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Public Policy
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August 05, 2025
Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint
The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.
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August 05, 2025
Utah Judge Blocks 'Bad Faith' Prosecution Of Psilocybin Church
A Utah federal judge has blocked a state court prosecution of the leader of a church that uses psilocybin in its sacrament, finding the prosecution was initiated in bad faith to harass the church and its members following a ruling against the state in the federal case.
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August 05, 2025
Korean War Vet's Widow Sues Feds For Wrongful Death
The widow of a Korean War veteran has sued the federal government, alleging that staff at Georgia's Carl Vinson VA Medical Center caused her husband's death by failing to care for him properly while he was a patient at its community living center.
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August 05, 2025
Meet FDA Chief Counsel Sean Keveney
The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions
A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
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August 05, 2025
ICE Temporarily Barred From Deporting Phoenix Mother
An Arizona federal judge temporarily barred the Trump administration from deporting a 38-year-old Phoenix woman who is a mother of three U.S. citizen children after immigration officials put her in expedited removal proceedings under a purported new policy, despite her claim of living in the U.S. for 30 years.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Ex-Officer Says LAPD Withheld Info In Military Leave Bias Suit
A former Los Angeles Police Department officer claiming he was passed over for a promotion because of his military status said he has not received the records he requested containing information about similarly situated employees.
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August 05, 2025
Property Co. Backs Calif. Tribe In $700M Casino Row
A property owner has urged a D.C. federal judge in an amicus brief to grant the Scotts Valley Band of Pomo Indians' quick win bid in the tribe's suit accusing the federal government of wrongfully blocking the tribe's $700 million casino project in Vallejo, California.
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August 05, 2025
NY Loses Bid To Move Climate Superfund Suit Upstate
The federal government's lawsuit challenging New York's climate change Superfund law will proceed in the New York City court where it was filed, rather than in a judicial district closer to the state capitol as the state had requested, a judge said.
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August 05, 2025
Fla. Biz Won't Sell Knockoff Weight Loss Drugs After AG Deal
A string of Florida companies and their owner have agreed to stop selling what Connecticut authorities called "bootleg" GLP-1 weight loss drugs nationwide and enter into a $300,000 settlement, records in a consumer protection enforcement action show.
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August 05, 2025
Swiss President Hustles To DC To Address 39% Tariff
Swiss President Karin Keller-Sutter traveled Tuesday to Washington, D.C., for trade talks with the White House after Switzerland was hit with a 39% tariff on exports to the United States.
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August 05, 2025
Approach The Bench: Justice Wecht On Judicial Campaigns
If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.
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August 05, 2025
Medicaid Cuts May Worsen Incarceration-Linked Death Risks
A new public health investigation reveals an association between incarceration and elevated risk of early death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.
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August 04, 2025
Michigan Tribe Joins State Cannabis Market
Michigan has signed its first tribal-state compact with the Bay Mills Indian Community, which will give the federally recognized tribe the ability to sell cannabis goods within the state's borders.
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August 04, 2025
FCC Told States, Cities To Blame For Broadband Delays
A trade association representing the global broadband industry told the Federal Communications Commission that state and local practice vary widely when it comes to broadband permitting, with some approvals taking more than a year and fees and bureaucratic delays being a frequent issue.
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August 04, 2025
Kalshi Incurs 1st Loss In Quest To Avoid State Scrutiny
A Maryland federal judge won't bar the state's gaming regulators from taking action over Kalshi's sports event contracts for the time being, finding the trading platform hasn't shown that Congress specifically intended to preempt state gambling laws when it passed federal derivatives regulation.
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August 04, 2025
CIA Officers Press 4th Circ. To Uphold Bar On DEIA Firings
A group of intelligence officers urged the Fourth Circuit on Friday to affirm a federal judge's order blocking the Trump administration from terminating them for their involvement with diversity, equity, inclusion and accessibility-related assignments in the CIA and Office of the Director of National Intelligence.
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August 04, 2025
California Egg Farmers Join Defense Of Animal Welfare Laws
The Association of California Egg Farmers and several animal rights groups seek to join the Golden State's defense of animal welfare laws being challenged by the federal government.
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August 04, 2025
5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap
A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.
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August 04, 2025
UT Austin Denies Threatening Prof Who Criticized Leaders
The University of Texas at Austin denied threatening a professor who publicly criticized its leadership, telling the Fifth Circuit that its employee has remained on staff three years after his speech was allegedly chilled and "refuses to take 'yes' for an answer."
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August 04, 2025
DOJ Investigates FlixBus, Greyhound Over ADA Complaints
Greyhound and Flixbus are being investigated by the U.S. Department of Justice over allegations that they are discriminating against riders with disabilities by denying them reasonable accommodations, including failing to properly maintain lifts on buses, not helping riders use the lifts and refusing to allow service animals to be with riders.
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August 04, 2025
Frontier, Verizon To Invest $8M In Rural Arizona Broadband Fix
Arizona is waiting for its corporation commission to green-light a settlement with Frontier and Verizon that includes an $8 million investment from the telecommunications companies to expand and enhance rural broadband in Navajo and Apache counties.
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August 04, 2025
Top Groups Lobbying The FCC
Lobbying heated up in July as the Federal Communications Commission heard from advocates close to 200 times on issues ranging from spectrum deals to regulatory cuts, spacecraft licensing, undersea cable security, broadband deployment hurdles and more.
Expert Analysis
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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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.