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Public Policy
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July 18, 2025
Vt. Judge Says Columbia Student Can Travel, Speak Freely
A Vermont federal judge removed restrictions on green card holder Mohsen Mahdawi's ability to travel freely within the U.S. while his immigration case is pending, saying the government's opposition to his planned participation in political events is no reason to constrain him.
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July 18, 2025
Cannabis Edibles Maker Accused Of Hiding Prop. 65 Warnings
A California resident is suing a Los Angeles cannabis-infused edibles maker, claiming its peel-back product labels deliberately hide the state-required Proposition 65 warning at the time of purchase, in the second private enforcement action filed by the plaintiff this year.
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July 18, 2025
Commerce Adviser Joins MoFo National Security Group In DC
A former U.S. Department of Commerce adviser who focused on semiconductor export controls has returned to private practice at Morrison Foerster LLP, the firm announced.
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July 18, 2025
Meet The Attys In Pa. Radio Host's Fight For Open Primaries
A Philadelphia-area lawyer turned national political commentator and media personality and has assembled a legal team including some of his colleagues at Kline & Specter PC and attorneys from Faegre Drinker Biddle & Reath LLP to represent him and three other plaintiffs in their bid to change Pennsylvania's closed primary system.
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July 18, 2025
Judge Unsure Of Alternatives To Nationwide Birthright Ruling
A Massachusetts federal judge on Friday wrestled with how the government would implement any alternatives to a nationwide block on President Donald Trump's order limiting birthright citizenship and what type of decision would comply with recent high court precedent.
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July 18, 2025
Top 5 Energy Decisions Of 2025: A Midyear Report
A game-changing U.S. Supreme Court ruling that could significantly narrow federal environmental reviews of energy projects punctuated a busy first half of 2025 for the industry in the courts. Here are several court decisions that stood out for energy attorneys in the first half of this year.
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July 18, 2025
Telecoms Urge FCC To Modernize Networks To Fight Robocalls
A major telecom trade group is urging the Federal Communications Commission to allow for industry-driven solutions to the problem of robocalls, saying the agency's current proposal to mandate specific technical standards for caller ID authentication have vulnerabilities that criminals could exploit.
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July 18, 2025
Snake Spotting Voids OK Of Sprawling Calif. Housing Plan
A federal judge has halted a 314-acre master-planned development in Chico, California, after finding federal officials wrongly concluded in 2020 that the endangered giant garter snake had not been observed on the site despite a sighting of the animal in the area a dozen years prior.
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July 18, 2025
Oregon To Issue Report On Property Tax System
The Oregon legislative revenue officer will issue a report on the state's property tax system and options to modernize it under legislation signed into law by the governor.
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July 18, 2025
Nadine Menendez Attys Say Relationship Has 'Broken Down'
One of the law firms representing former U.S. Sen. Robert Menendez's wife in her bribery case told a New York federal judge Friday that it wants to leave the matter because the attorney-client relationship has "broken down."
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July 17, 2025
Trump Creates 'Schedule G' For 'Non-Career' Federal Workers
President Donald Trump announced Thursday a new "non-career, policy oriented" classification for federal workers called "Schedule G," a group of workers the White House said would help "faithfully implement the president's policy agenda."
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July 17, 2025
21 States Fight ACA Rule They Say Guts Health Coverage
A 21-state coalition led by the attorneys general of California, Massachusetts and New Jersey sued the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services on Thursday, challenging a new Trump administration rule they say unlawfully undermines access to healthcare under the Affordable Care Act.
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July 17, 2025
FDA Warns Firms Over Illegal Kratom Product Marketing
The U.S. Food and Drug Administration has warned seven companies — including a California company facing a proposed class action — that they are illegally marketing products containing a potent kratom-derived compound, in letters that indicate intensified federal scrutiny of the opioid-like supplement.
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July 17, 2025
Fla. High Court Affirms Congressional Map In Voter Suit
Florida's Supreme Court on Thursday upheld the new congressional map for the northern part of the state that voter groups claimed is illegal and eliminated a majority Black voting district, saying in a split decision that the district demanded by the civic organizations is unconstitutional.
