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Public Policy
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August 28, 2025
End Of De Minimis Duty Breaks May Snag Supply Chains
As the duty exemption for low-value imports ends Friday in accordance with President Donald Trump's executive order, lawyers say they expect cost increases for importers and customers and administrative burdens that could snarl supply chains, especially for consumer goods.
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August 28, 2025
FTC Unpauses Administrative Case Over Insulin Prices
The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.
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August 28, 2025
Unions Urge Judgment Blocking DOGE's Agency Access
Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.
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August 28, 2025
EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs
The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.
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August 28, 2025
Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears
A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.
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August 28, 2025
Court Blocks Bid To Keep Everglades Detention Center Open
A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location.
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August 28, 2025
USPTO Offers Streamlined Patent, TM Assignment Search Tool
The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.
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August 28, 2025
Arkansas Court Dismisses Cherokee Casino License Claims
An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.
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August 28, 2025
AstraZeneca Challenges Colo. Law Over Drug Pricing Rules
Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.
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August 28, 2025
Tribal Members Seek 5th Circ. Redo In San Antonio Park Row
Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.
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August 28, 2025
Cannabis Biz Says Long Island Town Illicitly Blocked Opening
A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.
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August 28, 2025
Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks
U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.
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August 28, 2025
Wash. Sen. Opposes Full-Term Role For State's New US Atty
The newly installed interim U.S. attorney for the Eastern District of Washington at this juncture has not been nominated for the full-term role, but one of the state's Democratic senators is already vowing to prevent his confirmation.
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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.
Expert Analysis
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.