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Public Policy
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August 26, 2025
Hemp Interests Say Conn. Policy Inconsistent With Federal Law
A group of Connecticut hemp farmers and product manufacturers alleged in a federal lawsuit Tuesday that the state's crackdown on hemp products is incompatible with the federal law that legalized it.
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August 26, 2025
FCC Ordered To Turn Over More DOGE Docs
A D.C. federal judge ruled Tuesday the Federal Communications Commission must produce more documents related to its communications with Elon Musk's government-slashing Department of Government Efficiency.
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August 26, 2025
Artist Seeking Copyright Of AI Image Equates Use To Cameras
A Colorado man who used artificial intelligence to create an image that won an art award at a state fair told a federal judge that he should be allowed to copyright the image just as those who used technology such as cameras and cellphones had been allowed to copyright their works.
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August 26, 2025
Atty In Voting Machine Case Tries To Delay Discipline Hearing
Michigan lawyer Matthew DePerno, who is facing felony charges accusing him of illegally accessing voting machines after the 2020 election, urged an attorney disciplinary panel on Monday to push back his September misconduct hearing, claiming he is having trouble finding counsel to represent him.
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August 26, 2025
Christian Clinic Says Mich. Stance On Bias Law Still Unclear
The state of Michigan should be forced to clarify if it believes a Christian medical clinic's opposition to gender-affirming care and its pronoun policy is discriminatory under state civil rights law, the clinic told a Michigan federal judge.
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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.
Expert Analysis
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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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.