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Public Policy

  • September 02, 2025

    Fed Gov. Cook Doubles Down On Removal TRO Bid

    Federal Reserve Board Gov. Lisa Cook on Tuesday doubled down in her bid to have a D.C. federal court block President Donald Trump's attempt to strip her of her position, saying the federal government was trying to expand the limits of a "for cause" removal.

  • September 02, 2025

    DC Circ. Refuses To Block Fired FTC Dem's Reinstatement

    A split D.C. Circuit panel Tuesday refused to stay a lower court's order reinstating a Democratic member of the Federal Trade Commission, finding that the government has "no likelihood of success" fighting her reinstatement because President Donald Trump broke the law when he fired her without cause.

  • September 02, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics 鈥 including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms 鈥 offering enough intrigue to vanquish any autumn ennui.

  • September 02, 2025

    5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'

    A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."

  • September 02, 2025

    DC Circ. Says EPA Can Freeze Climate Grant Funds

    A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.

  • September 02, 2025

    GAO Report Says FEMA Funding Should Go Directly To Tribes

    The U.S. Government Accountability Office on Tuesday urged Congress to provide direct Federal Emergency Management Agency funding to Native American tribes hit by tornadoes, reporting that 17 states in a recent 10-year period did not distribute any FEMA awards to tribes.

  • September 02, 2025

    Speculation Can't Halt Medical Coatings Merger, GTCR Says

    GTCR BC Holdings LLC should be allowed to merge the nation's leading medical coatings supplier with the second leading provider because federal regulators spent two weeks simply relying on speculation and theory to prove its losing antitrust case, the private equity subsidiary argued.

  • September 02, 2025

    Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process

    Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.

  • September 02, 2025

    9th Circ. Rejects Unvaxxed Firefighters' Discrimination Appeal

    A Ninth Circuit panel declined on Tuesday to revive a group of Washington firefighters' suit against their employer for refusing them religious exemptions from a state COVID-19 vaccination mandate, concluding the fire agency would've faced "substantial costs" had it allowed them to continue working without the shot in 2021.

  • September 02, 2025

    Okla. Tribe Launches Campaign Against 'Secret' Rights Attack

    The United Keetoowah Band of Cherokee Indians in Oklahoma said it has kicked off a campaign to oppose "secret" legislative language by a U.S. senator seeking to terminate rights to trust land and economic development that the tribe shares with the Cherokee Nation.

  • September 02, 2025

    Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit

    A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim.聽

  • September 02, 2025

    DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens

    Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.

  • September 02, 2025

    SEC, CFTC Say Firms Can List Certain Spot Crypto Products

    Staff of the U.S. Securities and Exchange Commission and U.S. Commodities Futures Trading Commission jointly told digital asset firms on Tuesday that registered exchanges under their purview can support trading of spot crypto products.

  • September 02, 2025

    NYPD Urges Dismissal Of Racial Bias Suit Over Gang List

    The city of New York has asked a federal judge to toss a putative class action alleging NYPD officials violated the constitutional rights of people on the department's list of purported gang members, saying the lawsuit, brought by three anonymous men, is "highly speculative."

  • September 02, 2025

    Military Lawyers To Work As Temporary Immigration Judges

    The U.S. Department of Defense is working to identify military lawyers to serve as temporary immigration judges at the U.S. Department of Justice, according to an agency spokesperson.

  • September 02, 2025

    Feds Want To Tell Jury About Guilty Pleas In Corruption Trial

    A Connecticut federal jury in a former state budget director's upcoming corruption trial should be told that three construction industry officials have pled guilty to related conspiracy charges, federal prosecutors have argued, saying a defense bid to exclude the guilty pleas was "legally and factually unfounded."

  • September 02, 2025

    Two Unions Fight Trump Order Ending Labor Rights

    Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.聽

  • September 02, 2025

    EchoStar Challenges FCC's New Auction Rules In 10th Circ.

    Dish owner EchoStar has sued in the Tenth Circuit to overturn the Federal Communications Commission's recently passed rules to sell spectrum, claiming the plan will result in major penalties stemming from defaults on winning bids in an earlier auction.

  • September 02, 2025

    Colo. Gun Group Challenges Semi-Auto Restrictions Law

    Colorado's official branch of the National Rifle Association told a federal judge on Tuesday that recently passed legislation restricting ownership of certain semi-automatic firearms violates the Second Amendment.

  • September 02, 2025

    Copyright Office Veteran Takes Over Registration Policy Role

    A longtime U.S. Copyright Office attorney has taken over the role dedicated to overseeing the section that registers copyrights, replacing Robert Kasunic, who is retiring after just over a decade in the position, the office said Tuesday.

  • September 02, 2025

    Google Calls DOJ Ad Tech Expert 'Unqualified'

    Google asked a Virginia federal judge to block key U.S. Department of Justice evidence from the upcoming trial in which the government will seek the breakup of the company's advertising placement technology business, arguing its internal analysis on the feasibility of a breakup is protected.

  • September 02, 2025

    Nearly Deported Minors Back In HHS Care, Feds Report

    All 76 unaccompanied children whom the Trump administration tried to deport to Guatemala over the weekend are back in the custody of the federal agency that oversees their care after a federal judge halted their removal, the government said.

  • September 02, 2025

    Ga. Superior Court Clerk Suspended After Indictment

    A Georgia superior court clerk has been suspended after her indictment on charges of destroying public records and violating her oath of office, according to an executive order signed by Gov. Brian Kemp.

  • September 02, 2025

    House Approves Bill To Trim Undersea Cable Gear Access

    The U.S. House of Representatives voted Tuesday to make it tougher for China and other foreign adversaries to obtain equipment needed to expand their undersea telecommunications networks.

  • September 02, 2025

    Feds' Immigration Policy 'Fundamentally Unfair,' Judge Says

    A Michigan federal judge ruled that the detention of a longtime Detroit resident by Immigration and Customs Enforcement without a bond hearing violates his due process rights, ordering his immediate release or a hearing by the end of the week and calling the government's recent directive to detain all noncitizens "wrong."

Expert Analysis

  • Trump Tax Law's Most Impactful Energy Changes

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    The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.

  • Texas Property Law Complicates Financing And Development

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    A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual鈥檚 recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the bene铿乼s of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

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    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • Opinion

    Small-Plane Black Box Mandate Would Aid Probes, Lawsuits

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    Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.

  • Untangling 'Debanking' Exec Order And Ensuing Challenges

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    President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.

  • What FDIC's Asset Threshold Raise Would Mean For Banking

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    If the Federal Deposit Insurance Corp. goes through with its plan to raise asset thresholds that determine regulatory intensity, it could free billions in compliance costs and bolster regional and community banks, but risk of oversight gaps are making this a contested area in banking policy, says Jessica Groza at Kohr Jackson.

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Calif. Board's Financial-Grade Climate Standards Raise Stakes

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    After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting 鈥 so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure 鈥 all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

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