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Public Policy

  • July 29, 2025

    EEOC Retreat On Trans Bias Enforcement Illegal, Suit Says

    A Maryland-based LGBTQ+ advocacy organization alleged in a lawsuit Tuesday that recent steps taken by the U.S. Equal Employment Opportunity Commission to walk back enforcement of protections against sexual orientation and gender identity discrimination violate federal civil rights law and the U.S. Constitution.

  • July 29, 2025

    Trump To Make Call On Further Delay Of Higher China Tariffs

    President Donald Trump will decide whether to extend a tariff delay another 90 days for Chinese imports after U.S. Treasury Secretary Scott Bessent and U.S. Trade Representative Jamieson Greer met with Chinese officials to discuss trade matters, the officials told reporters Tuesday in Stockholm.

  • July 29, 2025

    4th Circ. Won't Block NC Vape Regs As Vape Cos. Appeal

    The Fourth Circuit won't issue an injunction blocking a North Carolina law that would prohibit the sale of vape products not approved by the U.S. Food and Drug Administration as vape interests appeal a lower court ruling denying an identical injunction.

  • July 29, 2025

    EPA Proposes Ditching GHG Danger Finding In Tailpipe Rule

    The U.S. Environmental Protection Agency on Tuesday proposed repealing an Obama-era finding that greenhouse gases endanger people's health and all vehicle emissions standards that relied upon that finding.

  • July 29, 2025

    Tenn. Man Deemed Intellectually Disabled Fights Execution

    A Tennessee man convicted of a 1988 triple murder whom the state has since deemed intellectually disabled has asked the U.S. Supreme Court to halt his execution and fully review his case, his attorney confirmed Tuesday.

  • July 29, 2025

    Top Int'l Trade Policy To Watch In The 2nd Half Of 2025

    Pervasive uncertainty surrounds international trade policy as the U.S. takes mercurial swings at the world with tariffs, including a quelled-for-now quasi embargo of China, and while lasting economic fallout hasn't materialized at home, partners abroad are aiming to replace reliance on the American market. Here, ¼«ËÙÈü³µ looks ahead at international trade policy during the latter half of one of the most consequential years in the field's history.

  • July 29, 2025

    USDA Seeks End To Pa. Suit Over $13M Food Aid Cut

    The U.S. Department of Agriculture wants a federal judge to throw out a lawsuit filed by Pennsylvania's governor accusing the USDA of haphazardly cutting off $13 million in food aid that supports local farmers.

  • July 29, 2025

    Attys Blast 'Chilling Message' Of Judge Shopping Sanctions

    Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."

  • July 29, 2025

    22 States Sue To Block Defunding Of Planned Parenthood

    California and more than 20 other states on Tuesday launched their own legal challenge to budget legislation that halts federal Medicaid funding for Planned Parenthood, alleging the measure illegally targets the organization and violates its First Amendment rights.

  • July 29, 2025

    Congressman Asks Feds To Revisit Ga. Tribes' Recognition

    A Georgia congressman is urging the Interior Department and its Bureau of Indian Affairs to reconsider a decision to deny federal recognition to two of the state's tribes while calling on the BIA to reexamine its criteria for the status, arguing it often overlooks events that fractured Indigenous communities.

  • July 29, 2025

    Judge May Review Classified DOD Evidence In DJI Drone Case

    A D.C. federal judge said he might need to see the U.S. Department of Defense's classified reasoning for listing drone manufacturer SZ DJI Technology as a Chinese military company, suggesting the unredacted evidence might not include enough information to assess whether the listing is justified.

  • July 29, 2025

    Judge Breaks Up Review Of Challenge To New Jersey US Atty

    The chief judge for Pennsylvania's Middle District, who is overseeing a drug trafficking case in New Jersey, on Tuesday evening issued a directive bifurcating a challenge to acting U.S. Attorney Alina Habba's authority in order to analyze whether the defendants are entitled to relief if she was illegally appointed.

  • July 29, 2025

    DOJ's Top Antitrust Deputy, Merger Chief Both Fired

    The U.S. Department of Justice has ousted two of its top Antitrust Division officials, citing insubordination amid growing signs of tension between merger enforcers and the wider Trump administration.

  • July 29, 2025

    Justices Can Fix Circuit Split On Compassionate Release

    The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell ¼«ËÙÈü³µ.

