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Public Policy
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August 22, 2025
NY Localities, Officials Back Rochester In Sanctuary Fight
Dozens of cities and localities from around the country urged a New York federal judge to reject the Trump administration's challenge to Rochester's "sanctuary city" policies Thursday, accusing the feds of trying to "strong arm" local governments and arguing that the policies actually make the public safer.
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August 22, 2025
7th Circ. Backs TSA's Cybersecurity Rules For Railroads
The Seventh Circuit on Thursday rejected the challenge from a pair of railways to recent cybersecurity mandates from the Transportation Security Administration, saying the agency wasn't required to first take notice and comment and that it has "broad authority to identify cybersecurity threats and craft appropriate responses."
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August 22, 2025
Newsmax Says FCC Can't Ditch TV Ownership Cap
Right-wing media outlet Newsmax Media said the only thing the Federal Communications Commission will get if it removes the national television ownership cap "is a permanent injunction," as it "lacks authority and a compelling reason to change the rule."
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August 22, 2025
Trump Admin To Appeal Susman Godfrey Exec Order Ruling
The Trump administration announced Friday its intention to appeal a June ruling that struck down as unconstitutional an executive order targeting Susman Godfrey LLP, after the court said the order was issued in retaliation for its representation of clients and causes the president opposes.
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August 22, 2025
Trump Admin Pauses Visas For Commercial Truck Drivers
Truck drivers are the newest target of the Trump administration's escalating immigration crackdown, with the government announcing that it will not be issuing any more worker visas for commercial truck drivers.
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Judge Can't Become Public Defender After Not Practicing Law
A California state appellate panel has ruled that a sitting superior court judge is ineligible to serve as public defender because he had not been a practicing attorney in the state's courts for the year before he sought the appointment.
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August 22, 2025
Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms
An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.
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August 22, 2025
Taxation With Representation: Kirkland, Weil, Fried Frank
In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.
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August 22, 2025
DOJ Expands Expedited Docket For Families Facing Removal
The Executive Office for Immigration Review is expanding a program the Biden administration rolled out in 2021 to fast-track removal proceedings for families facing removal, directing immigration courts nationwide to place more cases on the so-called dedicated docket.
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August 22, 2025
DC Circ. Rejects NM Ranchers' Bird Protection Challenge
The D.C. Circuit on Friday rejected New Mexico ranchers' challenge to the federal government's decision to preserve Endangered Species Act protections for a small, migratory songbird.
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August 22, 2025
PE Industry Primed To Capitalize On Trump 401(k) Order
The Trump administration recently said it would reduce regulatory obstacles to retirement plans investing in alternative assets such as private equity, and while attorneys cautioned it could carry risks, they generally applauded the move towards "democratizing capital."
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August 22, 2025
IRS Guidance Sparks Mixed Reaction For Solar, Wind Projects
The IRS recently narrowed the way large solar and wind energy development projects can set their construction start dates to qualify for certain tax credits, a change offering relief for some developers but new hurdles for others depending on the stage, type and size of the project.
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August 22, 2025
9th Circ. Tosses Wash. City's Win In Military Leave Suit
A Ninth Circuit panel threw out a Washington federal judge's ruling that a City of Ocean Shores firefighter was not entitled to pay for military leave after the state's top court decided otherwise.
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August 22, 2025
BBK Taps Gov't Affairs Director From Interior Leadership
Best Best & Krieger LLP has hired a U.S. Department of the Interior leader who helped advance drought resilience plans and advise the agency's secretary on water and science policy as the new director of its government affairs group, the firm announced.
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August 22, 2025
Fla. Appeals Order To Wind Down Detention Center Operations
A Florida official filed notice late Thursday that the state will appeal a federal judge's ruling ordering the government to begin winding down operations at the Everglades immigration detention center after finding the plaintiffs challenging it are likely to prevail on their environmental claims.
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August 21, 2025
Fla. Judge Orders Wind Down Of Everglades Detention Center
A Florida federal judge Thursday ordered the government to stop bringing new detainees to the Everglades immigration detention center dubbed "Alligator Alcatraz" and to begin winding down operations after finding the plaintiffs challenging the center are likely to prevail on their environmental claims.
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August 21, 2025
9th Circ. Dissenters Rip Judge's 'Weaponization Of Sanctions'
A half-dozen Ninth Circuit judges Thursday denounced six-figure sanctions against attorneys for prominent politicians challenging Arizona election procedures, accusing a lower court of "twisting and contorting" allegations in order to punish lawyers "based on the nature of the complaint and the clients that they represented."
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August 21, 2025
FTC Warns Tech Cos. To Honor Data Vows In Foreign Dealings
The head of the Federal Trade Commission on Thursday cautioned Meta, Google, Apple, Amazon and other major tech companies to refrain from weakening data security protections or censoring content in response to pressure from foreign governments, reminding them that reneging on promises they make to U.S. consumers could land them in hot water with the agency.
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August 21, 2025
Pa. Court Revives Fired County Worker's Whistleblower Claim
A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.
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August 21, 2025
Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed
Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.
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August 21, 2025
Challenge To Fed. Layoffs A 'Fishing Expedition,' 9th Circ. Told
A federal government attorney told a Ninth Circuit panel Thursday that a group of unions, nonprofits and cities challenging President Donald Trump's massive layoffs of federal workers have no right to communications and documents showing what went into the layoff decisions, saying it's a "fishing expedition in search of a viable legal theory."
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August 21, 2025
SBA Proposes Increasing Small Business Size Thresholds
The Small Business Administration has proposed increasing the monetary thresholds for what it considers to be a small business across 263 industries, creating a larger pool of small businesses for federal agencies to secure services from.
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August 21, 2025
Appeals Court Says Dallas Must Release Discrimination Records
A Texas appeals court ruled Thursday that the city of Dallas has to turn over records on a federal housing discrimination investigation to The Dallas Morning News, saying the information was not exempt from public disclosure.
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August 21, 2025
Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.
The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.
Expert Analysis
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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.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.