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Public Policy
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August 04, 2025
EU Postpones Tariffs To Finalize US Trade Agreement
The European Union will delay planned trade countermeasures for the next six months, including tariffs on over €93 billion ($107.6 billion) of U.S. goods entering the bloc, as the EU and U.S. work toward implementing the framework trade deal agreed to last week, a spokesperson for the European Commission said Monday.
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August 04, 2025
Google Says Term Limits Only Needed For Some Search Fixes
Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
DOJ Defends IRS-ICE Data Sharing Pact In DC Circ.
The D.C. Circuit should reject four immigrant advocacy groups' push to prevent the IRS from disclosing confidential tax return information to immigration enforcement authorities, the government said Monday, arguing there's no concrete evidence that the information sharing will harm the groups' members.
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August 04, 2025
Trump Admin To Test $15K Visa Bond For Some Visitors
The U.S. Department of State on Monday unveiled a 12-month pilot program that will require noncitizens seeking tourist or business visas from countries with high rates of visa overstays to post a bond of up to $15,000 to obtain a visa.
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August 04, 2025
Fla. Tribe Joins Suit Over 'Alligator Alcatraz' In Everglades
A Florida tribe has joined green groups in hitting Homeland Security Secretary Kristi Noem and state officials with environmental claims that the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades violates a slew of federal statutes.
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August 04, 2025
Mississippi Judge Won't Explain TRO Errors In Suit Over DEI
A Mississippi federal judge won't explain how his decision pausing enforcement of a state law barring diversity, equity and inclusion in public schools contained nonexistent allegations, wrongly identified plaintiffs and defendants and quoted terms that don't appear in the legislative text, ruling that the court isn't obligated to do so.
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August 04, 2025
FinCEN Urges Industry To Stay 'Vigilant' On Crypto ATM Fraud
The U.S. Department of the Treasury's Financial Crimes Enforcement Network on Monday cautioned about rising fraud involving crypto ATMs, saying criminals are increasingly using the kiosks to launder money and scam vulnerable consumers, especially seniors.
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August 04, 2025
DC Circ. Upholds FCC's Foreign Sponsorship Rule
The D.C. Circuit upheld the Federal Communications Commission's 2024 foreign sponsorship disclosure rule for broadcasters Friday, rejecting arguments that the rule violated First Amendment speech protections and even reprimanding the premature leaking of nonpublic rulemaking details to broadcasters, calling the process a "new low" of industry capture.
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August 04, 2025
DOJ Fights Md. Judges' Bid To Ax Suit Over Habeas Orders
The Department of Justice is standing by its lawsuit challenging a standing order in the District of Maryland that temporarily blocks the deportation of detained noncitizens who file habeas petitions, saying a recent dismissal bid misses the mark because "even a small delay" is "irreparable harm to sovereign interests."
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August 04, 2025
Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case
Moderna has urged a Delaware federal judge to clear it in a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.
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August 04, 2025
Conn. Justices Block Rehab Center's Bid To Halt Rival Permit
A northwestern Connecticut drug rehabilitation facility lacks standing to challenge the state Department of Public Health's approval of a small-town rival's permit, the Connecticut Supreme Court ruled Monday, holding that a statute does not require regulators to consider effects on local competition when OK'ing new healthcare facilities.
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August 04, 2025
EU Court To Hear Digital Nomad Case Against VAT Rules
A European Union court will hear the case of an online short-term rental company against the bloc's deemed supplier rules for value-added tax on the grounds that the provisions disadvantage the industry, according to a notice issued Monday.
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August 04, 2025
Lawmakers Jumpstart Work On Telecom Subsidy Reform
A working group of U.S. senators focused on reforms to the nation's telecommunications subsidy system has started gathering the public's views on legislation.
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August 04, 2025
Texas Bill Seeks Lower Voter-Approval Property Tax Rate
Texas would reduce its voter-approval property tax rate, or the rate that a local government unit may adopt without voter approval, for large taxing units under a bill introduced in the state Senate.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 02, 2025
9th Circ. Backs Limits On ICE Immigration Sweeps In LA
The Ninth Circuit preserved most of a district court's temporary block on the Trump administration making immigration arrests in the Los Angeles area without probable cause, rejecting the government's request for a stay during its appeal.
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August 01, 2025
States Can't Block Trump Admin's Cuts To Science Grants
A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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August 01, 2025
9th Circ. Lifts Order Halting Trump From Curbing Fed Unions
The Ninth Circuit on Aug. 1 granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.
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August 01, 2025
NC Man Warns Justices Of 'Odor Alone' Pot-Search Dangers
A North Carolina man who pled guilty to firearms charges after police found a weapon in his vehicle after smelling cannabis is urging the state's Supreme Court to find that the odor alone is not enough to establish probable cause, saying the current state of the law means anyone carrying state-legal hemp effectively gives up their Fourth Amendment right to be free of unreasonable searches.
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August 01, 2025
IP Owners Largely Win In Stewart's Newest Discretion Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.
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August 01, 2025
NJ Court Will Mull Legality Of Habba's US Atty Appointment
If Alina Habba was illegally appointed acting U.S. attorney in New Jersey, a pair of defendants in a drug trafficking case are not entitled to dismissal of the indictment, but it "appears appropriate" that Habba would be barred from prosecuting them, a federal judge ruled Friday.
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August 01, 2025
Right-Wing Duo Cop To Robocall Voter Suppression Charges
Two Virginia-based right-wing activists accepted a plea on felony charges on Friday for leading a misinformation robocall campaign that discouraged Black voters from voting by mail in the 2020 election, the Michigan attorney general's office announced.
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August 01, 2025
DC Circ. Upholds FERC's Limited Review Of Texas Pipeline
The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.
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August 01, 2025
USPTO Tightens Rules On Patent Challengers' Arguments
Patent challengers at the Patent Trial and Appeal Board will no longer be able to skirt a requirement that they must identify where all the elements of the patent are found in prior art patents or printed publications, according to a notice from the U.S. Patent and Trademark Office.
Expert Analysis
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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 sa¹ú¼Ê´«Ã½
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.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.