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Public Policy

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 14, 2025

    Ex-City Workers' Disability Bias Suit Should Fail, Judge Says

    An Atlanta suburb shouldn't have to face a suit alleging it fired two employees because of their stress and anxiety, a Georgia federal magistrate judge recommended, saying neither worker could overcome explanations that poor performance cost her the job.

  • July 14, 2025

    NY Court Declines To Make Trump US Atty Permanent

    The Northern District of New York said on Monday that it has declined to appoint interim U.S. Attorney John A. Sarcone III to the permanent seat ahead of his short-term tenure's expiration, despite his previous comments to the contrary to local media.

  • July 14, 2025

    Nonprofit Sues DHS For Info On ICE Actions

    Democracy Forward Foundation has launched a lawsuit against the Trump administration in Washington federal court, seeking to compel the U.S. Department of Homeland Security to release documents pertaining to White House official Stephen Miller's role in leading immigration enforcement actions.

  • July 14, 2025

    Calif. Panel Upends Arbitration Pact In Worker's Firing Suit

    A Charter Communications worker's wrongful termination suit should not have been sent to arbitration, a California appeals court said, after finding the company's alternative dispute resolution pact held one-sided provisions and made it difficult for employees to opt out.

  • July 11, 2025

    Judge Bars Indiscriminate Immigration Stops In SoCal

    A California federal judge on Friday temporarily blocked the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid federal immigration raids in Southern California, while also ordering the U.S. Department of Homeland Security to provide detainees with access to lawyers.

  • July 11, 2025

    Adams Loses Suit Seeking Reelection Campaign Match Funds

    A Brooklyn federal judge Friday backed the New York City Campaign Finance Board's decision to deny Mayor Eric Adams $3.5 million in reelection campaign matching funds, saying the board didn't deny the funds solely due to now-tossed corruption charges against the mayor.

  • July 11, 2025

    DOJ Sends Warning In Gender Care Provider Subpoenas

    The announcement of federal subpoenas targeting doctors who offer gender-affirming care signals an escalation in the Trump administration's campaign against such treatment, experts say, delivering a warning to healthcare providers.

  • July 11, 2025

    Midyear 2025: A Glimpse At Sports Betting Enforcement

    The first half of 2025 saw a flurry of activity in the enforcement of sports betting rules, with two NBA veterans finding themselves at the center of a federal gambling probe, two mixed martial arts fighters receiving lengthy suspensions, and Shohei Ohtani's disgraced interpreter catching a 57-month prison sentence for theft.

  • July 11, 2025

    Catching Up On Stewart's Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what they decided.

  • July 11, 2025

    Grayscale Tells SEC 'End-Run' Shouldn't Delay Crypto ETP

    Digital asset management firm Grayscale Investments LLC has challenged a decision by the U.S. Securities and Exchange Commission to hold back the launch of its multi-crypto exchange-traded fund, arguing in a letter to the agency that the stay violates the Exchange Act's rules on approval timelines.

  • July 11, 2025

    Colo. Court Mostly Backs Coal Mine In Water Permit Dispute

    A Colorado appeals court said that most of the stormwater discharges produced by a mining company in Gunnison County do not require a permit, reversing lower court and administrative judge rulings.

  • July 11, 2025

    Hospital Says Wash. Withholding Docs In Billing Fraud Suit

    A hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme contends the Washington state attorney general's office has wrongly refused to provide records from agencies involved in the misconduct investigation, according to new filings in federal court.

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    Cannabis Industry Group Praises Hemp Ban In Spending Bill

    A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.

  • July 11, 2025

    Census Didn't Change Rural Carrier Definition, FCC Says

    The Federal Communications Commission hasn't changed its definition of a "rural competitive local exchange carrier," the agency assured companies after the U.S. Census Bureau's shift in terminology for urban areas threw the definition into doubt.

  • July 11, 2025

    9th Circ. Upholds Feds' Arctic Ringed Seal ESA Protections

    The Ninth Circuit on Friday upheld the federal government's Endangered Species Act protections for Arctic ringed seals and rejected Alaska's effort to roll them back.

  • July 11, 2025

    State Dept. Defends Visa Revocations For Anti-Israel Protests

    A senior U.S. Department of State official testified Friday that a series of high-profile visa and green card revocations were based on participation in campus protests or other acts that "fostered a hostile environment for Jewish students" and included expressions of support for terrorist organizations.

  • July 11, 2025

    Former NC Rep. Says State Law Covers Discrimination Suit

    A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.

  • July 11, 2025

    Ga. Judge Pauses Discovery In Suit Against Ex-Atlanta IG

    A Georgia federal judge has stayed discovery in a case in which a lobbyist and city contractor sued Atlanta's former inspector general for allegedly violating state law by issuing subpoenas for the lobbyist's bank records in order to bolster a frivolous corruption probe.

  • July 11, 2025

    Google Won't Have To Turn Over EU Ad Tech Settlement Docs

    A Virginia federal judge refused a request from the U.S. Department of Justice Friday to force Google to hand over submissions it made to European enforcers when trying to settle their investigation as the sides ready for a remedies trial in the ad tech monopolization case.

  • July 11, 2025

    Gun Group's NJ Nuisance Law Case Paused Amid State Action

    A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.

  • July 11, 2025

    Judge Considers Halt On Abrego Garcia's Deportation

    A Maryland federal judge said Friday she would seek to ensure that Kilmar Abrego Garcia isn't deported without due process again, pressing government attorneys to either adequately guarantee that he'll get sufficient notice and a chance to challenge his removal, or to expect an order from her requiring it.

  • July 11, 2025

    PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court

    Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.

  • July 11, 2025

    2nd Circ. Backs NY Liability Law Targeting Gunmakers

    The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

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    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • Federal Construction Considerations Amid Policy Overhaul

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    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

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