17, 2025

    Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work

    President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.

  • July 16, 2025

    11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction

    The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.

  • July 16, 2025

    Fla. Man Convicted In Plot To Kill Fed Prosecutor, FBI Agent

    A Florida federal jury convicted a former university student of charges in connection with a murder-for-hire plot and attempting to kill U.S. government officials, including a prosecutor and FBI agent shortly before his trial commenced in a separate cyberstalking case.

  • July 16, 2025

    Immigrants Slam 'Unlawful' Immigration Courthouse Arrests

    A group of immigrants and advocacy groups on Wednesday filed a proposed class action over the Trump administration's recent practice of arresting and fast-tracking the deportation of people attending hearings at immigration courts, calling the arrests "unprecedented" and "unlawful."

  • July 16, 2025

    Fed IG To Probe $2.5B HQ Renovation Amid Trump Criticism

    The Federal Reserve's inspector general confirmed Wednesday that it plans to look into the central bank's $2.5 billion renovation of its Washington, D.C., headquarters, an overbudget project that has become a target of White House criticism of Fed Chair Jerome Powell.

  • July 16, 2025

    Dallas Beats Suit By Motorist Hit By Police Car

    Sovereign immunity shields municipalities in instances where their police officers run red lights with their warning sirens off during emergency calls, according to a Texas appeals court, which ruled against a motorist who was hit by a Dallas police patrol vehicle.

  • July 16, 2025

    Fla. Judge Will Hear Out Suit Over Postponed Miami Elections

    A Florida state judge on Wednesday declined to rule on a lawsuit challenging a Miami ordinance postponing municipal elections, instead considering arguments over the legality of the law that bypasses a voter referendum and extends the offices of some city elected representatives whose terms expire at the end of this year.

  • July 16, 2025

    Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.

    Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.

  • July 16, 2025

    House Crypto Bills Clear Procedural Hurdle After Late Stall

    Three pieces of crypto legislation moved forward late Wednesday night after stumbling at a procedural hurdle in the House of Representatives as multiple Republican lawmakers broke with their party and temporarily withheld their support.

  • July 16, 2025

    Trump Taps Ex-Thomas, Kavanaugh Clerk For 3rd Circ.

    President Donald Trump announced on social media Wednesday that he has chosen a Catholic University of America law professor, who is currently serving in the White House Counsel's office and has clerked for U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh, to serve on the Third Circuit.

  • July 16, 2025

    GAO Tells Congress Loser-Pays Model Not Needed

    The U.S. Government Accountability Office said in a letter to Congress that it does not endorse creating a loser-pays model for unsuccessful protests of defense contracts because sufficient measures already exist to limit the impact of protests filed without a substantial basis.

  • July 16, 2025

    With Discretionary Denials, PTAB Accepting Fewer Petitions

    The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.

  • July 16, 2025

    Maine Clinics Sue Over Medicaid Ban On Abortion Providers

    A Maine family planning organization sued the U.S. Department of Health and Human Services on Wednesday over abortion-related Medicaid restrictions outlined in President Donald Trump's budget act, saying they violate constitutional equal protection rights.

  • July 16, 2025

    AI Tools Taking On Bigger Role In USPTO Patent Examination

    The U.S. Patent and Trademark Office is expanding how artificial intelligence is used in patent examination, adding an image search tool that design patent examiners will soon be trained on to existing tools for utility patent examiners, officials said at a Wednesday event.

  • July 16, 2025

    Cornell Workers Urge 2nd Circ. Remand Suit Justices Revived

    Cornell University workers urged the Second Circuit to remand their sweeping class action alleging retirement plan mismanagement to New York federal court, arguing that the lower court should decide whether to hold a jury trial on a claim that the U.S. Supreme Court revived in April.

  • July 16, 2025

    Family Of Philly Teacher Pushes City For Answers On Death

    The family of Ellen Greenberg, a Philadelphia teacher whose 2011 death was ruled a suicide despite 20 stab wounds, is pressing city officials to honor a settlement in which they agreed to revisit her cause of death after a decade-long legal battle.

