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Public Policy

  • August 28, 2025

    Fed. Circ. Says AI Co. Not 'Interested Party' In Bid Protest

    The en banc Federal Circuit affirmed on Thursday a lower court's dismissal of Percipient.ai's protest challenging its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, holding that the company lacks standing.

  • August 28, 2025

    Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.

    The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch. 

  • August 28, 2025

    Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

    Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

  • August 28, 2025

    End Of De Minimis Duty Breaks May Snag Supply Chains

    As the duty exemption for low-value imports ends Friday in accordance with President Donald Trump's executive order, lawyers say they expect cost increases for importers and customers and administrative burdens that could snarl supply chains, especially for consumer goods.

  • August 28, 2025

    FTC Unpauses Administrative Case Over Insulin Prices

    The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.

  • August 28, 2025

    Unions Urge Judgment Blocking DOGE's Agency Access

    Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.

  • August 28, 2025

    EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.

  • August 28, 2025

    Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

    A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

  • August 28, 2025

    Court Blocks Bid To Keep Everglades Detention Center Open

    A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location. 

  • August 28, 2025

    USPTO Offers Streamlined Patent, TM Assignment Search Tool

    The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

  • August 28, 2025

    Arkansas Court Dismisses Cherokee Casino License Claims

    An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.

  • August 28, 2025

    AstraZeneca Challenges Colo. Law Over Drug Pricing Rules

    Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.

  • August 28, 2025

    Tribal Members Seek 5th Circ. Redo In San Antonio Park Row

    Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.

  • August 28, 2025

    Cannabis Biz Says Long Island Town Illicitly Blocked Opening

    A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.

  • August 28, 2025

    Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks

    U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.

  • August 28, 2025

    Wash. Sen. Opposes Full-Term Role For State's New US Atty

    The newly installed interim U.S. attorney for the Eastern District of Washington at this juncture has not been nominated for the full-term role, but one of the state's Democratic senators is already vowing to prevent his confirmation.

  • August 28, 2025

    Red States Fight Youths' Effort To Stop Trump Energy Orders

    Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.

  • August 28, 2025

    Trump Fires Democratic Member Of Rail Regulator

    President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.

  • August 28, 2025

    Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence

    As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that. 

  • August 28, 2025

    Hartford Cops' Assault Response Reveals Bias, Court Told

    The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.

  • August 28, 2025

    PBGC Must Reconsider Bakery Union's $132M Bailout Bid

    The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.

  • August 28, 2025

    Hawaii Transient Tax Is Unconstitutional, Cruise Cos. Say

    The extension of Hawaii's 11% transient accommodation tax to cruise ship passengers under a new law violates the U.S. Constitution, a group of cruise companies told a U.S. district court.

  • August 28, 2025

    UK Plastic Packaging Tax Revenue Dips As Exemptions Rise

    The U.K. has collected slightly less revenue from its tax on plastic packaging over the past year as manufacturers have begun using more recycled materials to qualify for exemptions from the levy and imports have declined, HM Revenue & Customs said Thursday.

  • August 28, 2025

    First Chief PTAB Judge Remembered As Industrious Leader

    Colleagues and loved ones of James Donald Smith — the first chief judge of the Patent Trial and Appeal Board who died this spring — remembered him as a superb leader, talented violist and dear friend at a memorial service on Saturday that featured a reading of a letter from former President Barack Obama.

  • August 28, 2025

    Australia Aims To Cut 500 Nuisance Tariffs

    The Australian government wants to eliminate around 500 of what are known as nuisance tariffs on goods like televisions, air conditioners, tires, glassware and various foods, expecting to save businesses AU$127 million ($83 million) annually in compliance costs, the Treasury said Thursday.

Expert Analysis

  • FTC Focus: Surprising Ways Meador And Khan Sound Alike

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    Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Compliance Is A New Competitive Edge For Mortgage Lenders

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    So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Opinion

    Privacy Bill Must Be Amended To Protect Small Businesses

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    While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.

  • Opinion

    Budget Act's Deduction Limit Penalizes Losing Gamblers

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    A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.

  • Even As States Step Up, They Can't Fully Fill sa¹ú¼Ê´«Ã½'s Shoes

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    The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant sa¹ú¼Ê´«Ã½, say attorneys at Covington.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • The Int'l Compliance View: Everything Everywhere All At Once

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    Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.

  • Opinion

    Calif. Must Amend Trade Secret Civil Procedure

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    A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

  • Previewing State Efforts To Regulate Mental Health Chatbots

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    New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.

  • 6 Questions We Should Ask About The Trump Trade Deals

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    Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.

  • 'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight

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    The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • The Pros, Cons Of A Single Commissioner Leading The CFTC

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    While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.

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