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Public Policy
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August 21, 2025
GTCR Deal A 'Smokescreen' For Coatings Merger, FTC Says
GTCR BC Holdings LLC's $627 million bid to buy the nation's largest medical device coatings company is a blatant attempt to overwhelmingly dominate an already highly concentrated market, and the "smokescreen" of a partial divestiture shouldn't convince anyone otherwise, the Federal Trade Commission told an Illinois federal judge Thursday.
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August 21, 2025
Trump Urges DC Circ. Not To Review Its Foreign Aid Decision
The Trump administration is urging the D.C. Circuit to leave its panel's split decision that nonprofits can't force the government to release foreign aid in place, arguing that full en banc review is unnecessary and that private enforcement of the Impoundment Control Act would run afoul of the law.
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August 21, 2025
Texas AG Can't Question NGO Over Alleged Border Crossing Aid
A Texas appellate court shot down the state attorney general's request to take a presuit deposition from an aid organization that allegedly helped unauthorized immigrants cross the southern border, saying in a Thursday split decision the attorney general failed to show adequate evidence.
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August 21, 2025
CVS, Drugmakers Illegally Inflated Insulin Prices, City Claims
Drugmakers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, and others have been hit with civil racketeering and state unfair trade practices law claims by the city of Torrington, Connecticut, over an alleged scheme to inflate insulin prices.
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August 21, 2025
FCC Seeks Feedback On New Pole Attachment Deadlines
The Federal Communications Commission wants industry and interested parties to share what they think about a set of rule changes the agency has proposed to make pole attachment regulations less complicated and hopefully to speed up the deployment of broadband.
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August 21, 2025
9th Circ. Lets DHS End More Temporary Protections, For Now
A Ninth Circuit panel put on hold for now a district court ruling postponing the Trump administration's bid to end temporary protected status for 60,000 people from Nicaragua, Honduras and Nepal, but denied the government's bid to halt the lower court proceedings.
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August 21, 2025
Democratic Sen. Urges Trump Admin To Plan For Tariff Refunds
Senate Small Business Committee ranking member Edward J. Markey, D-Mass., sent a letter Thursday to agency leaders in President Donald Trump's administration requesting the government prepare a tariff refund plan in case federal courts strike down Trump's emergency tariffs.
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August 21, 2025
DOJ Gets Backing In Fight Over Public Benefits
A group that fights to restrict immigration into the U.S. is urging a Rhode Island federal court to let the Trump administration narrow noncitizens' access to programs like Head Start, homeless shelters and food banks, arguing Thursday that a coalition of 20 states is trying to obstruct immigration enforcement and give benefits to "illegal aliens."
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August 21, 2025
NHTSA Looking Into Tesla Crash Report Tardiness
Tesla Inc. must explain why many crashes involving its advanced driver-assistance systems or self-driving vehicles are not being timely reported to the National Highway Traffic Safety Administration, according to a notice filed by federal regulators who are now investigating the company's compliance.
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August 21, 2025
High Court Allows Trump Admin To Cancel $783M In NIH Grants
The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients.
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August 21, 2025
Minnesota Tax Court Cuts Abbott Labs Property Value By $7M
A property owned by Abbott Laboratories Inc. was overvalued, and its 2022 assessment should be reduced by about $7 million, the Minnesota Tax Court found.
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August 21, 2025
Connecticut, Feds Look To Settle 80-Acre Tribal Land Row
The state of Connecticut and the Department of the Interior have asked a judge to pause a case over the federal government's proposed acquisition of 80 acres of tribal land so that the matter can be sent to mediation.
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August 21, 2025
Mass. Sheriff Pleads Not Guilty To Pot Extortion Scheme
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins pled not guilty Thursday in a federal courtroom to charges that he used his position to obtain pre-IPO shares in a cannabis retailer, then a refund when the investment lost money.
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August 21, 2025
NJ Court Halts Tower Linked To Menendez Co-Conspirator
A New Jersey state court judge ordered a developer to halt construction on a mixed-use project formerly headed by a businessman convicted alongside former U.S. Sen. Robert Menendez, finding the buildings' height is "clearly exceeding" plans approved in 2018.
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August 21, 2025
EU, US Agree To Eliminate Industrial Tariffs
The European Union and the U.S. have agreed on new terms to the trade agreement to eliminate EU tariffs on U.S. industrial products and implement a 15% U.S. tariff cap for most other sectors, according to a joint statement issued Thursday.
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August 21, 2025
Texas High Court Takes Down Hurdle On Campaign Prosecutions
The Texas Court of Criminal Appeals has ruled that prosecutors do not need referrals from the Texas Ethics Commission to bring campaign misconduct charges, reversing its own recent decision that had thrown out a grand jury indictment against a former judicial candidate.
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August 21, 2025
HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts
The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.
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August 21, 2025
Treasury Gets New Acting International Tax Counsel
A deputy international tax counsel for the U.S. Department of the Treasury has been elevated to serve as acting counsel, he said in a post on LinkedIn.
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August 21, 2025
C-Band Payment Clearinghouse Officially Wound Down
The C-Band Relocation Payment Clearinghouse has officially ceased operations after the Federal Communications Commission agreed back in June that the clearinghouse had done what it was intended to do.
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August 21, 2025
Ga. Judge Says Gov. Hopeful's Cash Advantage Looks 'Unfair'
A Georgia federal judge gave little indication Thursday of whether she would halt the bottomless fundraising privileges of one of the frontrunners in the Peach State's Republican gubernatorial primary, but opined that the advantage appeared "unfair" to one of his top rivals, the state's current attorney general.
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August 21, 2025
Ill. AG 'Deputized' Firms To Go After Power Cos., Suit Says
Two retail power suppliers have asked a federal judge to block enforcement actions taken by Illinois Attorney General Kwame Raoul, claiming his office has unconstitutionally deputized plaintiffs law firms to pursue consumer fraud enforcement cases against the industry.
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August 21, 2025
FCC Seeks Feedback Before Ditching Truth-In-Billing Rules
The Federal Communications Commission is officially asking for opinions on whether the agency's slamming and truth-in-billing rules are outdated and, if so, where they should be cut, after voting earlier this month to propose eliminating some of them.
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August 21, 2025
Judge Finds Habba Unlawfully Serving As NJ's US Atty
Alina Habba, President Donald Trump's former personal attorney and his pick to remain the U.S. attorney for the District of New Jersey, was unlawfully given an extension of her temporary post after her "interim" appointment expired, a Pennsylvania federal judge ruled Thursday.
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August 21, 2025
EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request
The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."
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August 21, 2025
Trump To Get Texas Vacancy With Judge Taking Senior Status
U.S. District Judge David Godbey of the Northern District of Texas, who was at the center of a debate on judge shopping last year, will take senior status on Sept. 17, according to an update posted on the federal judiciary's website on Thursday.
Expert Analysis
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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.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.