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Public Policy
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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.
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August 12, 2025
Daimler, Volvo Sue Calif. To Block Emission Regulations
Daimler, Volvo and other heavy-duty truck manufacturers sued California on Monday aiming to block the state from forcing them to comply with emission regulations, following moves by the Trump administration and Congress to revoke the state's authority to impose them.
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August 12, 2025
Pa. Marina Can't Cite 1849 Law To Reopen Railroad Crossing
A Pennsylvania federal judge on Tuesday rejected an attempt by the owner of a bar and marina south of Pittsburgh to claim an 1849 law in seeking to force railroad company CSX Transportation to reopen a rail crossing providing the only public access to the business.
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August 12, 2025
Biden Coastal Drilling Ban Fight Is Moot, Enviro Groups Say
Environmentalists say President Donald Trump's rescission of Biden-era memos closing off additional waters to oil and gas drilling moots a lawsuit brought by red states and industry groups that includes arguments that presidential withdrawal authority is unconstitutional or otherwise limited.
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August 12, 2025
Airbnb Wants Conservative Shareholder Proposal Suit Tossed
Airbnb has asked a Delaware federal court to toss a suit alleging the vacation rental company wrongfully excluded conservative shareholders' proposals from its 2025 proxy materials, arguing they haven't alleged anyone at the company knew about the proposals at all.
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August 12, 2025
Fla. Apartment, Worker Escape Airman's Wrongful Death Suit
A Florida federal judge dismissed a lawsuit over the police shooting death of a U.S. Air Force airman against an apartment complex and an employee who dialed 911, saying that the complaint "sends the wrong message to the public."
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August 12, 2025
Trump Admin Sued Again Over Parole Program's End
The Trump administration has been hit with another challenge to its April mass cancellation of humanitarian parole in a proposed class action brought on behalf of more than 900,000 people who used a government app to set up appointments for admission to the United States.
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August 12, 2025
Senate, House Bills Look To Curb Counterfeit Imports
A bipartisan group of lawmakers has introduced a bill in both chambers of Congress aiming to combat counterfeit and pirated imports by allowing customs agents to share suspected counterfeit packaging and shipping information with intellectual property holders, e-commerce companies and goods transporters.
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August 12, 2025
Calif. Fantasy Sports Losses Not Economic Injury, DraftKings Says
DraftKings has asked a California federal court to toss a lawsuit accusing the sportsbook of skirting state gambling laws, arguing the plaintiffs have failed to show they suffered a legitimate injury or that the company provided them goods and services.
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August 12, 2025
Amazon's 'Dark Patterns' Expert Nixed From FTC Prime Suit
Amazon.com Inc. is down a key expert witness after a Washington federal judge ruled that an engineering consultant has offered nothing but his expertise and experience to argue the Federal Trade Commission wrongly accuses the retail giant of using "dark patterns" to trick users into Prime subscriptions.
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August 12, 2025
4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies
A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.
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August 12, 2025
Groups Urge IRS To Resist Pressure To Share Taxpayer Info
Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.
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August 12, 2025
Trump Nominates 5 To Mississippi, Alabama Federal Courts
President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.
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August 12, 2025
NM School Board Sues Feds Over Native American Bias Probe
A New Mexico school board is suing the U.S. Equal Employment Opportunity Commission and acting Chair Andrea Lucas, arguing they overstepped their authority by lodging an "overly broad and vague" Native American discrimination charge and probe against it.
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August 12, 2025
Forge Ahead On Cellphone Hearing Aid Rules, FCC Told
Federal rules need to be updated as soon as possible to align with an upcoming standard for hearing aid compatibility with cellphones, advocates for consumers with hearing loss said.
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August 12, 2025
DOL Yanks 2021 Guidance On Private Equity 401(k) Risks
The U.S. Department of Labor's employee benefits arm on Tuesday rescinded guidance from 2021 that warned 401(k) plan managers about the risks of investing in private equity, which comes after an executive order last week that called for expanding access to alternative asset classes in defined-contribution retirement plan investing.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
FTC Skeptical Of 'Partial' Sale For GTCR Merger Fix
The Federal Trade Commission told an Illinois federal court that enforcers are reviewing an offer by private equity firm GTCR BC Holding to sell parts of a medical device coatings company in order to fix concerns raised by the company's planned purchase of Surmodics, but said a full sale is preferable.
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August 12, 2025
FCC Urged To Ramp Up Mobile High-Cost Support
The Federal Communications Commission needs to reform its mobile support rules for subsidizing carriers in largely rural areas, a wireless trade group told the agency.
Expert Analysis
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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.
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6 Questions We Should Ask About The Trump Trade Deals
Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.
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'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight
The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.