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Public Policy
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August 25, 2025
Healthcare Co. Investors Sue Over Contractor's Alleged Fraud
Healthcare facility management company Nutex Health Inc. has been hit with a proposed shareholder class action alleging it concealed that its third-party vendor HaloMD was engaged in a scheme to defraud insurance companies, and that the alleged fraud would impact Nutex's balance sheet and subsequently its share price.
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August 25, 2025
Trump Plans To Withdraw Federal Funding Over Cashless Bail
President Donald Trump said Monday that he would suspend or terminate federal funds provided to any jurisdictions that have adopted cashless bail policies, calling the reforms a "failed experiment" that allow repeat criminals to "mock our justice system."
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August 25, 2025
Unions Urge 9th Circ. To Uphold Order Halting Bargaining EO
The American Federation of Government Employees and other unions defended a lower court injunction halting several federal agencies from enforcing an executive order focused on eliminating labor contracts covering agencies that have "national security" aims, arguing the president's directive was retaliatory.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
Trump Fires Fed's Lisa Cook Over Mortgage Fraud Allegation
President Donald Trump on Monday evening fired Federal Reserve Gov. Lisa Cook over his administration's allegation that she committed mortgage fraud, thrusting the White House into uncharted territory in its campaign to exert control over the central bank.
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August 25, 2025
Trump Expands Use Of National Guard Post-DC Deployment
President Donald Trump issued an executive order Monday directing federal officials to create new "specialized" units to enforce federal laws in D.C. and other cities nationwide, including a "quick reaction force" within the D.C. National Guard, as well as hire more prosecutors and take other measures, following his recent deployment of the National Guard in the district.
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August 25, 2025
Ticket Resellers Flag Case Challenging FTC's Bots Probe
Ticket brokers accused by the Federal Trade Commission of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, including for the Taylor Swift Eras Tour, have a previously pending case that seeks to block the agency's enforcement action.
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August 25, 2025
Stewart Overrules 3 PTAB Discretion Decisions On Dir. Review
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart freed WSOU Investments and Nutanix from challenges where the Patent Trial and Appeal Board had already instituted review, but then revived an inter partes review Nike had originally dodged.
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August 25, 2025
Wash. Judge Clears Feds In Navy Vet's VA Negligence Suit
A Washington federal judge said Monday that the federal government is not liable for medical malpractice in a U.S. Navy veteran's case blaming a U.S. Department of Veterans Affairs psychiatrist for her December 2011 psychotic episode that turned violent, finding the doctor made no missteps when treating her in the weeks before the incident.
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August 25, 2025
Texas Stock Exchange Wants In On Proxy Advisory Lawsuit
The Texas Stock Exchange and Texas Association of Business have moved to intervene in two lawsuits that proxy advisory firms have filed against Texas Attorney General Ken Paxton over a state law restricting the firms, aiming to back up the law known as Senate Bill 2337.
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August 25, 2025
Pa. Worker Who Quit After Public Insults Can Get Benefits
A Pennsylvania township supervisor's verbal abuse of an employee and her husband at an open meeting was harsh enough that the employee's resignation did not disqualify her from getting state unemployment benefits, a split Pennsylvania Commonwealth Court panel has ruled.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
Fired CTA Worker Faced Bias Over Vax Refusal, Jury Told
A former Chicago Transit Authority electrician was unlawfully fired from his job after he refused to take the COVID-19 vaccine due to his Catholic faith, even if he also had medical and scientific concerns with the shot, an Illinois federal jury heard on Monday.
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August 25, 2025
Judge Presses Gov't On Aid Plan As Sept. 30 Deadline Looms
Attorneys for foreign aid nonprofits called for the Trump administration to detail exactly how it plans to distribute aid funding under a D.C. federal judge's injunction Monday, saying the government had been dragging its feet to comply with the February order as a Sept. 30 fiscal year deadline looms.
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August 25, 2025
Kari Lake Ordered Deposed In Voice Of America Closure Row
A Washington, D.C., federal judge flirted Monday with finding U.S. Agency for Global Media acting CEO Kari Lake in contempt of an order blocking what workers allege is the dismantling of broadcasting service Voice of America, but instead ordered her and other officials to sit for expedited depositions.
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August 25, 2025
More Than 1,200 Telcoms Booted From Phone Networks
More than 1,200 voice service providers have been blocked from U.S. phone networks after "shirking" their obligations to use a database that tracks unwanted call traffic, the federal government said Monday.
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August 25, 2025
5th Circ. Nixes SEC's Biden-Era Short-Selling Rules
The Fifth Circuit on Monday remanded a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market, ruling that the U.S. Securities and Exchange Commission had failed to consider the economic impact of adopting both rules at once.
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August 25, 2025
Economists Say FCC Copper Line Phaseout Needed
Several outside economists told the Federal Communications Commission that its plan to phase out legacy copper telecommunications lines represents a rare chance to modernize FCC rules and should rank as a top priority.
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August 25, 2025
Mich. Judge Backs 125% Recovery In Tax Foreclosure Deal
A Michigan federal judge has given the initial approval to a settlement between a proposed class of former property owners and two counties over allegations that the counties unlawfully kept surplus proceeds from the sales of their tax-foreclosed properties, a deal similar to one the same judge OK'd last week.
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August 25, 2025
CFPB Plans To Limit Nonbank Supervision With Rule Proposal
The Consumer Financial Protection Bureau plans to propose a rule that would rein in the use of the agency's power to designate individual nonbanks for supervision, according to a notice of rulemaking scheduled to publish in the Federal Register on Tuesday.
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August 25, 2025
DOD Limits Awards For Cos. Consulting For Foreign Enitities
The U.S. Department of Defense finalized a rule Monday barring companies that provide consulting services to certain foreign entities from securing contracts for management, scientific and technical consulting services, unless they have a conflict-of-interest mitigation plan.
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August 25, 2025
Alaska Looks To Reopen Tribal Gaming Lease Dispute
Alaska is asking a D.C. federal court to reopen a dispute that rejected an Indigenous tribe's bid to secure the right to open a bingo hall, alleging that the tribe is now claiming governmental powers over the land and treating it as Indian Country under the Indian Gaming Regulatory Act.
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August 25, 2025
Epic's 9th Circ. Case Against Apple Draws Amicus Support
Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.
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August 25, 2025
Battle Over NJ US Atty Appointment Lands In 3rd Circ.
The U.S. Department of Justice said Monday it will appeal a Pennsylvania federal judge's ruling that interim U.S. Attorney Alina Habba is not lawfully serving as New Jersey's top federal prosecutor.
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August 25, 2025
Wyden Urges Independent Review Of Courts' Cybersecurity
U.S. Sen. Ron Wyden, D-Ore., a cybersecurity hawk, urged Chief Justice John Roberts on Monday to commission an independent study of the federal judiciary's cybersecurity practices in light of two significant hacks in the last five years.
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.