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Public Policy

  • September 05, 2025

    Judge Doubts DOE Stance On Ending Mental Health Grants

    A Seattle federal judge hinted on Friday that 16 states have valid claims against the U.S. Department of Education for arbitrarily discontinuing mental health funding for public schools, expressing frustration with the federal government's argument that it could terminate grant funding the same way it could fire a landscaper under contract.  

  • September 05, 2025

    FTC Drops Appeal For Rule Banning Noncompetes

    The Federal Trade Commission officially abandoned its appeal Friday in a case that set aside a Biden administration rule banning the use of most employee noncompete clauses, but the agency said it plans to bring enforcement actions on a case-by-case basis instead.

  • September 05, 2025

    NJ Court Won't Push Affordable Housing Project Through

    A New Jersey state appeals court affirmed Friday that a developer can't bypass a municipality's zoning rules and obtain approvals for an affordable housing project, even though the development is part of the municipality's plan to meet its affordable housing obligations.

  • September 05, 2025

    9th Circ. Deems COVID Jobless Pay Constitutionally Protected

    A Ninth Circuit panel has ruled a Washington state resident has standing to bring a proposed class action against the Washington State Employment Security Department for allegedly underpaying COVID-era benefits, declaring the plaintiff's property interest in the benefits is constitutionally protected.

  • September 05, 2025

    Top Groups Lobbying The FCC

    Lobbying slowed toward the end of the dog days, but the Federal Communications Commission heard from advocates nearly 100 times in August on issues like next-generation TV, satellite spectrum rules and 900 megahertz broadband.

  • September 05, 2025

    Judge Grills Gov't On Details Of IRS-ICE Info-Sharing Deal

    A D.C. senior judge pressed a government attorney Friday over the specifics of the IRS' disclosure of tax return information to immigration enforcement agencies, saying the details were crucial to weighing a coalition of organizations' bid to block the practice.

  • September 05, 2025

    FDA Explains Rejection Of MDMA Therapy For Treating PTSD

    The U.S. Food and Drug Administration rejected a historic new drug application to treat post-traumatic stress disorder with the psychedelic MDMA due to concerns with the drug's safety and effectiveness and with the design of the clinical trials behind the bid, according to an agency letter made public Thursday.

  • September 05, 2025

    DOJ Defends Expert Who Says Agri Stats Helps Hike Prices

    The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.

  • September 05, 2025

    3rd Circ. Affirms Feds' Primacy Over Pa. Grid Project

    The Third Circuit ruled in a precedential decision on Friday that the Pennsylvania Public Utility Commission's blocking of a transmission line project in the state was unconstitutional because it hampered federal objectives, affirming a lower court's ruling that the commission lacked the authority to halt construction.

  • September 05, 2025

    Miner Must Show Why Chuckwalla Suit Belongs In Mich.

    A Michigan federal judge has ordered a Michigan resident challenging the Chuckwalla National Monument's protected status to show why the lawsuit should remain in the Great Lakes State, suggesting that the case seems to fit better in California where the vast desert acreage is located.

  • September 05, 2025

    Former Boston Pol Gets 1 Month For Kickback Scheme

    A former Boston city councilor was sentenced on Friday to a month in prison for a public corruption scheme in which she demanded a $7,000 kickback from an employee bonus at a time she was facing a state ethics commission fine.

  • September 05, 2025

    Ex-Ill. Speaker Asks 7th Circ. To Stay Prison Term For Appeal

    Former Illinois House Speaker Michael Madigan has asked the Seventh Circuit to stay his impending surrender to serve a seven-year prison sentence for bribery and wire fraud as he appeals that conviction to the appellate court, saying his appeal is likely to succeed. 

  • September 05, 2025

    Ga. Ban On Trans Prisoner Healthcare Paused, Class Certified

    A Georgia federal judge has reached what he described as a "straightforward" decision to temporarily pause the state's law banning the use of state resources for hormone replacement therapies for transgender state prisoners, and is considering granting the plaintiffs' request for permanent injunctive relief.

  • September 05, 2025

    Mo. House Resolution Seeks Vote On Narrowed Property Tax

    Missouri would ask voters to decide if the state should amend its constitution to designate real property as the only property classified for property tax purposes under a joint resolution filed in the state House of Representatives and submitted to a special legislative committee Friday.

