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Public Policy
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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.
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August 28, 2025
Judge OKs Deal With Mich. To Boost Kids' Mental Healthcare
The state of Michigan has agreed to systemic reforms to increase access to mental health services available to Medicaid-eligible children and youth under a settlement approved by a federal judge Wednesday.
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August 28, 2025
Federal Reserve Gov. Lisa Cook Sues Trump To Block Firing
Federal Reserve Gov. Lisa Cook filed suit in federal court in Washington, D.C., on Thursday challenging President Donald Trump's "unprecedented and illegal attempt" to remove her from her position.
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August 27, 2025
HHS Says CDC Head Has Been Fired. She Says Otherwise.
Centers for Disease Control and Prevention director Susan Monarez said Wednesday that she's not resigning and also that she cannot be terminated except by the president himself, issuing a statement after CDC parent agency U.S. Department of Health and Human Services said she was "no longer director."
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August 27, 2025
India Tariff Hike Could Force Supply Chain Questions
An additional 25% tariff took effect Wednesday on most goods entering the U.S. from India, raising the total rate to 50% and forcing businesses to fathom whether supply chain changes are necessary if the trade relationship between the two countries is in jeopardy for the long term.
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August 27, 2025
DC Circ. Told Quick Removals For Parolees Rightly Blocked
The D.C. Circuit should not allow the Trump administration to "destroy" the promise that the federal government made to immigrant parolees during the Biden administration by subjecting them to expedited removal, an advocacy group told the appellate court.
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August 27, 2025
Citizens Say FinCEN's Real Estate Transfer Rule Unlawful
Two citizens asked a Texas federal judge to throw out FinCEN's rule requiring disclosure of residential real estate transfers to corporate entities and trusts even when no money changes hands, saying the rule runs afoul of the Constitution.
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August 27, 2025
US, Others Warn Of China-Backed Cyber Threats To Networks
U.S. intelligence agencies and their international partners Wednesday put telecoms, transportation operators and other critical infrastructure providers on high alert about persistent efforts by Chinese state-sponsored hackers to gain long-term access to their essential networks worldwide.
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August 27, 2025
47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'
A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.
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August 27, 2025
Seattle Asks Court To Bar Feds From Yanking Grants Over DEI
The city of Seattle has urged a federal court to block the Trump administration from enforcing two executive orders that condition federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," saying the conditions are unconstitutional and jeopardize several of the city's critical public services.
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August 27, 2025
Tribe Wins Limited Approval Of Bid To Intervene In Casino Suit
A California federal judge said the Koi Nation may intervene in the state's lawsuit over a U.S. government plan to put land into trust for the tribe's proposed casino, but she also ruled it hasn't waived its sovereign immunity so it will not be joined to the litigation as an indispensable party.
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August 27, 2025
4th Circ. Upholds Va. County's 'Sensitive Places' Gun Bans
The Fourth Circuit on Wednesday upheld a Virginia county's ban on guns in public parks and left in place its ban near county-permitted events, leaning on U.S. Supreme Court dicta on school gun bans and ruling that plaintiffs hadn't shown enough to sustain their facial challenge to the restrictions.
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August 27, 2025
DHS Aims To Limit Visa Duration For Foreign Students, Press
The U.S. Department of Homeland Security said Wednesday it intends to change the terms of F, J and I visas for foreign students, exchange visitors and members of the foreign press, respectively, scrapping open-ended admissions in favor of fixed stays.
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August 27, 2025
Crypto Orgs. Won't Back Bill Without Developer Protections
A coalition of 112 crypto industry groups and firms came together in a Wednesday letter to tell federal lawmakers that they will not back a bill to regulate crypto markets without "explicit" protections for software developers and service providers of decentralized projects.
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August 27, 2025
Sinclair Presses FCC To Set NextGen TV Switch Date
Sinclair Broadcast Group is adding its voice to the chorus of those telling the Federal Communications Commission it is time to get a move on and finish up the transition to the next generation of television broadcasting.
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August 27, 2025
FCC Pressed To Expand NC Carrier's High-Cost Aid
North Carolina telecom Carolina West says it needs more money from the federal government to continue operating at its current level in high-cost remote areas, and a coalition of its peers has told the Federal Communications Commission that it agrees.
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August 27, 2025
Negligence Suit Over Arrest On Stale Warrant Gets New Life
A Fourth Circuit panel Wednesday vacated a South Carolina county clerk's summary judgment win against allegations that her negligence resulted in a man being arrested twice over the same unpaid child support dispute, kicking the case back to trial court for new proceedings.
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August 27, 2025
10 Questions For New FCC Commissioner Olivia Trusty
It's been a hectic summer for Olivia Trusty, who joined the Federal Communications Commission as its newest Republican in June. She met with Law360 on Tuesday in her first sit-down interview since taking office.
Expert Analysis
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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.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
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Unpacking DOJ's Suit Against Maryland Federal Bench
Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.