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Public Policy

  • August 19, 2025

    Pa. Justices OK Lower Court's Test For When Posts Are Public

    A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.

  • August 19, 2025

    Cannabis Store Defends NY Labor Peace Law Challenge

    A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.

  • August 19, 2025

    FTC Fights Order Blocking Media Matters Probe

    The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.

  • August 19, 2025

    Public Broadcasters Alarmed At Warning Grant Cuts

    The Corporation for Public Broadcasting called on the Federal Emergency Management Agency to take over its $136 million Next Generation Warning System grant program for local public media stations, saying it can no longer manage the program as it winds down operations.

  • August 19, 2025

    ​​​​​​​CSX To Shell Out $440K In DOL Retirement Plan Fee Suit

    CSX Transportation Inc. and the U.S. Department of Labor asked a Florida federal judge Tuesday to sign off on a $440,000 settlement ending the agency's lawsuit alleging the company unlawfully deducted fees from a trust devoted to funding its employee retirement plans.

  • August 19, 2025

    Trump Signs Bill To Boost Export Control Transparency

    President Donald Trump signed a bipartisan bill on Tuesday that aims to provide more transparency in the U.S. Department of Commerce's export control system, which restricts foreign adversaries from obtaining critical U.S. technologies and software.

  • August 19, 2025

    Feds Say They'll Rescind Biden-Era Species Protections

    The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.

  • August 19, 2025

    5 Firms Build $6.2B Nexstar, Tegna Media Mega-Merger

    Broadcast television giant Nexstar Media Group Inc. on Tuesday unveiled plans to buy fellow broadcast digital media company Tegna Inc. in an all-cash deal that was built by five law firms and is valued at $6.2 billion.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 18, 2025

    NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful

    Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.

  • August 18, 2025

    Battle Brews Over Fed's Plan For Big Bank Ratings Revamp

    Leading banking industry groups are urging the Federal Reserve to move full speed ahead with a supervisory ratings overhaul that could classify more big banks as "well managed," but critics warn the plan amounts to dangerous, and potentially unlawful, grade inflation.

  • August 18, 2025

    Meta Faces Senate Probe Over AI Chatbots' Talks With Kids

    Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors. 

  • August 18, 2025

    HHS Says Layoffs, Reorganization Are Within Its Authority

    The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.

  • August 18, 2025

    Ex-NY AG Immune From Malicious Prosecution Suit

    Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.

  • August 18, 2025

    SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty

    The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.

  • August 18, 2025

    OMB Says Agencies Can Cut Some Gov't Contract Requirements

    The Office of Management and Budget authorized federal agencies to immediately start eliminating requirements from future government contracts as part of the Trump administration's effort to get rid of non-statutory rules from the Federal Acquisition Regulation.

  • August 18, 2025

    9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants

    A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.

  • August 18, 2025

    Unions Attack Gov't's Bid To Nix Federal Firings Dispute

    Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.

  • August 18, 2025

    Monsanto Reaches Terms To Settle Wash. School PCB Torts

    Monsanto has come to tentative settlement terms to end claims from roughly 200 people who say they developed various health problems from chemical contamination at a Washington state school site, parent company Bayer AG said Monday.

  • August 18, 2025

    Texas Judge Stays PWFA Suit After 5th Circ. Decision

    A Texas federal judge on Monday stayed a challenge to the Pregnant Workers Fairness Act after the Fifth Circuit ruled in a separate case that the U.S. Equal Employment Opportunity Commission could enforce the law.

  • August 18, 2025

    FTC Targets Ticket Resellers Over Eras Tour Sales Meltdown

    The Federal Trade Commission on Monday sued ticket brokers in Maryland federal court for allegedly snatching up hundreds of thousands of Taylor Swift Eras Tour tickets and selling them at high markups after bypassing Ticketmaster's purchase limit rules and verification processes by using fake accounts and spoofed IP addresses.

  • August 18, 2025

    College And Students Take Texas Dream Act Suit To 5th Circ.

    A Texas federal judge has ruled that bids by a state community college and a student association to intervene in a suit challenging a Texas law allowing in-state tuition for unauthorized immigrants would be "legally futile," prompting their appeal to the Fifth Circuit.

  • August 18, 2025

    Colo. AG Blasts FCC's T-Mobile, Skydance Approvals

    Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.

  • August 18, 2025

    Mexican Bank Sues Treasury Over Opioid Order Death Knell

    Mexico-based bank CIBanco has sued the U.S. Department of the Treasury and its criminal enforcement wing for cutting off its access to the U.S. financial system through an order aimed at combating opioid trafficking, arguing it faces an "imminent demise" if it doesn't get the chance to show the regulator's allegations are false.

Expert Analysis

  • Psychedelic Treatment Regs May Be At A Tipping Point

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    Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • Comparing Stablecoin Bills From UK, EU, US And Hong Kong

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    For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • How Energy Cos. Can Prepare For Potential Tax Credit Cuts

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    The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.

  • The CFTC Is Shaking Up Sports Betting's Legal Future

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    The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Fla. Condo Law Fix Clarifies Control Of Common Areas

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    Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • The Legal Fallout Of The Open Model AI Ecosystem

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    The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

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