  • September 05, 2025

    Ore. Court Finds Claim For Tax Sale Proceeds Untimely

    An Oregon county violated the U.S. Constitution when it retained the surplus proceeds of a tax sale, a state appeals court ruled, but the property owner's claim for the funds was untimely and a lower court was correct to dismiss it.

  • September 05, 2025

    Court-Ordered Programs Are Gov't Speech, 11th Circ. Says

    The Eleventh Circuit on Thursday affirmed a lower court's finding that Florida court-ordered batterers' intervention programs are government speech, upholding a win for the state over a Christian minister and counselor contesting the rejection of his Bible-based program.

  • September 05, 2025

    9th Circ. Affirms Irrigation Exemption For Calif. Water Project

    The Ninth Circuit on Friday rejected fishing industry groups' demand that the federal government require a Clean Water Act permit for a California agricultural water runoff project that's been operating without one for decades.

  • September 05, 2025

    Brown Univ. Prof Says Top Court Ruling Bolsters Habeas Bid

    A Lebanese nephrologist who teaches at Brown University under an H-1B visa argued last week that the U.S. Supreme Court's ruling this summer in Kennedy v. Braidwood Management, a case focusing on whether members of a U.S. government task force were constitutionally appointed, bolsters her argument that the U.S. Customs and Border Protection officers who deported her lacked the authority to do so.

  • September 05, 2025

    NC Court Rejects ParkMobile's Bid To Escape Slander Case

    ParkMobile LLC lost its bid Thursday to dodge a slander lawsuit in which the city of Asheville claimed the company misrepresented that the two were affiliated, after a three-judge panel of the North Carolina Court of Appeals dismissed ParkMobile's appeal.

  • September 05, 2025

    NC Elections Board Settles DOJ Suit Over Missing Voter Info

    North Carolina election officials have agreed to update the state's voter registration database to end a U.S. Department of Justice lawsuit alleging they flouted federal regulations by failing to collect driver's license or Social Security numbers when registering voters.

  • September 05, 2025

    Judicial Nominee Expands On Testimony About Ky. Pardons

    A judicial nominee for the Eastern District of Kentucky continues to distance himself from the controversial pardons issued by former Kentucky Gov. Matt Bevin, for whom he was counsel.

  • September 05, 2025

    FCC Chief Wants To Let Prisons Jam Contraband Cellphones

    The Federal Communications Commission plans to vote this month on a plan to allow state and local prisons to jam the signals of contraband cellphones obtained by prisoners.

  • September 05, 2025

    Mass. Justices Mull Privacy Issues In Era Of Online Records

    Massachusetts' highest court heard arguments Friday in a pair of cases asking the justices to balance the public's right to access court documents against the privacy interests of potential medical malpractice victims and people charged with but later cleared of crimes.

  • September 05, 2025

    Judges Warn ICE Is Turning Courts Into Deportation Traps

    As Immigration and Customs Enforcement officers violently arrest unauthorized immigrants in court buildings' hallways, former and current judges warn that the Trump administration is using courts as a dragnet, arresting people indiscriminately and expelling them with little to no due process in a bid to fulfill President Donald Trump’s goal of mass deportations.

  • September 05, 2025

    Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law

    A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.

Expert Analysis

  • GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins

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    Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.

  • EU Space Act Could Stifle US Commercial Operators

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    The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.

  • Cos. Face Convergence Of Anti-Terrorism Act, FCPA Risks

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    Recent moves by the U.S. Department of Justice to classify cartels and transnational criminal organizations as terrorist groups, and to use a range of statutes including the Foreign Corrupt Practices Act to pursue these types of targets, mean that companies operating in certain jurisdictions are now subject to overlapping exposure, say attorneys at Miller & Chevalier.

  • Feds' Shift On Reputational Risk Raises Questions For Banks

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    While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.

  • Biotech Collaborations Can Ease Uncertainty Amid FDA Shift

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    As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.

  • Nuclear Stakeholders Must Prepare For Cyber Threats

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    As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

  • FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda

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    While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.

  • Diversity, Equity, Indictment? Contractor Risks After Kousisis

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    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.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q2

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    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.

  • Lawsuit, Exec Orders Should Boost Small Modular Reactors

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    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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