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Public Policy
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August 19, 2025
CFPB Ends 'Biased' Investigation Of Gun-Financing Fintech
Credova, a fintech firm specializing in buy-now, pay-later financing for firearms and outdoor recreational goods purchases, is no longer facing what the Consumer Financial Protection Bureau now says was a "politically motivated" investigation on its part, the firm's parent company announced Tuesday.
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August 19, 2025
Advocacy Groups Ask Judge To Stall Texas Redistricting Plan
Multiple voting rights advocacy organizations asked a Texas federal judge to hear their case for a court order aimed at stalling the Texas Legislature's controversial redistricting plan, saying the proposed plan blatantly violates the U.S. Constitution.
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August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint
The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
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August 19, 2025
Capitol Hill Aides See NTIA Renewal As Crucial This Year
Congress will make it a priority to reauthorize the federal spectrum management agency this year, aides to key lawmakers on telecom issues said Tuesday.
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August 19, 2025
9th Circ. Sides With Wash. In Immigration Detention Law Case
A Ninth Circuit panel has overturned an injunction blocking a Washington state law calling for new health and safety standards at the state's privately run immigration detention center, saying Tuesday the lower court wrongly compared the facility to a prison when ruling in favor of its for-profit operator, GEO Group Inc.
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August 19, 2025
USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe
The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.
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August 19, 2025
USCIS To Vet Immigration Benefit Bids For 'Anti-Americanism'
The Trump administration said Tuesday immigration officers will consider "anti-Americanism" when deciding to grant certain immigration benefit requests, like adjustment of status, saying in a new policy alert that supporting antisemitic ideologies will be an "overwhelmingly negative factor."
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August 19, 2025
FDIC Seeks To Pare Down Biden-Era Digital Signage Rule
The Federal Deposit Insurance Corp. moved Tuesday to relax its Biden-era digital signage rule, issuing a proposed revamp that it said is aimed at addressing bank concerns about "implementation issues" arising from the new logo and disclosure requirements.
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August 19, 2025
Robinhood Sues NJ, Nevada Over Blocked Sports Contracts
A Robinhood subsidiary sued the states of New Jersey and Nevada on Tuesday in an effort to ward off a potential enforcement action as it has begun allowing users to trade on the outcome of sports games despite the states' warnings not to do so.
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August 19, 2025
Tufts Student Says Feds Can't Dodge Detention Oversight
Turkish student Rümeysa Öztürk, who the Trump administration arrested after she co-wrote a pro-Palestinian column in her university's newspaper, told the Second Circuit on Monday that the government's position that she can't challenge her detention via habeas proceedings is unconstitutional.
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August 19, 2025
Wyoming Launches First State-Issued Stablecoin
Wyoming on Tuesday became the first U.S. state to issue its own stable-value token, with public purchasing soon to come.
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
West Texas A&M Can't Ban Drag Shows, 5th Circ. Says
A split Fifth Circuit has reversed a decision that allowed West Texas A&M University to ban drag shows on its campus, writing that art does not need to be like "works of Picasso, Schöenberg, and Carroll" to be protected by the First Amendment.
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August 19, 2025
FCC Democrat Poised To Sue If Trump Seeks Her Removal
The Federal Communications Commission's lone Democratic member said this week it would be unlawful for President Donald Trump to attempt to remove her from office and that she's willing to go to court if he tries.
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August 19, 2025
Trump Energy Orders Suit Must Be Sustained, Youths Say
Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.
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August 19, 2025
Bribery Case Against Rep. Cuellar And His Wife Trimmed
A federal judge agreed Tuesday to drop two counts from a bribery indictment against U.S. Rep. Henry Cuellar, D-Texas, and his wife, but said dropping the counts did not warrant dismissal of the entire indictment.
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August 19, 2025
FCC Expected To Move Soon On Media Ownership Regs
Republican leaders on the Federal Communications Commission said the agency is likely to soon float rules that would revamp media ownership restrictions.
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August 19, 2025
Live Nation Customers Seek Antitrust Class Certification
Consumers accusing Live Nation of monopolizing the live entertainment industry are asking to certify a class in California federal court covering millions of concertgoers who have allegedly been overcharged for tickets since the concert promotion giant's 2010 merger with Ticketmaster.
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August 19, 2025
2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row
The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.
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August 19, 2025
Ute Tribe Says 1880 Act Proves Land Ownership Claim
The Ute Indian Tribe asked the D.C. Circuit on Tuesday to reverse a lower court decision refusing to hand over ownership of federally managed land, saying a law dating back to 1880 required the U.S. executive branch to "set apart" lands for a new reservation.
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August 19, 2025
Ex-Copyright Chief Says Trump Overstepped Role In Firing Her
The fired leader of the U.S. Copyright Office urged the D.C. Circuit to reject the Trump administration's arguments that her dismissal was lawful, asking the appeals court on Tuesday to return her to her job before Congress returns from recess Sept. 2.
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August 19, 2025
Booking Holdings Settles Texas Junk Fee Suit For $9.5M
The parent company of popular hotel booking sites Booking.com and Kayak will pay $9.5 million to settle claims that it misled customers through rampant use of junk fees, the Texas Office of the Attorney General announced Tuesday.
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August 19, 2025
SpaceX Rebuffs Effort To Revisit Space Launch Rules
SpaceX has accused a flight test coordinator, whose members include the nation's biggest aerospace companies and defense contractors, of "gamesmanship" in a new Federal Communications Commission filing, alleging the group has closed off frequencies for launch operators in retaliation for pushback to their proposal for stricter space launch coordination requirements.
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August 19, 2025
4th Circ. Revives Habeas Bid Over Attorney-Client Evidence
The Fourth Circuit has ordered a lower court to conclusively determine whether a Maryland woman's rights were violated after prosecutors retried her for murder using information they gathered from her successful ineffective assistance of counsel motion during the first trial.
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August 19, 2025
CMS Defeats 'Hair's Breadth' Star Rating Challenge
Insurance companies challenging the "star" system for rating Medicare Advantage organizations have lost another round in court, with a Texas federal judge saying Elevance Health failed to show federal officials violated the law when rounding down scores.
Expert Analysis
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
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Cos. Face Convergence Of Anti-Terrorism Act, FCPA Risks
Recent moves by the U.S. Department of Justice to classify cartels and transnational criminal organizations as terrorist groups, and to use a range of statutes including the Foreign Corrupt Practices Act to pursue these types of targets, mean that companies operating in certain jurisdictions are now subject to overlapping exposure, say attorneys at Miller & Chevalier.
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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Biotech Collaborations Can Ease Uncertainty Amid FDA Shift
As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.