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Public Policy
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August 13, 2025
Media Matters Judge 'Troubled' By FTC Subpoena Args
A D.C. federal judge reacted with incredulity Wednesday to Federal Trade Commission arguments that Media Matters can't challenge a subpoena unless the agency itself sues to enforce it, adding during a hearing that the FTC can't ignore its current leadership's recent history of targeting progressives.
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August 13, 2025
Settlement Win Protects In-Home Care For 280,000 NYers
The New York State Health Department has resolved a class action filed by a group of chronically ill Medicaid recipients who accused the state of violating their due process rights by failing to provide enough time to register their home care workers through a new system, attorneys said on Wednesday.
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August 13, 2025
Mich. Tribe Can't Get $1.5M In Legal Fees In Recognition Fight
A D.C. federal court judge on Wednesday denied a Michigan tribe's bid to recoup $1.5 million in legal fees from the U.S. Department of the Interior over the tribe's challenge to a federal recognition status denial, saying the motion is untimely because a decision to remand the dispute is final.
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August 13, 2025
Cloud Services Co. Asks FCC To Grant Numbering Access
OXIO Inc. is seeking to bring its cloud-based telecom services to the U.S. market, but needs the Federal Communications Commission to authorize the mobile numbers its customers would use.
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August 13, 2025
USPTO Officially Ends Expedited Exams For Design Patents
The U.S. Patent and Trademark Office will terminate a program that allowed for faster examinations of design patents, saying there had been a 560% increase in requests for expedited reviews as a result of fraudulent applications.
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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.
Expert Analysis
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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.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.