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Public Policy
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August 28, 2025
Red States Fight Youths' Effort To Stop Trump Energy Orders
Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.
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August 28, 2025
Trump Fires Democratic Member Of Rail Regulator
President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.
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August 28, 2025
Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence
As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that.
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August 28, 2025
Hartford Cops' Assault Response Reveals Bias, Court Told
The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.
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August 28, 2025
PBGC Must Reconsider Bakery Union's $132M Bailout Bid
The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.
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August 28, 2025
Hawaii Transient Tax Is Unconstitutional, Cruise Cos. Say
The extension of Hawaii's 11% transient accommodation tax to cruise ship passengers under a new law violates the U.S. Constitution, a group of cruise companies told a U.S. district court.
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August 28, 2025
UK Plastic Packaging Tax Revenue Dips As Exemptions Rise
The U.K. has collected slightly less revenue from its tax on plastic packaging over the past year as manufacturers have begun using more recycled materials to qualify for exemptions from the levy and imports have declined, HM Revenue & Customs said Thursday.
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August 28, 2025
First Chief PTAB Judge Remembered As Industrious Leader
Colleagues and loved ones of James Donald Smith — the first chief judge of the Patent Trial and Appeal Board who died this spring — remembered him as a superb leader, talented violist and dear friend at a memorial service on Saturday that featured a reading of a letter from former President Barack Obama.
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August 28, 2025
Australia Aims To Cut 500 Nuisance Tariffs
The Australian government wants to eliminate around 500 of what are known as nuisance tariffs on goods like televisions, air conditioners, tires, glassware and various foods, expecting to save businesses AU$127 million ($83 million) annually in compliance costs, the Treasury said Thursday.
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August 28, 2025
Ga. AG Loses Bid To Block Rival's No-Limit Fundraising
A Georgia federal judge Thursday threw out a lawsuit aiming to block the state's lieutenant governor from raising unlimited money in his quest for the governorship, ruling that his Republican rival, Georgia's attorney general, lacked standing to "level the unequal playing field complained of."
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August 28, 2025
SC Ends Sandoz, Novartis Price-Fixing Claims For $2.4M
A Connecticut federal judge on Thursday approved South Carolina's request to dismiss its generic drug price-fixing claims from three multistate lawsuits against Sandoz Inc., Sandoz AG, Novartis AG and Fougera Pharmaceuticals Inc., four months after the parties filed a notice of settlement.
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August 28, 2025
Low Earth Co. Urges FCC To Open Spectrum For Satellite Use
Logos Space, a new low Earth orbit network, urged the Federal Communications Commission to move forward with a proposal to open spectrum bands up for more extensive satellite usage.
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August 28, 2025
Judge OKs Deal With Mich. To Boost Kids' Mental Healthcare
The state of Michigan has agreed to systemic reforms to increase access to mental health services available to Medicaid-eligible children and youth under a settlement approved by a federal judge Wednesday.
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August 28, 2025
Federal Reserve Gov. Lisa Cook Sues Trump To Block Firing
Federal Reserve Gov. Lisa Cook filed suit in federal court in Washington, D.C., on Thursday challenging President Donald Trump's "unprecedented and illegal attempt" to remove her from her position.
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August 27, 2025
HHS Says CDC Head Has Been Fired. She Says Otherwise.
Centers for Disease Control and Prevention director Susan Monarez said Wednesday that she's not resigning and also that she cannot be terminated except by the president himself, issuing a statement after CDC parent agency U.S. Department of Health and Human Services said she was "no longer director."
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August 27, 2025
India Tariff Hike Could Force Supply Chain Questions
An additional 25% tariff took effect Wednesday on most goods entering the U.S. from India, raising the total rate to 50% and forcing businesses to fathom whether supply chain changes are necessary if the trade relationship between the two countries is in jeopardy for the long term.
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August 27, 2025
DC Circ. Told Quick Removals For Parolees Rightly Blocked
The D.C. Circuit should not allow the Trump administration to "destroy" the promise that the federal government made to immigrant parolees during the Biden administration by subjecting them to expedited removal, an advocacy group told the appellate court.
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August 27, 2025
Citizens Say FinCEN's Real Estate Transfer Rule Unlawful
Two citizens asked a Texas federal judge to throw out FinCEN's rule requiring disclosure of residential real estate transfers to corporate entities and trusts even when no money changes hands, saying the rule runs afoul of the Constitution.
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August 27, 2025
US, Others Warn Of China-Backed Cyber Threats To Networks
U.S. intelligence agencies and their international partners Wednesday put telecoms, transportation operators and other critical infrastructure providers on high alert about persistent efforts by Chinese state-sponsored hackers to gain long-term access to their essential networks worldwide.
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August 27, 2025
47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'
A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.
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August 27, 2025
Seattle Asks Court To Bar Feds From Yanking Grants Over DEI
The city of Seattle has urged a federal court to block the Trump administration from enforcing two executive orders that condition federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," saying the conditions are unconstitutional and jeopardize several of the city's critical public services.
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August 27, 2025
Tribe Wins Limited Approval Of Bid To Intervene In Casino Suit
A California federal judge said the Koi Nation may intervene in the state's lawsuit over a U.S. government plan to put land into trust for the tribe's proposed casino, but she also ruled it hasn't waived its sovereign immunity so it will not be joined to the litigation as an indispensable party.
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August 27, 2025
4th Circ. Upholds Va. County's 'Sensitive Places' Gun Bans
The Fourth Circuit on Wednesday upheld a Virginia county's ban on guns in public parks and left in place its ban near county-permitted events, leaning on U.S. Supreme Court dicta on school gun bans and ruling that plaintiffs hadn't shown enough to sustain their facial challenge to the restrictions.
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August 27, 2025
DHS Aims To Limit Visa Duration For Foreign Students, Press
The U.S. Department of Homeland Security said Wednesday it intends to change the terms of F, J and I visas for foreign students, exchange visitors and members of the foreign press, respectively, scrapping open-ended admissions in favor of fixed stays.
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August 27, 2025
Crypto Orgs. Won't Back Bill Without Developer Protections
A coalition of 112 crypto industry groups and firms came together in a Wednesday letter to tell federal lawmakers that they will not back a bill to regulate crypto markets without "explicit" protections for software developers and service providers of decentralized projects.
Expert Analysis
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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.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.