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Public Policy
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August 13, 2025
2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing
The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.
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August 13, 2025
NJ US Atty Defends Status, Says She Is 'Validly Serving'
Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."
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August 13, 2025
Kellogg's Will Nix Artificial Cereal Dyes, Texas AG Says
WK Kellogg Co. has agreed to stop using artificial food coloring in its cereals within the next couple of years, the Texas Attorney General's Office announced Wednesday.
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August 13, 2025
NY Civil Rights Advocates Want ICE Holding Space Shut Down
New York City immigrant rights advocates are calling for the closure of what appears to be an unofficial detention center for noncitizens hosted in a federal building in Lower Manhattan following a federal court injunction Tuesday that ordered U.S. Immigration and Custom Enforcement to "meet baseline conditions" inside the facility.
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August 13, 2025
Convicted ComEd CEO Seeks Bond Pending 7th Circ. Appeal
Former Commonwealth Edison and Exelon Utilities CEO Anne Pramaggiore has requested to stay out of jail while she appeals her criminal conviction and two-year prison sentence, saying her case was "far from ordinary" and that bond would keep her from serving a substantial portion of her sentence unnecessarily if the Seventh Circuit finds in her favor.
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August 13, 2025
US Threatens Retaliation For 'Global Carbon Tax' On Shipping
The U.S. government has preemptively threatened to retaliate against countries that adopt a multilateral plan to shift the global shipping industry toward achieving net-zero greenhouse gas emissions, claiming it's "a global carbon tax" that would disfavor liquefied natural gas and biofuels.
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August 13, 2025
DC Circ. Won't Halt Noncitizen Registration Rule For Appeal
The D.C. Circuit denied a request by immigrant rights groups to halt a policy requiring noncitizens to register with the federal government or face prosecution, while denying the Trump administration's bid to dismiss the groups' appeal.
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August 13, 2025
Delaware Bill Seeks Separate Tax Rates For Property Types
Delaware would authorize school districts to set different tax rates for residential and nonresidential property under a bill introduced in the state House for consideration in a special legislative session.
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August 12, 2025
Mich. Judge Says Racism Pervades Ethics Probe Into Bike Row
A Michigan state judge facing allegations she escalated an interaction with a bike shop owner at a judicial conference and lied about the exchange urged a special master overseeing her case to dismiss the claims, while disciplinary counsel said the judge must be held accountable for her "abuse of authority."
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August 12, 2025
Loper Bright Neutered In 6th Circ., Tenn. Tells Supreme Court
There is "growing confusion among the circuits" regarding the U.S. Supreme Court's rejection of judicial deference to regulators, as evidenced by a Sixth Circuit ruling that negates much of the high court's Loper Bright ruling, Tennessee told the justices in a new petition.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Feds Appeal Expedited Removal Pause At DC Circ.
The Trump administration has appealed a D.C. federal judge's order pausing the U.S. Department of Homeland Security's ability to subject noncitizens who were paroled into the country to expedited removal proceedings.
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August 12, 2025
Tribes, Enviros Want In On Chuckwalla Monument Fight
Environmental groups and five Native American tribes are asking a Michigan federal court to intervene in a challenge by a miner and the BlueRibbon Coalition to the establishment of the Chuckwalla National Monument, saying it's unclear if the federal government still shares their interests in its protection.
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August 12, 2025
Justices Urged To Maintain Limits On Calif. Immigration Stops
Immigration rights groups and individuals challenging recent federal immigration operations in Los Angeles urged the U.S. Supreme Court not to pause an order that temporarily prohibits the government from conducting indiscriminate immigration stops, saying the order bars only what is unlawful.
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August 12, 2025
Trump Wants To 'Strike Fear' With Troops In Calif., Judge Told
A lawyer for California argued during a San Francisco bench trial Tuesday that President Donald Trump's military deployment in the state is unlawful and aims to "strike fear into the hearts" of residents, while a Justice Department lawyer said the soldiers stayed within legal boundaries by not carrying out law enforcement activities.
