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Public Policy

  • September 24, 2025

    ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical

    The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.

  • September 24, 2025

    Google Ad Tech Judge Ponders If Order Without Sale Is Enough

    A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."

  • September 24, 2025

    DHS Barred From Tying Disaster Aid To Immigration Agenda

    The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.

  • September 24, 2025

    Immigrant Group Says Noem Must Face TPS Terminations Suit

    An immigrant rights group has told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.

  • September 24, 2025

    Calif. Tribes Fight State Highway Patrol Over Cannabis Raids

    The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.

  • September 24, 2025

    Gunmakers Ask 2nd Circ. For Another Chance At Liability Law

    The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.

  • September 24, 2025

    Tower Developer Linked To Menendez Ally Wants Suit Tossed

    The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.

  • September 24, 2025

    Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told

    An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.

  • September 24, 2025

    USPTO Touts Declining Patent Backlog, Eyes Bigger Drop

    U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.

  • September 24, 2025

    Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions

    A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.

  • September 24, 2025

    FINRA To Nix Minimum Equity Requirement For Day Traders

    The Financial Industry Regulatory Authority announced Wednesday that its board approved changes to its rules for so-called pattern day trading that would remove a minimum equity requirement for such traders.

  • September 24, 2025

    Michigan's 'Buy Local' Power Rule Shores Up Grid, Judge Told

    Michigan's utility regulator and one of the state's largest utilities have defended a requirement that power providers serving the state must source some of their electricity locally, saying in a court filing the rule helps ensure grid reliability.

  • September 24, 2025

    ACLU, Feds Spar Over Classwide Relief In Guantánamo Case

    The American Civil Liberties Union and the Trump administration filed dueling briefs on whether a D.C. federal judge can certify a class and grant classwide relief in a suit challenging the government's transfer of some detained noncitizens to Guantánamo Bay.

  • September 24, 2025

    High Court Won't Review Legality Of Wilcox, Harris Firings

    The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.

  • September 24, 2025

    Court Sides With Texas, Nixes Medicaid Tax Funding Rule

    The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.

  • September 24, 2025

    GAO Says Energy Dept. Must Review PFAS At Dozens Of Sites

    The U.S. Department of Energy needs to speed up its review of how forever chemicals are and have been used at its sites across the nation, the congressional watchdog agency said Wednesday.

  • September 24, 2025

    DOJ Seeks Dismissal Of Pot User's Gun Charge

    The U.S. Department of Justice wants to end its prosecution of a cannabis user charged with possession of a firearm, telling an Oklahoma federal court on Tuesday that the case is old and it's very likely that the U.S. Supreme Court will soon address the gun law at issue.

  • September 24, 2025

    FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says

    The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.

  • September 24, 2025

    Keep Rules Against Phone 'Slamming,' NY Agency Says

    New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.

  • September 24, 2025

    EU Commission Provides Guidance For Blocwide VAT Rules

    The European Commission issued guidance Wednesday to help European Union member states enact blocwide value-added tax rules for the digital economy, including real-time e-invoicing on cross-border transactions.

  • September 24, 2025

    Trans Youth Care Ban Discriminatory, Mo. High Court Hears

    The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.

  • September 24, 2025

    Medical Marijuana Operators Claim Okla. Undermines Industry

    A group of Oklahoma medical marijuana interests allege in a new federal lawsuit that state officials are unlawfully hindering their operations as part of a broad crackdown on the industry.

  • September 24, 2025

    Mobile Cos. Claim Chilling Effect From Local Permitting

    Wireless industry players are having problems with local permitting that would be fixed by the Federal Communications Commission's new proposal, which would use federal preemption to help companies clear permitting hurdles, according to a major trade group.

  • September 24, 2025

    Let States Use Leftover BEAD Funds, Sen. Wicker Says

    States should be able to use money left over from federal grants aimed at broadband deployment for other projects to boost high-tech growth, a Republican senator said.

  • September 24, 2025

    Ga. Panel Reverses Trial Court's Same-Sex Motherhood Ruling

    The Georgia Court of Appeals Wednesday reversed a trial court order that refused to recognize the legitimacy of a woman's parental relationship to a child conceived by artificial insemination during her marriage to another woman.

Expert Analysis

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Calif. Bill May Shake Up Healthcare Investment Landscape

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    If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.

  • How Prohibiting Trigger Leads May Affect Mortgage Marketing

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    Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Pharma Copay Programs Raise Complex Economic Questions

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    The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.

  • State False Claims Acts Can Help Curb Opioid Fund Fraud

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    State versions of the federal False Claims Act can play an important role in policing the misuse of opioid settlement funds, taking a cue from the U.S. Department of Justice’s handling of federal fraud cases involving pandemic relief funds, says Kenneth Levine at Stone & Magnanini.

  • Pemex Bribery Charges Provide Glimpse Into FCPA Evolution

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    A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.

  • sa¹ú¼Ê´«Ã½ Proposal Defining Consumer Risk May Add Uncertainty

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    Though a recent Consumer Financial Protection Bureau proposal would codify when risks to consumers justify supervisory intervention against nonbanks, furthering Trump administration plans to curtail sa¹ú¼Ê´«Ã½ authority, firms may still struggle to identify what could attract supervisory designation under the new rule, say attorneys at Steptoe.

  • Targeting Execs Could Hurt SEC's Probusiness Goals

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    While many enforcement changes under the Trump administration’s U.S. Securities and Exchange Commission have been touted by commission leadership as proinnovation and probusiness, a planned focus on holding individual directors and officers responsible for wrongdoing may have the opposite effect, say attorneys at MoFo.

  • Preserving Refunds As Tariffs Await Supreme Court Weigh-In

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    In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.

  • How Justices' Ruling Upends Personal Jurisdiction Defense

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    The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.

  • Key Points From DOJ's New DeFi Enforcement Outline

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    Recent remarks by the U.S. Department of Justice's Criminal Division head Matthew Galeotti reveal several issues that the decentralized finance industry should address in order to minimize risk, including developers' role in evaluating protocols and the importance of illicit finance risk assessments, says Drew Rolle at Alston & Bird.

  • Revamped Opportunity Zones Can Aid Clean Energy Projects

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    The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.

  • Assessing Potential Ad Tech Remedies Ahead Of Google Trial

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    The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.

  • Earned Wage Access Providers Face State Law Labyrinth

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    At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.

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