  • July 16, 2025

    Hawley Accuses AI Cos. Of Largest IP Theft In US History

    U.S. Sen. Josh Hawley condemned artificial intelligence developers accused of using pirating sites to obtain training material for their AI models, calling the claims part of "the largest intellectual property theft in American history" during a hearing Wednesday.

  • July 16, 2025

    Ga. Prosecutor Resigns Amid DUI Handling Feud With Judge

    A Georgia prosecutor announced his resignation from a county solicitor's post Wednesday amid a public feud with a state court judge and dueling allegations of prosecutorial and judicial misconduct.

  • July 16, 2025

    Mass. Judges To Mull Dismissals Amid Defender Pay Standoff

    Nearly two months after many court-appointed attorneys in Massachusetts stopped accepting new cases over what they say is poor pay, a solution still appears elusive, even as judges will soon start hearing motions to dismiss cases under an emergency order issued by a state high court justice.

  • July 16, 2025

    Dominion Exec Settles Defamation Suit With Election Denier

    A former Dominion Voting Systems Inc. executive reached a settlement on Wednesday in Colorado federal court with a right-wing podcast and speaking tour that he said were spreading defamatory statements surrounding the 2020 election.

  • July 16, 2025

    Justice Kavanaugh Pauses 8th Circ.'s Voting Rights Ruling

    Supreme Court Justice Brett Kavanaugh on Wednesday administratively paused an Eighth Circuit decision to vacate two North Dakota tribes' challenge to two of the state's voting laws, pending the outcome of a forthcoming petition to the full high court.

  • July 16, 2025

    FCC Looks To Streamline Regs For Enviro Reviews

    The Federal Communications Commission expects to move a plan forward in August that would overhaul its rules for scrutinizing telecom and broadband projects under the National Environmental Policy Act.

  • July 16, 2025

    House Panel Urged To Modernize Tax Rules For Digital Assets

    Congress needs to create tax rules for digital assets such as cryptocurrency and nonfungible tokens because the current regime is burdensome for businesses and pushing development out of the U.S., industry representatives told a House Ways and Means Committee subcommittee Wednesday.

Expert Analysis

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.

  • Opinion

    Congress Should Pass IP Reform, Starting With 3 Patent Bills

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    Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.

  • Perspectives

    The Reforms Needed To Fight Sexual Abuse By Prison Staff

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    Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.

  • Colo. Antitrust Law Signals Growing Scrutiny Among States

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    Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.

  • FCPA Enforcement Is Here To Stay, But It May Look Different

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    After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.

  • Ore. Coinbase Case Charts New Path For State Crypto Suits

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    Oregon's recent lawsuit against Coinbase serves as a reminder for the crypto industry that not all states will simply defer to the U.S. Securities and Exchange Commission's evolving stance on crypto-assets, highlighting why stakeholders should proactively assess the risks posed by state-level litigation and develop strategies to address distinct challenges, say attorneys at Steptoe.

  • AGs Take Up Consumer Protection Mantle Amid ÃÛÌÒÊÓÆµ Cuts

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    State attorneys general are stepping up to fill the enforcement gap as the Trump administration restructures the Consumer Financial Protection Bureau, creating a new regulatory dynamic that companies must closely monitor as oversight shifts toward states, say attorneys at Cozen O’Connor.

  • Va.'s Altered Surcharge Law Poses Constitutional Questions

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    Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • 5 Open Questions About FDA's AI-Assisted Review Plans

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    The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.

  • Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

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    In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court’s jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.

  • How Trump Administration's Antitrust Agenda Is Playing Out

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    Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.

  • Justices' Ruling Lowers Bar For Reverse Discrimination Suits

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    The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.

  • Fed's Crypto Guidance Yank Could Drive Innovation

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    The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.

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