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Public Policy
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August 08, 2025
Why DOJ's US Attorney Moves Are Reaching Critical Point
The Trump administration's strategy of extending U.S. attorney appointments using a pair of laws that allow for interim and acting prosecutors has sparked a constitutional tug-of-war between the executive, legislative and judicial branches that could end up in the U.S. Supreme Court or spur congressional action.
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August 08, 2025
Attys Seek Final OK Of $100M Walgreens Rx Cost Settlement
An Illinois federal judge should greenlight a $100 million settlement to claims that Walgreens overcharged insured customers for generic prescription drugs, the plaintiffs' attorneys said, asking the judge to wrap up the 8-year-old consumer protection litigation.
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August 08, 2025
Split 2nd Circ. Says Asylum Termination Bars Resident Status
Noncitizens whose asylum status was terminated after criminal convictions are no longer eligible to seek green cards, a split Second Circuit panel said in a ruling issued for cases brought by immigrants from Egypt and Guatemala.
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August 08, 2025
NY Says 1676 Order Can't Help Tribe In Eel Fishing Regs Row
The New York State Department of Environmental Conservation is fighting a Supreme Court bid by the Unkechaug Nation to undo a Second Circuit decision rejecting its challenge to the state's regulations on eel fishing harvests, arguing that a 1676 British colonial governor's order is not federal law.
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August 08, 2025
Conn. Legislation Highlights In The 1st Half Of 2025
The highest-profile bill of Connecticut's 2025 legislative session was the state's two-year, $55.8 billion budget, which increased salaries for judges, boosted access to early childhood education programs and made changes to corporate taxes that are expected to raise around $350 million. But lawmakers also tackled issues in family, criminal and employment law, with mixed success.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
NY Cannabis Sellers Urge Lawmakers To Fix Regulation Flap
New York cannabis retailers facing the revocation of their licenses due to a recent destabilizing shift in regulatory interpretation are urging Gov. Kathy Hochul and the state Legislature to take immediate action to ensure the continuity of their businesses.
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August 08, 2025
Trump Admin Invites Legal Fights With Clean Energy Moves
Recent Trump administration moves to saddle renewable energy projects with additional regulatory and permit burdens are likely to face court challenges from the industry even as developers are forced to think long and hard about the viability of their projects.
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August 08, 2025
CFTC Blesses Another Event Betting Website
U.S. Commodity Futures Trading Commission staff has announced they will not pursue enforcement actions against a prediction market company set to launch as a designated contract market, allowing the company to move forward with permitting users to bet on real-world events, such as entertainment and public policy.
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August 08, 2025
Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds
The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.
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August 08, 2025
'Legally Indefensible Scheme' DQs NJ US Atty, Court Told
A New Jersey criminal defendant argued in federal court this week that Alina Habba's appointment as acting U.S. attorney for New Jersey is an "end-run" around the Constitution and moved to have her and any prosecutors working under her disqualified.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.Â
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August 08, 2025
New Jersey Litigation Highlights For The 1st Half Of 2025
More than halfway through 2025, the New Jersey legal community has seen the state lose its case against one of the most politically connected figures to never hold office, as well as the federal government dropping its case against two former technology executives accused of bribing foreign officials. Here are some of the biggest decisions and ongoing cases to watch for the rest of the year.
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August 08, 2025
Texas Modernizes Barratry Ban To Include Online Outreach
Texas, a state with a long history of outlawing prohibited legal services solicitation — known as barratry — has passed a bill updating its penal code to expand the definition of illegal barratry to cover new media, amid a reported rise in digital solicitation, with the amended law set to take effect on Sept. 1.
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August 08, 2025
Massachusetts Sheriff Charged With Extorting Cannabis Shop
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins was arrested Friday morning in Florida on extortion charges related to his demand for a stake in a cannabis dispensary — and a refund when his shares lost value — federal prosecutors announced.
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August 07, 2025
CFPB Mulls Cuts To Oversight Reach In 4 Nonbank Markets
The Consumer Financial Protection Bureau is considering formally scaling back the reach of its nonbank oversight, floating a series of early stage proposals that contemplate sharply reducing the number of firms it would supervise in four key financial services markets.
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August 07, 2025
Trump Admin Asks Justices To Halt ICE Arrest Limits In LA
The Trump administration on Thursday asked the U.S. Supreme Court to pause a California federal court's order temporarily blocking the government from conducting immigration arrests in the Los Angeles area without probable cause, arguing that it threatens officials' ability to enforce immigration laws.
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August 07, 2025
Sentencing Commission Plans To Reassess Fraud Guidelines
The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination.
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August 07, 2025
Judge Orders Chemours To Cut Discharges At W.Va. Plant
A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.
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August 07, 2025
ND Judge Strikes Down Fed's Debit Card Fee Regulation
A North Dakota federal judge has invalidated the Federal Reserve's regulation limiting certain debit card fees charged in merchant transactions, ruling in favor of a truck stop and convenience store in finding that the Fed had attempted to "improperly repackag[e] the defunct-Chevron deference under a different name."
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August 07, 2025
Fox Brands Calif. Gov.'s $787M Defamation Suit 'Spectacle'
Fox News has asked a Delaware court to toss California Gov. Gavin Newsom's $787 million defamation suit over the network's coverage of his June 6 phone call with President Donald Trump, calling it a "political stunt" and "spectacle" that shouldn't be rewarded.
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
2nd Circ. Says Asylum Status Must Be Current For Green Card
Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.
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August 07, 2025
9th Circ. Backs Seattle's Win In Housing Ordinance Suit
The Ninth Circuit affirmed Seattle's lower court victory against a suit filed by landlords challenging a 2017 city housing law that, among other restrictions, prevents landlords from requiring prospective tenants to disclose whether or not they have criminal records.
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August 07, 2025
Ga. AG Sues Gov.'s Race Rival Over No-Limit Fundraising
Georgia Attorney General Chris Carr sued one of his top Republican rivals in the Peach State's 2026 gubernatorial race Thursday, alleging Lt. Gov. Burt Jones reaped an unfair advantage in the contest through a campaign finance vehicle that allows him to raise unlimited amounts of cash.
Expert Analysis
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.