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Public Policy
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August 21, 2025
Feds Extend Mich. Coal Plant Order Amid Court Fight
The U.S. Department of Energy has renewed an order keeping a Michigan power plant open past its retirement date for another three months, as the government faces court challenges to its exercise of emergency powers.
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August 21, 2025
Some Chinese Fiberglass Imports Face Steep Early Duties
Chinese fiberglass door panels entering the U.S. from certain exporters face preliminary countervailing duties above 900% after those companies were unresponsive during an investigation conducted by the U.S. Department of Commerce, according to a notice published Thursday.
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August 21, 2025
FCC Dings NC FM Station For Unapproved Transfer Of Control
The owners of a low-power Catholic FM station in North Carolina are entering into a consent decree with the Federal Communications Commission over allegations that its owners effectively gave control to another entity without authorization, agreeing to pay $2,000 and implement a comprehensive compliance plan.
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August 21, 2025
Oklahoma Gov. Challenges Tulsa's Tribal Jurisdiction Deal
Oklahoma Gov. Kevin Stitt is asking the state's high court to block a settlement between the city of Tulsa and the Muscogee (Creek) Nation, arguing that without intervention the agreement will erode state sovereignty, undermine public safety and invite other municipalities to surrender their legal obligations.
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August 21, 2025
Employer Plans In Limbo As Courts Grapple With Trans Care
Despite appellate courts' apparent willingness to allow states to ban gender-affirming care for minors, employers are still waiting for clarity on whether federal anti-discrimination laws require health plans to cover transgender healthcare access, experts say.
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August 21, 2025
BREAKING: NY Appeals Court Throws Out Trump's $500M Fraud Penalty
A divided New York state appeals court panel on Thursday tossed a nearly $500 million civil fraud penalty against President Donald Trump and his sons, companies and their executives, ruling that the fine was "excessive."
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August 21, 2025
Adams Ally Hit With New Bribery, Corruption Charges
A former top aide to New York City Mayor Eric Adams on Thursday was hit with a slew of new bribery charges, with Manhattan District Attorney Alvin Bragg saying she engaged in a "wide-ranging series" of conspiracies alongside her son and others in the city.
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August 20, 2025
Musk Can't Yet Ditch Ariz. Voter's Suit Over $1M Giveaway
A Texas federal judge on Wednesday refused to toss an Arizona voter's proposed class action claiming that Elon Musk's $1 million giveaway to swing state voters was deceptively marketed as a random lottery, ruling that the voter has plausibly alleged that she was defrauded.
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August 20, 2025
Feds Lose Bid To Unseal Epstein Grand Jury Files In NY
A Manhattan federal judge Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from the trafficking case against the late sex offender Jeffrey Epstein, saying the government has not justified unsealing the materials and did not give Epstein's survivors sufficient notice before filing its request.
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August 20, 2025
17 States, DC Urge FDA To Lift Mifepristone Restrictions
Seventeen states and the District of Columbia Wednesday joined four others in urging the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying that data their health departments collected overwhelmingly back the drug's safety.
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August 20, 2025
Supersede California's Voice Over IP Rules, FCC Urged
California's new regulatory regime for internet voice call providers is a "power grab" and the Federal Communications Commission should make clear that its rules preempt those of the Golden State, a free market think tank is telling the agency.
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August 20, 2025
W.Va. Judge Blocks Private Suits Under State's 'Daniel's Law'
A West Virginia federal judge has tossed five proposed class actions accusing PeopleConnect, LexisNexis Risk Solutions and several other data brokers of violating the state's Daniel's Law by publishing information on judicial and law enforcement officers, after finding the privacy statute's lawsuit mechanism to be unconstitutional.
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August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits
A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
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August 20, 2025
GOP Sens. See Path To Crypto Market Structure Law This Year
Republican lawmakers and regulators this week previewed plans to finish cryptocurrency market structure legislation before year's end and continue reducing scrutiny from banking regulators during a multiday event that brought officials and industry participants together in Wyoming.
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August 20, 2025
UF Prof's Appeal In Free Speech Suit Was Late, 11th Circ. Says
The Eleventh Circuit on Wednesday ruled that an English professor who sued University of Florida officials for alleged free speech violations filed his appeal too late, saying he missed his deadline by eight days.
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August 20, 2025
TikTok Profits From Addicting Children, Minnesota Says
TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.
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August 20, 2025
DC Judge Won't Reinstate Ex-Copyright Chief Amid Appeal
A District of Columbia federal judge on Wednesday again refused to reinstate the U.S. Copyright Office's fired head, this time while she takes her fight to the D.C. Circuit, saying she still hasn't convinced the judge she'll suffer irreparable harm if she isn't reinstated as she appeals.
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August 20, 2025
Civil Rights Org. Urges FCC Not To Ditch Nat'l Ownership Cap
A civil rights group founded by the Rev. Al Sharpton said it would be a bad idea for the Federal Communications Commission to strip away ownership regulations that cap how many television stations any one company can own.
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August 20, 2025
9th Circ. Blocks Alaska's Bid To Loosen Federal Fishing Regs
The Ninth Circuit on Wednesday said Alaska state officials may not open part of the Kuskokwim River to gill net fishing by all residents of the state because that would violate a federal law that favors rural, subsistence fishers.
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August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts
The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
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August 20, 2025
Texas AG Says Chase Can't Recoup Failed $10M Project
The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.
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August 20, 2025
Colo. AG Pans EPA Plan To End Vehicle-Emission Standards
Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.
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August 20, 2025
Tribes Say Calif. Cannabis Raids Violate Sovereignty
The Round Valley Indian Tribes are fighting a Mendocino County sheriff's attempt to toss their California federal court suit claiming law enforcement illegally raided cannabis growing operations on three tribal members' trust allotments, arguing that the raids are illegal and violate their sovereign rights.
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August 20, 2025
NAACP, Unions Lose Bid To Stop Education Dept. Closure
The NAACP and several unions can't halt the Trump administration from shuttering the U.S. Department of Education, a Maryland federal judge ruled, finding the U.S. Supreme Court's stays of lower court orders related to the agency's dismantling indicate the plaintiffs aren't likely to win on their claims.
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August 20, 2025
Alaska Telecom Fights Changes To Buildout Rules
A small Alaskan telecom is continuing its fight against a proposal from GCI Communication Corp. that would lower standards for carriers to receive Alaska Connect Fund support, telling the Federal Communications Commission that GCI should lose funding if it can't meet its commitments.
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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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me a Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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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.