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August 12, 2025
DC Circ. Rules Pole-Camera Footage Doesn't Require Warrant
The D.C. Circuit on Tuesday ruled that pole-mounted surveillance cameras installed by police can be accessed without a warrant by law enforcement, and upheld the conviction of a man on federal drug and firearms charges as a result of the camera footage.
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August 12, 2025
Vape Interests Defend Suit Against NC E-Cigarette Law
A group of vaping industry interests are fighting to keep alive their federal lawsuit that seeks to stop North Carolina's ban on many types of e-cigarettes, saying the state is interfering with the federal government's intentional approach to regulating the industry.
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August 12, 2025
Docs Take NJ Telemedicine Restrictions Fight To 3rd Circ.
A group of doctors and patients have appealed the dismissal of their challenge to a New Jersey law that says out-of-state doctors can't practice telemedicine with Garden State patients unless they're licensed there, telling the Third Circuit that the rule deprives people of potentially life-saving consultation.
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August 12, 2025
DC Circ. Sides With DOJ On Ga. Voting Law Doc Disclosure
A D.C. Circuit panel on Tuesday largely reversed a trial court's holding that the U.S. Department of Justice must disclose most communications with private co-litigants in lawsuits challenging a controversial Georgia voting law, finding the communications qualify as exempt "intra-agency" communications under the Freedom of Information Act.
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August 12, 2025
CenturyLink Can't Duck $1.3M Wash. 911 Outage Fine
CenturyLink isn't going to be able to get out from under a $1.3 million penalty that Washington state slapped the telecom with after an outage in 2018 left people across the entire state unable to call 911 for two days, a state appeals court ruled.
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August 12, 2025
DOJ Asks Judge To Block Ill. E-Verify Restrictions
The U.S. Department of Justice urged an Illinois federal judge on Tuesday to block provisions of a recent state law restricting the use of electronic employment verification systems on prospective hires, saying Illinois is unlawfully trying to regulate a federal government procedure.
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August 12, 2025
Bank Groups Call For Closing Stablecoin Law's 'Loopholes'
The American Bankers Association and more than 50 state counterparts on Tuesday urged Senate lawmakers to close several "loopholes" in a recently enacted federal law to regulate stablecoins with recommended additions to a separate proposal to regulate crypto markets.
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August 12, 2025
Terraform Founder Cops To $40B Crypto Fraud Scheme
The founder and former CEO of Terraform Labs on Tuesday admitted to perpetrating a multibillion-dollar fraud by deceiving investors about its decentralized finance-based ecosystem of crypto products, a scheme that wiped out $40 billion in market value when it collapsed.
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August 12, 2025
Delta, Aeromexico Defend Partnership From Antitrust Scrutiny
Delta and Aeromexico are pushing back against the federal government's move to strip their joint venture of its antitrust immunity, saying the move would only punish Delta and American consumers, not the Mexican government for restricting access to Mexico City International Airport.
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August 12, 2025
9th Circ. Doubts Contractor Stance On ICE Facility Access
A Ninth Circuit judge appeared skeptical on Tuesday of government contractor GEO Group's stance on federal authorities' role in denying Washington health inspectors access to an immigrant detention facility, while also suggesting the company had "potentially" raised a defense sufficient to keep an underlying dispute in federal court.
Expert Analysis
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Harmonized Int'l Framework May Boost Advanced Aircraft
International differences in the certification process for advanced air mobility aircraft make the current framework insufficient — but U.S. Secretary of Transportation Sean Duffy's recent announcement of a standards harmonization effort may help promote these innovative aviation technologies, while maintaining safety, say attorneys at Morgan Lewis.
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Capital One Deal Approval Lights Up Path For Bank M&A
The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Opinion
State Bars Must Probe Misconduct Claims, Even If It's The AG
The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.
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New FCPA Guidance Creates 5 Compliance Imperatives
In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.
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How Justices' Ruling Limits Options To Challenge DHS Orders
In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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SEC Proposal Could Hurt Foreign Issuers' US Market Access
The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Federal Regs Order May Spell Harsher FDCA Enforcement
A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.