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Public Policy
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Judge Can't Become Public Defender After Not Practicing Law
A California state appellate panel has ruled that a sitting superior court judge is ineligible to serve as public defender because he had not been a practicing attorney in the state's courts for the year before he sought the appointment.
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August 22, 2025
Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms
An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.
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August 22, 2025
Taxation With Representation: Kirkland, Weil, Fried Frank
In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.
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August 22, 2025
DOJ Expands Expedited Docket For Families Facing Removal
The Executive Office for Immigration Review is expanding a program the Biden administration rolled out in 2021 to fast-track removal proceedings for families facing removal, directing immigration courts nationwide to place more cases on the so-called dedicated docket.
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August 22, 2025
DC Circ. Rejects NM Ranchers' Bird Protection Challenge
The D.C. Circuit on Friday rejected New Mexico ranchers' challenge to the federal government's decision to preserve Endangered Species Act protections for a small, migratory songbird.
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August 22, 2025
PE Industry Primed To Capitalize On Trump 401(k) Order
The Trump administration recently said it would reduce regulatory obstacles to retirement plans investing in alternative assets such as private equity, and while attorneys cautioned it could carry risks, they generally applauded the move towards "democratizing capital."
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August 22, 2025
IRS Guidance Sparks Mixed Reaction For Solar, Wind Projects
The IRS recently narrowed the way large solar and wind energy development projects can set their construction start dates to qualify for certain tax credits, a change offering relief for some developers but new hurdles for others depending on the stage, type and size of the project.
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August 22, 2025
9th Circ. Tosses Wash. City's Win In Military Leave Suit
A Ninth Circuit panel threw out a Washington federal judge's ruling that a City of Ocean Shores firefighter was not entitled to pay for military leave after the state's top court decided otherwise.
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August 22, 2025
BBK Taps Gov't Affairs Director From Interior Leadership
Best Best & Krieger LLP has hired a U.S. Department of the Interior leader who helped advance drought resilience plans and advise the agency's secretary on water and science policy as the new director of its government affairs group, the firm announced.
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August 22, 2025
Fla. Appeals Order To Wind Down Detention Center Operations
A Florida official filed notice late Thursday that the state will appeal a federal judge's ruling ordering the government to begin winding down operations at the Everglades immigration detention center after finding the plaintiffs challenging it are likely to prevail on their environmental claims.
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August 21, 2025
Fla. Judge Orders Wind Down Of Everglades Detention Center
A Florida federal judge Thursday ordered the government to stop bringing new detainees to the Everglades immigration detention center dubbed "Alligator Alcatraz" and to begin winding down operations after finding the plaintiffs challenging the center are likely to prevail on their environmental claims.
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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.
Expert Analysis
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.