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July 17, 2025
Calif. Tribe Renews $700M Casino Suit With Lobbying Claim
A D.C. federal judge will let a California tribe amend its suit against the U.S. Department of the Interior for axing its eligibility to run a proposed $700 million casino on new claims that a competing tribe successfully orchestrated a politically influential lobbying campaign.
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July 17, 2025
Google Gets AGs' Ad Tech Trial Delayed In Texas
A Texas federal judge Thursday delayed an upcoming jury trial in antitrust litigation brought by a Texas-led coalition of attorneys general targeting Google's advertising placement technology business until there's a final judgment in a similar case led by the U.S. Department of Justice in Virginia.
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July 17, 2025
9th Circ. Panel Appears Split On Trump Order Curbing Unions
A three-judge Ninth Circuit panel appeared divided Thursday on a lower court's ruling that halted enforcement of President Donald Trump's executive order axing labor contracts covering agencies that have "national security" aims, with one judge expressing concern over the order's implications while two questioned if they can second-guess the president's determination.
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July 17, 2025
Suit Fights USCIS End Of Immigrant Youth Protections
Immigrant youths and service providers hit the Trump administration with a proposed class action Thursday alleging it unlawfully reversed course on a policy that protected thousands of special status juveniles who fled parental mistreatment in their home countries.
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July 17, 2025
FCC Claims Broadcaster Owes 7 Times Judge's Fine
The Federal Communications Commission says it isn't pleased with the $188,000 in fines an administrative law judge slapped a former licensee with for paying "utterly no attention" to the agency's rules, telling the judge the fine should be seven times higher.
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July 17, 2025
'Troubling': Dems Press CFPB Over Nixed Navy Federal Order
U.S. Senate Democrats are demanding answers from the Consumer Financial Protection Bureau over its decision to cancel a $95 million enforcement order against Navy Federal Credit Union, slamming the "abrupt reversal" as a betrayal of military families.
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July 17, 2025
Thrivent Challenges SEC Over FINRA Arbitration Rules
Financial services giant Thrivent has filed a petition in the D.C. Circuit Court of Appeals seeking to force the U.S. Securities and Exchange Commission to review three rules adopted by the Financial Industry Regulatory Authority that give the agency exclusive jurisdiction over arbitration disputes between brokers and their customers.
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July 17, 2025
Judge Won't Grant Fees In Temporary Protected Status Suit
A California federal judge rejected a bid by immigrant rights advocates for $3.6 million in attorney fees, saying their preliminary injunction blocking temporary protected status terminations during Trump's first term did not make them the prevailing party because the case ended without a final judgment.
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July 17, 2025
Dallas Can Fight AG To Keep Records, Appeals Court Says
A Texas appeals court gave the city of Dallas another shot at keeping records of alleged housing discrimination away from the public, saying Thursday that the city challenged an order to release the records from the Texas attorney general in time to pursue its suit.
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July 17, 2025
Circle's Bank Plans Include Regulatory Vets At Helm
Stablecoin giant Circle has tapped Heath Tarbert, its president and former top derivatives regulator, as well as a former Office of the Comptroller of the Currency chief counsel to help oversee its proposed national trust bank, according to application materials made public Thursday.
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July 17, 2025
Hitachi Seeks FCC OK For Bay Area Rail Control System
Hitachi Rail is contracted to update the digital train control system in the Bay Area, but it says that in order to do so it needs the FCC's permission to operate in a slice of spectrum that it normally would not be allowed to. Now the agency is asking how people feel about the request.
Expert Analysis
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Del. Corporate Law Rework May Not Stem M&A Challenges
While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
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What Parity Rule Freeze Means For Plan Sponsors
In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
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Max Pressure On Iran May Raise Secondary Sanctions Risk
New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
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Platforms Face Section 230 Shift From Take It Down Act
The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
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4 Midyear Employer Actions To Reinforce Compliance
The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
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CFPB's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.