Public Policy

  • August 28, 2025

    NJ Borough Sues American Dream Mall Over Sunday Sales

    A New Jersey borough sued a major East Rutherford mall owner, its main tenant and other parties in state court over the mall allegedly violating the state's ban on selling certain items on Sundays, urging the court to block the main tenant's retail operations and to declare the mall's premises and the sale of the banned products to be public nuisances.

  • August 28, 2025

    Fed. Circ. Says AI Co. Not 'Interested Party' In Bid Protest

    The en banc Federal Circuit affirmed on Thursday a lower court's dismissal of Percipient.ai's protest challenging its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, holding that the company lacks standing.

  • August 28, 2025

    Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.

    The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch. 

  • August 28, 2025

    Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

    Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

  • August 28, 2025

    End Of De Minimis Duty Breaks May Snag Supply Chains

    As the duty exemption for low-value imports ends Friday in accordance with President Donald Trump's executive order, lawyers say they expect cost increases for importers and customers and administrative burdens that could snarl supply chains, especially for consumer goods.

  • August 28, 2025

    FTC Unpauses Administrative Case Over Insulin Prices

    The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.

  • August 28, 2025

    Unions Urge Judgment Blocking DOGE's Agency Access

    Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.

  • August 28, 2025

    EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.

  • August 28, 2025

    Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

    A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

  • August 28, 2025

    Court Blocks Bid To Keep Everglades Detention Center Open

    A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location. 

  • August 28, 2025

    USPTO Offers Streamlined Patent, TM Assignment Search Tool

    The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

  • August 28, 2025

    Arkansas Court Dismisses Cherokee Casino License Claims

    An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.

  • August 28, 2025

    AstraZeneca Challenges Colo. Law Over Drug Pricing Rules

    Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.

  • August 28, 2025

    Tribal Members Seek 5th Circ. Redo In San Antonio Park Row

    Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.

  • August 28, 2025

    Cannabis Biz Says Long Island Town Illicitly Blocked Opening

    A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.

  • August 28, 2025

    Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks

    U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.

  • August 28, 2025

    Wash. Sen. Opposes Full-Term Role For State's New US Atty

    The newly installed interim U.S. attorney for the Eastern District of Washington at this juncture has not been nominated for the full-term role, but one of the state's Democratic senators is already vowing to prevent his confirmation.

  • August 28, 2025

    Red States Fight Youths' Effort To Stop Trump Energy Orders

    Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.

  • August 28, 2025

    Trump Fires Democratic Member Of Rail Regulator

    President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.

  • August 28, 2025

    Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence

    As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that. 

  • August 28, 2025

    Hartford Cops' Assault Response Reveals Bias, Court Told

    The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.

  • August 28, 2025

    PBGC Must Reconsider Bakery Union's $132M Bailout Bid

    The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.

  • August 28, 2025

    Hawaii Transient Tax Is Unconstitutional, Cruise Cos. Say

    The extension of Hawaii's 11% transient accommodation tax to cruise ship passengers under a new law violates the U.S. Constitution, a group of cruise companies told a U.S. district court.

  • August 28, 2025

    UK Plastic Packaging Tax Revenue Dips As Exemptions Rise

    The U.K. has collected slightly less revenue from its tax on plastic packaging over the past year as manufacturers have begun using more recycled materials to qualify for exemptions from the levy and imports have declined, HM Revenue & Customs said Thursday.

  • August 28, 2025

    First Chief PTAB Judge Remembered As Industrious Leader

    Colleagues and loved ones of James Donald Smith — the first chief judge of the Patent Trial and Appeal Board who died this spring — remembered him as a superb leader, talented violist and dear friend at a memorial service on Saturday that featured a reading of a letter from former President Barack Obama.

Expert Analysis

  • How Justices' Ruling Limits Options To Challenge DHS Orders

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    In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.

  • SEC Proposal Could Hurt Foreign Issuers' US Market Access

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    The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

  • Federal Regs Order May Spell Harsher FDCA Enforcement

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    A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.

  • DOJ's 1st M&A Declination Shows Value Of Self-Disclosures

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    The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • New Laws Show How States Are Checking AI Developers

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    Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.

  • Nev. Steps Up Efforts To Attract Incorporations With New Law

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    Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.

  • Birthright Opinions Reveal Views On Rule 23(b)(2) Relief

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    The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.

  • 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.

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