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Public Policy
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August 21, 2025
9th Circ. Dissenters Rip Judge's 'Weaponization Of Sanctions'
A half-dozen Ninth Circuit judges Thursday denounced six-figure sanctions against attorneys for prominent politicians challenging Arizona election procedures, accusing a lower court of "twisting and contorting" allegations in order to punish lawyers "based on the nature of the complaint and the clients that they represented."
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August 21, 2025
FTC Warns Tech Cos. To Honor Data Vows In Foreign Dealings
The head of the Federal Trade Commission on Thursday cautioned Meta, Google, Apple, Amazon and other major tech companies to refrain from weakening data security protections or censoring content in response to pressure from foreign governments, reminding them that reneging on promises they make to U.S. consumers could land them in hot water with the agency.
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August 21, 2025
Pa. Court Revives Fired County Worker's Whistleblower Claim
A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.
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August 21, 2025
Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed
Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.
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August 21, 2025
Challenge To Fed. Layoffs A 'Fishing Expedition,' 9th Circ. Told
A federal government attorney told a Ninth Circuit panel Thursday that a group of unions, nonprofits and cities challenging President Donald Trump's massive layoffs of federal workers have no right to communications and documents showing what went into the layoff decisions, saying it's a "fishing expedition in search of a viable legal theory."
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August 21, 2025
SBA Proposes Increasing Small Business Size Thresholds
The Small Business Administration has proposed increasing the monetary thresholds for what it considers to be a small business across 263 industries, creating a larger pool of small businesses for federal agencies to secure services from.
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August 21, 2025
Appeals Court Says Dallas Must Release Discrimination Records
A Texas appeals court ruled Thursday that the city of Dallas has to turn over records on a federal housing discrimination investigation to The Dallas Morning News, saying the information was not exempt from public disclosure.
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August 21, 2025
Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.
The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.
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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
DC Circ. Lets Trump's NCUA Board Purge Stand Amid Appeal
A D.C. Circuit panel said Thursday that the Trump administration can continue blocking two ousted National Credit Union Administration leaders from returning to the agency's board while it appeals a lower-court ruling reinstating them.
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August 21, 2025
Property Owners Say SF Vacancy Tax Violates Rights
A San Francisco levy on vacant residential units is not a tax, but a penalty, and violates property owners' constitutional rights to keep their private property from being taken for public use without just compensation, the owners told a California appellate court.
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August 21, 2025
Pro-Israel Group Seeks Sanctions Against Fired Emory Prof
A pro-Israel foundation has demanded a Georgia federal court sanction a Palestinian-American former Emory University professor who said the foundation was complicit in her ouster from the school, arguing the professor and her attorney have baselessly blamed "an imaginary Jewish conspiracy" for her firing.
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August 21, 2025
DC Judge Leaves Travel Ban Intact, But Blocks No-Visa Policy
A D.C. federal judge ruled Thursday that federal immigration law gives President Donald Trump the authority to implement a ban restricting travel from 19 countries, but does not authorize the executive branch to implement a ban on issuing visas.
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August 21, 2025
9th Circ. Rejects Rehearing On Alaskan Willow Oil Project
A Ninth Circuit panel won't undo its ruling to uphold the federal government's decision to only move forward with alternative versions of the ConocoPhillips Willow project that strayed from its original plans and that Alaskan Native and environmental advocacy groups say will result in full development of the Arctic oil reservoir.
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August 21, 2025
CFPB Calls For Input On Open-Banking Fees, Access Issues
The Consumer Financial Protection Bureau is taking a first step toward reopening its Biden-era open-banking rule, issuing a fresh call for comment on key sticking points that have divided banks and fintech firms and become a focus of industry litigation.
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August 21, 2025
GTCR Deal A 'Smokescreen' For Coatings Merger, FTC Says
GTCR BC Holdings LLC's $627 million bid to buy the nation's largest medical device coatings company is a blatant attempt to overwhelmingly dominate an already highly concentrated market, and the "smokescreen" of a partial divestiture shouldn't convince anyone otherwise, the Federal Trade Commission told an Illinois federal judge Thursday.
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August 21, 2025
Trump Urges DC Circ. Not To Review Its Foreign Aid Decision
The Trump administration is urging the D.C. Circuit to leave its panel's split decision that nonprofits can't force the government to release foreign aid in place, arguing that full en banc review is unnecessary and that private enforcement of the Impoundment Control Act would run afoul of the law.
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August 21, 2025
Texas AG Can't Question NGO Over Alleged Border Crossing Aid
A Texas appellate court shot down the state attorney general's request to take a presuit deposition from an aid organization that allegedly helped unauthorized immigrants cross the southern border, saying in a Thursday split decision the attorney general failed to show adequate evidence.
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August 21, 2025
CVS, Drugmakers Illegally Inflated Insulin Prices, City Claims
Drugmakers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, and others have been hit with civil racketeering and state unfair trade practices law claims by the city of Torrington, Connecticut, over an alleged scheme to inflate insulin prices.
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August 21, 2025
FCC Seeks Feedback On New Pole Attachment Deadlines
The Federal Communications Commission wants industry and interested parties to share what they think about a set of rule changes the agency has proposed to make pole attachment regulations less complicated and hopefully to speed up the deployment of broadband.
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August 21, 2025
9th Circ. Lets DHS End More Temporary Protections, For Now
A Ninth Circuit panel put on hold for now a district court ruling postponing the Trump administration's bid to end temporary protected status for 60,000 people from Nicaragua, Honduras and Nepal, but denied the government's bid to halt the lower court proceedings.
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August 21, 2025
Democratic Sen. Urges Trump Admin To Plan For Tariff Refunds
Senate Small Business Committee ranking member Edward J. Markey, D-Mass., sent a letter Thursday to agency leaders in President Donald Trump's administration requesting the government prepare a tariff refund plan in case federal courts strike down Trump's emergency tariffs.
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August 21, 2025
DOJ Gets Backing In Fight Over Public Benefits
A group that fights to restrict immigration into the U.S. is urging a Rhode Island federal court to let the Trump administration narrow noncitizens' access to programs like Head Start, homeless shelters and food banks, arguing Thursday that a coalition of 20 states is trying to obstruct immigration enforcement and give benefits to "illegal aliens."
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August 21, 2025
NHTSA Looking Into Tesla Crash Report Tardiness
Tesla Inc. must explain why many crashes involving its advanced driver-assistance systems or self-driving vehicles are not being timely reported to the National Highway Traffic Safety Administration, according to a notice filed by federal regulators who are now investigating the company's compliance.
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August 21, 2025
High Court Allows Trump Admin To Cancel $783M In NIH Grants
The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients.
Expert Analysis
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.