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Public Policy
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August 26, 2025
Puerto Rico Utility Bondholders Say They'll End Reorg Deal
A group of Puerto Rican electric utility bondholders have told a New York federal judge they will pull out of a three-year-old deal to support the utility's proposed restructuring plan if it is not confirmed by October.
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August 26, 2025
Commerce Announces Final Steel Duty Rates For 10 Countries
Brazilian and Vietnamese corrosion-resistant steel products entering the U.S. could face triple digit antidumping duties, according to final rates the U.S. Department of Commerce announced Tuesday for 10 trading partners.
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August 26, 2025
Feds Look To Dismiss Calif. Tribe's $700M Casino Dispute
The U.S. Department of the Interior, with the backing of two tribes and the California Gaming Association, is looking to dismiss a lawsuit over its decision to temporarily nix eligibility for a proposed $700 million casino and hotel project, arguing it doesn't constitute a final agency action under the Administrative Procedure Act.
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August 26, 2025
5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit
The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.
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August 26, 2025
Doctors Press 5th Circ. To Reverse Surprise Billing Ruling
Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.
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August 26, 2025
HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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August 26, 2025
Brewer Can't Challenge Home Distilling Ban, US Tells 6th Circ.
A brewery owner who wants to make his own whiskey can't bring a suit challenging the tax code's prohibition on home distilleries because he hasn't shown that he's likely to start making spirits or that the government would come knocking if he does, the U.S. Treasury Department told the Sixth Circuit.
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August 26, 2025
FERC Urged To Ignore Ill. Grid Project Policy Fight
The Federal Energy Regulatory Commission has been told that it shouldn't second-guess Illinois lawmakers and courts to declare that incumbent utilities in the state have a right of first refusal to build new, regionally planned transmission projects.
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August 26, 2025
CFTC's Last Dem Member Departing Agency
The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the hands of acting Chair Caroline Pham.
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August 26, 2025
Judge Axes Habeas Suit, Tells DOJ To Use 'Proper' Forum
A Virginia federal judge on Tuesday dismissed the Trump administration's lawsuit challenging a standing order from Maryland federal judges temporarily pausing the removal of noncitizen detainees who have filed habeas petitions, telling the U.S. Department of Justice that if it wants to challenge the court policy, it must follow the "proper" channels.
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August 26, 2025
Texas AG To Probe Heavy Metals In Baby Foods
The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.
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August 26, 2025
3rd Circ. Says Tossing Undated Mail Votes Is Unconstitutional
The Third Circuit ruled Tuesday that Pennsylvania discarding mail-in ballots with missing or incorrect dates violates voters' constitutional rights, reasoning that preventing the loss of votes outweighed any claimed benefits of enforcing the state's date requirement.
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August 26, 2025
Tax Credit Dispute Sparks $1.3M Lawsuit Against Jersey City
A prominent Garden State developer filed a lawsuit against New Jersey's second-largest city, claiming the city improperly reversed its position on a longstanding tax agreement — demanding nearly $1.3 million in back payments that the developer says it does not owe.
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August 26, 2025
Calif. Senate OKs New Tax Default Property Sales Rules
California county boards of supervisors would be required to take new steps before approving the sale of a tax-defaulted property under a bill passed by the state Senate.
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.
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August 26, 2025
TikTok Takes State's Addictive App Case To NC Top Court
TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.
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August 26, 2025
EU Defends Digital Taxes Following Trump's Tariff Threat
The European Commission said Tuesday that it stands by European Union member states keeping digital taxes in place despite President Donald Trump's renewed threats to impose tariffs on countries with measures hitting the U.S. tech giants.
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August 25, 2025
Trump Admin Agrees To Release Frozen Education Funds
The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.
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August 25, 2025
Fla. ICE Official Warns Detention Center Closure Risks Safety
The field office director for U.S. Immigrations and Customs Enforcement in Miami urged a Florida federal court to keep a temporary detention center in the Everglades in operation, saying in a motion to pause an injunction that closing the facility will endanger the community.
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August 25, 2025
Fed. Court Can't Halt FDIC Enforcement Order, 5th Circ. Says
The Federal Deposit Insurance Corp. can move forward with in-house enforcement proceedings against a former bank CEO, the Fifth Circuit ruled Monday, finding that a Texas district court did not have jurisdiction to block the agency from issuing a final decision over the bank executive's constitutional claims.
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August 25, 2025
NC Justices Serve State 2 Blows In Bars' COVID Closure Suits
The North Carolina Supreme Court served bars dual victories in lawsuits against the state Friday, finding that the businesses had colorable claims under the state's constitution that COVID-19 closures violated their fundamental rights, thus permitting the cases to unfold in state trial court.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
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August 25, 2025
Washington Judge OKs Tenant Class Challenging Lease Terms
A Washington federal judge certified a class of Washington tenants accusing a landlord for more than 700 U.S. residential properties of having lease provisions, such as service fees, that violate state law.
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August 25, 2025
Healthcare Co. Investors Sue Over Contractor's Alleged Fraud
Healthcare facility management company Nutex Health Inc. has been hit with a proposed shareholder class action alleging it concealed that its third-party vendor HaloMD was engaged in a scheme to defraud insurance companies, and that the alleged fraud would impact Nutex's balance sheet and subsequently its share price.
Expert Analysis
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Why Bank Regulators' Proposed Leverage Tweak Matters
Banking agencies' recent proposal to modify the enhanced supplementary leverage ratio framework applicable to the largest U.S. banks shows the regulators are keen to address concerns that the regulatory capital framework is too restrictive, say attorneys at Moore & Van Allen.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.