  • July 29, 2025

    Ga. Senators Accuse DA Of 'Stonewalling' In Testimony Fight

    A Georgia Senate committee investigating Fulton County District Attorney Fani Willis' prosecution of President Donald Trump and others in an election interference case told the state's Supreme Court that her bid to escape its subpoena for her to testify before the committee seeks "to reward her stonewalling" and "delay tactics."

  • July 29, 2025

    4th Circ. Rejects BofA's Claim Of Tax Offsets After Mergers

    Bank of America cannot use its tax overpayments to offset interest on tax underpayments by Merrill Lynch just because the two companies later merged, the Fourth Circuit affirmed Tuesday in a $163 million case that affects more than 20 years' worth of tax adjustments.

  • July 29, 2025

    Okla. Cannabis Attorney Sues State Bar Over Suspension

    An Oklahoma-based attorney specializing in First Amendment and cannabis law is suing the state's bar association and Supreme Court, alleging that he was wrongfully suspended last year in retaliation for criticizing the bodies.

  • July 29, 2025

    Colo. Conservative Group Says New OT Law Violates TABOR

    Colorado's new overtime law, which requires overtime deducted from federal gross income to be added back to a taxpayer's federal taxable income for state income tax, violates the state's Taxpayer's Bill of Rights, a conservative advocacy group told a state district court.

  • July 29, 2025

    Calif. Allows Retroactive Tax Exclusion For Solar Property

    California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.

  • July 29, 2025

    What To Watch As Deadline Looms For Jay Clayton At SDNY

    The clock is ticking closer to the expiration of Jay Clayton's appointment as interim U.S. attorney for the Southern District of New York, setting him on a likely collision course with the district's judges, who have the power to vote on whether he can continue overseeing one of the top prosecutorial offices in the country.

  • July 29, 2025

    Judge Wants Docs On Feds' Role In Fla. Detention Center Suit

    A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.

  • July 29, 2025

    Ark. Law Banning PBM-Owned Pharmacies Put On Ice

    Arkansas can't enforce a law banning pharmacy benefit managers from owning pharmacies in the state, a federal judge ruled, saying that CVS, Express Scripts, Optum and a trade group are likely to succeed on their claims that the statute unlawfully restricts interstate commerce.

  • July 29, 2025

    Federal Cuts Shake Up Clinical Research Funding Landscape

    As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to ¼«ËÙÈü³µ Healthcare Authority about the industry's concerns.

  • July 29, 2025

    Key Immigration Policies Of 2025: Midyear Report

    President Donald Trump signed a flurry of immigration-related executive orders on Inauguration Day to sharply curtail asylum at the southern border and lay the groundwork for a sweeping approach to immigration enforcement. Here, ¼«ËÙÈü³µ looks at some of the most significant developments in immigration policy this year.

  • July 28, 2025

    9th Circ. Wants More Info On Trump Admin's Arrest Policy

    A Ninth Circuit panel doubted Monday the government's request to lift a ruling blocking the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid immigration raids, with one judge ordering the government to submit more details on whether it has a 3,000 arrests per day quota.

Expert Analysis

  • DOE Grant Recipients Facing Termination Have Legal Options

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    Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Loophole To Budget Bill's AI Rule May Complicate Tech Regs

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    An exception in the One Big Beautiful Bill Act that could allow state and local governments to develop ostensibly technology-neutral laws that nonetheless circumvent the bill’s ban on state artificial intelligence regulation could unintentionally create a more complex regulatory environment for technologies beyond AI, says Pooya Shoghi at Lee & Hayes.

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

  • Prior Art Ruling Highlights Importance Of Detailed Elaboration

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    The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • OCC's Digital Embrace Delivers Risk, Opportunity For Banks

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    As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.

  • High Court Birthright Case Could Reshape Judicial Power

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    Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.

  • Justices Hand Agencies Broad Discretion In NEPA Review

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    By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.

  • Remediation Still Reigns Despite DOJ's White Collar Shake-Up

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    Though the U.S. Department of Justice’s recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Section 899 Could Be A Costly Tax Shift For US Borrowers

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    Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • The Sentencing Guidelines Are Commencing A New Era

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    Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.

  • The State Of Play For Bank Merger Act Applications

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    Both the Office of the Comptroller of the Currency's recent reversal of changes to its bank merger policies and the Federal Deposit Insurance Corp.'s rescission of its 2024 statement may be relevant for all banks considering a transaction, as responsibility for review depends on the identity of the parties and the transaction structure, say attorneys at Davis Polk.

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