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Public Policy
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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.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 25, 2025
Advocate Orgs. Ask DC Circ. To Stop IRS Sharing Info With ICE
Immigrant advocacy groups urged the D.C. Circuit to stop the IRS from sharing taxpayer addresses with immigration authorities, saying the court should consider the substance of their challenge to an unprecedented information sharing deal rather than toss their case on procedural grounds put forward by the government.
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August 25, 2025
Ex-TSA Attorney Among 3 New Lawyers At Kaplan Kirsch
A former Transportation Security Administration attorney is among three lawyers who recently joined Kaplan Kirsch LLP, a Denver-based law firm that specializes in representing state, local and tribal government agencies on projects such as airport expansions and new rail lines.
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August 25, 2025
Connecticut Court Backs Ouster Of Tax Atty Over Rogue Email
Connecticut's former tax legal director was properly terminated after she used her work computer to send unauthorized draft legislation from her personal email account to a lobbyist who assumed that it was the state tax department's official position, a Connecticut appeals panel has ruled.
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August 25, 2025
Alabama Pot Co. Fights Dismissal Bid In Retaliation Suit
A would-be medical cannabis business is urging an Alabama federal court to deny state regulators' bid to dismiss its suit alleging they wrongly denied the company a license in retaliation for lawsuits over the licensing process, saying the company adequately pleaded its retaliation claims.
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August 25, 2025
NJ Court Upholds Most Claims In Judicial Privacy Suits
Lawsuits filed by a data privacy group representing judges, prosecutors and law enforcement officials may continue against companies and groups that published their home addresses and unlisted phone numbers after a New Jersey federal judge on Monday denied the defendants' motions to dismiss.
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August 25, 2025
Unions Ask Judge To Block DOD, EPA From Ending Contracts
A D.C. federal judge should stop the U.S. Department of Defense, the U.S. Environmental Protection Agency and four other agencies from canceling their union contracts, a group of unions said, asking him to block the agencies from complying with an executive order that let them terminate these contracts.
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August 25, 2025
Texas Bill Would OK Low-Population Voter-Approval Tax Rates
The Texas voter-approval property tax rate, the maximum rate a local government can adopt without voter approval, would be reduced for smaller taxing authorities under a bill passed in the state Senate and a House committee.
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August 25, 2025
Judge Pauses CWA Suit Over Chemours' Ohio River Pollution
A West Virginia federal judge put a Clean Water Act citizen suit nearing trial on hold as Chemours appeals a preliminary injunction ruling holding that an environmental group can challenge its allegedly excessive discharges of a "forever chemical" into the Ohio River.
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August 25, 2025
Glock Can't Escape Minnesota's Gun Modification Suit
A Minnesota state judge won't let Glock Inc. or its Austrian parent company out of a suit by the state alleging it knowingly designs and sells handguns that can be easily converted into machine guns.
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August 25, 2025
Trump Says He'll Sue Over Blue Slips
President Donald Trump said on Monday he would file a lawsuit to counter the blue-slip policy, the de facto veto for home state senators on district court and U.S. attorney nominees.
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August 25, 2025
Former SG Prelogar Rejoins Cooley In DC As Practice Leader
Former U.S. Solicitor General Elizabeth Prelogar has returned to Cooley LLP to lead its U.S. Supreme Court and appellate practice as the firm continues to expand its litigation group, telling Law360 Pulse on Monday it is a firm that shares her values.
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August 24, 2025
Lawsuit Says Fla. Can't Detain Migrants Under 287(g) Rule
Immigration advocates filed another lawsuit late Friday challenging the immigrant detention center in the Everglades, arguing the state of Florida does not have the authority under Section 287(g) of the Immigration and Nationality Act to detain immigrants.
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August 22, 2025
Nadine Menendez Presses Court For 1-Year Prison Sentence
The wife of former U.S. Sen. Robert Menendez on Friday urged a New York federal judge to sentence her to just one year and one day behind bars, a request backed up by her husband, who said he regretted what his own lawyers said about her during his trial.
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August 22, 2025
Texas, Fla. Want In On Abortion Medication Challenge
Texas and Florida have asked a Lone Star State federal court to allow them to intervene in litigation challenging federal approvals for the abortion medication mifepristone, arguing that their interests may "no longer be adequately represented" by Missouri, Kansas and Idaho, which are currently leading the suit.
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August 22, 2025
Intel Says US Will Take 10% Stake In Business
Intel Corp. announced Friday that it has reached an agreement with the Trump administration for the U.S. government to acquire a 10% stake in its business in exchange for $8.9 billion in previously awarded grants, a move the company says will help it expand the American semiconductor industry.
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August 22, 2025
DOJ Investigation Of NY AG Condemned By AGs Of 21 States
A coalition of 21 attorneys general Friday issued an open letter saying the U.S. Department of Justice is investigating New York Attorney General Letitia James and condemning the probe as political payback for the financial fraud claims she pursued against President Donald Trump and his New York-based businesses.
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August 22, 2025
USPTO Allows Discretionary Denials For 3-Year-Old Patents
A top Patent Trial and Appeal Board judge Friday rejected challenges to GenghisComm Holdings LLC patents issued as recently as 2022, as part of the three discretionary review decisions issued over the last week.
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August 22, 2025
Ohio Panel Says Med Mal Damages Cap Is Unconstitutional
An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.
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August 22, 2025
Habba Ruling Could Put Tighter Limits On 'Acting' Officials
A Pennsylvania federal judge's ruling disqualifying Alina Habba from acting as the U.S. attorney for New Jersey has the potential to end a long-standing means of filling government posts without going through the U.S. Senate.
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August 22, 2025
Altria Unit Says FDA Stonewalled On Flavored E-Cig Approvals
A subsidiary of tobacco giant Altria has filed a new lawsuit in Louisiana federal court against U.S. health regulators it alleges unlawfully delayed processing the company's applications to market flavored e-cigarettes for almost three years.
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August 22, 2025
Ga. City Uses Zoning To Block Recovery Facilities, Suit Says
The city of Dunwoody, Georgia, has been sued in federal court over allegations that it manipulates zoning ordinances in order to prevent residential mental health and substance addiction treatment facilities and group homes from operating within its borders.
Expert Analysis
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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.
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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.