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Public Policy
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August 15, 2025
La. Eyes Pause On Suit While Congress Mulls Future Of Hemp
Louisiana officials on Thursday asked a federal judge to pause a lawsuit challenging the state's hemp law while Congress considers the future of federal hemp policy.
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August 15, 2025
Thoreau Stomping Grounds Still Public, Mass. Justices Rule
Massachusetts' highest court on Friday said the public is entitled to use a section of an 18th century road once deemed "a paradise for walkers" by Henry David Thoreau, rejecting claims by Harvard University and other adjacent property owners that the road was made private decades ago.
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August 15, 2025
DC Circ. Paves Way For Trump Admin To Resume CFPB Cuts
A D.C. Circuit panel on Friday tentatively cleared President Donald Trump's administration to carry out mass layoffs at the Consumer Financial Protection Bureau, rejecting a lower-court hold on those efforts but giving time for groups representing consumers and agency workers to request an appeal.
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August 15, 2025
DC Sues Trump Over Police Takeover, Sanctuary Policies
The District of Columbia sued President Donald Trump and Attorney General Pam Bondi on Friday to halt the federal takeover of the Metropolitan Police Department, saying the executive branch lacks authority to exert operational control over the city's law enforcement.
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August 14, 2025
Ed. Dept. Effort To Bar School Diversity Programs Blocked
A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."
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August 14, 2025
Banks Ask To Halt 'Unfair' Clock On CFPB Open Banking Rule
Bank trade groups are asking a Kentucky federal judge to freeze looming compliance deadlines for the Consumer Financial Protection Bureau's contested open banking rule as the agency revamps the measure, while opposing fintech groups called on the White House to block banks from charging them fees for the kind of data-sharing the rule mandates.
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August 14, 2025
Fla. Judge Won't Require Snap To Heed Teen Social Media Law
A Florida federal judge has rejected the state attorney general's bid to force Snap Inc. to comply with a new law that would limit the ability of teens to access the platform, holding that the state's challenge was unlikely to succeed in light of his prior ruling in a related case finding the measure to likely be unconstitutional.
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August 14, 2025
NYC Fires Back At Co.'s Migrant Busing Suit
New York City is coming out swinging against a lawsuit brought by a charter company that helped Texas bus thousands of migrants into the city and leave them there, saying that Roadrunner Charters wasn't injured by the city enforcing its own laws.
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August 14, 2025
Fla. Judge Warns Of Split Claims In Detention Center Suit
A Florida federal judge on Thursday warned parties in a proposed class action over attorney access for individuals confined at the Everglades immigrant detention center that some claims in the lawsuit appear to belong in a neighboring district, saying that he could issue a ruling reflecting this determination.
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August 14, 2025
ATF Says Ban On Buying Handguns Out Of State Is Valid
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives asked a Texas federal judge to shoot down a bid from a gun store to overturn the federal ban on citizens purchasing handguns outside their state of residence, saying the law has historic backing.
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August 14, 2025
Colo. Sex Offender Can't Nix Registry Over Expunged Record
A Colorado Court of Appeals panel held Thursday in a matter of first impression that an expunged juvenile sex offense can be a factor in determining lifetime registration as a sex offender, rejecting a defendant's arguments that it violates the ex post facto clause and the Eighth Amendment.
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August 14, 2025
9th Circ. OKs Returning Calif. Farm Wage Suit To State Court
A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.
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August 14, 2025
Austin Asks Justices To Toss Abortion Travel Decision
The city of Austin, Texas, threw its weight behind San Antonio in the latter's fight against a state appeals court finding that barred San Antonio from funding out-of-state abortion travel, telling the Texas Supreme Court the ruling allows the state to thwart Texas cities' legislative process.
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August 14, 2025
DC Judge Halts Some USDA Climate Grant Terminations
A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.
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August 14, 2025
DOJ Says No Habeas Exception In Georgetown Scholar's Case
The Trump administration has told the Fourth Circuit that district court orders barring the removal and ordering the release of Indian Georgetown academic Badar Khan Suri, who was detained on foreign policy grounds, flout longstanding limits on courts' authority over habeas petitions.
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August 14, 2025
Trump Picks Ex-Scalia, Kavanaugh Clerk For 7th Circ.
President Donald Trump announced on Thursday evening he would be nominating Rebecca Taibleson, an assistant U.S. attorney in Wisconsin, to the Seventh Circuit.
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August 14, 2025
Trump's Brazil Tariffs Raise Questions About Legal Limits
Higher tariffs imposed last week on Brazilian imports may prove especially vulnerable to legal challenges, but stakeholders expect the U.S.-Brazil trading relationship to nevertheless remain in limbo for the immediate future.
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August 14, 2025
Bid To Block Alabama's Anti-DEI Law Rejected
An Alabama federal judge has rejected a bid to block a state law banning certain diversity, equity and inclusion-related activities at state schools and college campuses, finding the Alabama NAACP and the students and professors who filed suit didn't show that the law is unconstitutionally vague.
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August 14, 2025
Calif. Justices Say No Arb. For Nursing Home Death Claim
The California Supreme Court on Thursday reversed a decision sending to arbitration a wrongful death claim by parents who allege their son was neglected at the 24-hour skilled nursing facility he was admitted to.
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August 14, 2025
SpaceX Calls Va. Broadband Funding Plan 'Wasteful'
SpaceX criticized Virginia over its spending plan for the $1.48 billion in broadband funding it's set to receive from the BEAD program, saying the state "has put its heavy thumb on the scale in favor of expensive, slow-to-build fiber bias" over satellite.
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
AGs Urge Meta To 'Prioritize Safety' With Location Feature
A bipartisan coalition of more than three dozen state attorneys general is calling on Meta Platforms Inc. to strengthen the privacy and security safeguards for a new location tracking feature that recently debuted on Instagram, arguing that the social media giant has a duty "to prioritize user safety over product novelty."
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August 14, 2025
Okla. City Fights Creek Nation Over Tribal Court Authority
An Oklahoma city is looking to dismiss a challenge by the Muscogee (Creek) Nation that looks to block the municipality from prosecuting Native Americans for crimes committed on tribal lands, arguing that a 2022 Supreme Court ruling gives it concurrent jurisdiction with the federally recognized tribe.
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August 14, 2025
PTAB Petitions To Get More Scrutiny Under New Policy
A new Patent Trial and Appeal Board policy limiting the ability of the challengers to argue that "general knowledge" indicates that a patent is invalid will heighten scrutiny of petitions and could lead to more of them being denied if they don't comply with the rule, attorneys say.
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August 14, 2025
Wyden, Warren Ask Lutnick's Son About Firm's Tariff Bets
Senate Democratic ranking members sent a letter published Thursday to Cantor Fitzgerald & Co. CEO Brandon Lutnick raising concerns about potential insider trading and conflicts of interest associated with a financial product hedging the legality of tariffs that his father, Commerce Secretary Howard Lutnick, has been involved in.
Expert Analysis
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
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.
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Evading DOJ Crosshairs As Data Security Open Season Starts
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.
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How Trump's Trade Policies Are Shaping Foreign Investment
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.
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How Trump Admin Treasury Policies Are Reaching Banks
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.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
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.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
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.
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High Court ACA Ruling May Harm Preventative Care
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.
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Policy Shifts Bring New Anti-Money Laundering Challenges
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.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
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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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.