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Public Policy
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August 18, 2025
DEA Asks Health Officials To Review Psilocybin Rescheduling
The U.S. Drug Enforcement Administration has transmitted a request to loosen federal restrictions on psilocybin, the main compound in psychoactive mushrooms, to federal health officials for a scientific and medical analysis, according to emails reviewed by Law360.
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August 18, 2025
Vt. Says It Has The Authority To Enact Climate Superfund Law
Vermont has urged a federal judge to dismiss lawsuits challenging its recently enacted climate change Superfund law, saying it's a valid exercise of the state's authority to raise revenue and protect its citizens against environmental harms.
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August 18, 2025
AmeriCorps Restores $400M In Slashed Grants, Judge Told
AmeriCorps told a Maryland federal judge Monday that the agency restored around $400 million in funding to nonprofits canceled under the Trump administration in April, saying the government doesn't plan to ax grants before they end.
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August 18, 2025
Minn. Judge Orders ICE To Release Breastfeeding Mom
A Minnesota federal judge has ordered immigration officials to release a Salvadoran mom of two U.S. citizen children who is still breastfeeding one of them, rejecting the Trump administration's argument that she is subject to mandatory detention.
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August 18, 2025
Treasury Seeks Input On Tech To Combat Crypto Crimes
The U.S. Department of the Treasury on Monday asked the public to share feedback on how novel technologies might be used to detect and thwart illicit crypto activity, fulfilling a directive under a recently signed bill to regulate stable value tokens.
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August 18, 2025
Ohio State Court Finds Google Is Not A Common Carrier
An Ohio state court has ruled that Google's search engine does not qualify as a common carrier that would be subject to heightened oversight, finding that Google does not transport products for others or claim that its search results are "indifferent."
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August 18, 2025
RI, Wash. Say 2nd Circ. Dormant Commerce Pot Ruling Is Inapt
Officials from Rhode Island and Washington state have said in separate letters to federal circuit courts that the Second Circuit's determination last week that the Constitution's dormant commerce clause applied to marijuana should not affect their pending appeals in related cases.
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August 18, 2025
DOJ Loses Bid To End Custody Protections For Migrant Kids
A California federal judge denied the Trump administration's push to end a decades-old settlement governing the custody of detained immigrant children, urging the government to fulfill its promises if it wants to see the agreement ended.
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August 18, 2025
Del. OKs Property Tax Installment Payments, Refund Change
Delaware made property tax changes, including allowing installment payments and changing refund rules, under bills signed by the governor.
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August 18, 2025
Electronics-Makers Urge FCC To Extend Hearing Aid Standards
The wireless industry and its device manufacturers are once again defending their request that the Federal Communications Commission delay the expiration of interim hearing aid compatibility standards for wireless handsets, saying a lack of device testing capacity could create a major bottleneck and disrupt the "vibrant market for new wireless handsets."
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August 18, 2025
3rd Circ. Backs Pittsburgh In Row Over Zoning Board Conflict
The Third Circuit has backed the dismissal of a mixed-use project developer's million-dollar lawsuit against the Pittsburgh Zoning Board of Adjustment over variance delays caused by a conflict of interest dispute, saying its due process rights weren't violated.
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August 15, 2025
DOJ Backs Small Biz In Gender Dysphoria Coverage Dispute
The U.S. Department of Justice told a New Hampshire federal court Friday that employers are not required under federal anti-discrimination laws to provide medical coverage for gender dysphoria, and that federal religious freedom law protects a turbomachinery company from covering a transgender employee's treatment for the disorder.
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August 15, 2025
18 AGs, Governors Sue To Block DOE Funding Cap
A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.
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August 15, 2025
'Alarm Should Ring': Judge Blocks FTC's Media Matters Probe
A Washington, D.C., federal judge Friday preliminarily blocked the Federal Trade Commission from moving forward with its investigation into the left-leaning Media Matters for America, saying the investigation is likely a retaliatory response to an article reporting that ads on Twitter appeared next to antisemitic posts following Elon Musk's acquisition.
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August 15, 2025
Stewart Issues Dozens More Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.
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August 15, 2025
Judiciary Starts Rule Debate Spanning AI, Subpoenas, More
The federal judiciary's comment clock officially started ticking Friday for rulemaking efforts spanning a smorgasbord of subjects, from high-tech testimony utilizing artificial intelligence to the low-tech tasks of hand-delivering subpoenas and paying witness fees.
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August 15, 2025
DOJ Ramps Up Assault On Calif. Truck Emissions Standards
The Trump administration increased its assault on California's stringent emissions standards for heavy-duty trucks, saying Friday that it has intervened in lawsuits to strike down the Golden State's attempts to still enforce its standards in defiance of federal law.
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August 15, 2025
Baby Co. Says CPSC's 'False' Safety Concerns Tanked Sales
Baby sleep sack maker Dreamland Baby Co. has filed a $90 million suit against the federal government, claiming that former Consumer Product Safety Commissioner Richard Trumka Jr. ruined its reputation and damaged its sales by falsely suggesting that weighted infant sleep products aren't safe.
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August 15, 2025
Fla. Book Ban Law Struck Down For Vagueness
A Florida federal judge has found a state law restricting books in school libraries to be unconstitutionally overbroad and vague, handing a win to the publishing houses, parents of schoolchildren and bestselling authors who had teamed up to fight it.
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August 15, 2025
Eric André's Airport Stop Suit Partially Revived By 11th Circ.
The Eleventh Circuit has partially revived comedian Eric André's lawsuit alleging he was subjected to a "degrading" search and seizure by police at an Atlanta airport, restoring his Fourth Amendment claims Friday while backing the dismissal of his allegations that he was racially profiled.
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August 15, 2025
White Supremacist's Sentence Upheld Despite Discovery Error
The Fourth Circuit ruled Friday that a leader of a white supremacist street gang can't escape his 25-year prison sentence, rejecting the argument that his plea agreement was invalid since prosecutors' discovery was missing pages.
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August 15, 2025
NetChoice Sues Colo. Over Social Media Warnings For Minors
A trade association representing social media giants Meta, YouTube, Reddit and others claims a Colorado law set to go into effect next year that will require social media platforms to display warning messages for minors is compelled speech in violation of the First Amendment.
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August 15, 2025
DC Judge Gets City And Feds To Strike Deal On Police Takeover
A federal judge hesitated Friday to restrain the Trump administration from taking over the District of Columbia Metropolitan Police Department, successfully urging the city and government attorneys to iron out an agreement instead to divert the court's immediate intervention.
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August 15, 2025
Federal Reserve To End Crypto-Focused Supervisory Program
The Federal Reserve Board on Friday announced the end of a Biden-era supervisory program that specifically oversaw banks' crypto and fintech activities, a move that comes after Wall Street trade groups argued that the program unfairly subjected banks to a higher level of scrutiny for their use of novel tech.
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August 15, 2025
5th Circ. Says PWFA Was Constitutionally Enacted
The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.
Expert Analysis
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.