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Public Policy
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July 11, 2025
DOJ Slams 'Stingy' Reading Of Trump's Border Authority
Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.
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July 11, 2025
Pa. House OKs State Actions To Combat False Claims
Pennsylvania would allow the state's attorney general to pursue actions against people who make false claims to use state programs under a bill passed by the state House of Representatives.
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 11, 2025
Judge Upholds NYC Law Blocking Broker Fees For Tenants
A New York federal judge has refused to preliminarily block a New York City law that bans broker fees for landlord brokers under specific circumstances.
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July 11, 2025
Judge Lifts 2-Year Stay In Okla. Tribal Gambling Compact Row
A D.C. federal judge has lifted a two-year stay in four Oklahoma tribes' challenge to the state and federal government over gambling compacts, while denying their request for Interior Department documents related to the agency's approval of the agreements.
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July 10, 2025
9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute
A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.
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July 10, 2025
Nonprofit Calls For Halt To Portland's Labor Peace Policy
A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.
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July 10, 2025
Trump Taps Holland & Hart Partner For Montana Bench
President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.
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July 10, 2025
Fla. Lawmakers Sue DeSantis Over Detention Center Access
Democratic state lawmakers in Florida sued Gov. Ron DeSantis on Thursday to demand access to the new immigrant detention center in the Everglades the lawmakers say they were blocked from visiting last week.
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July 10, 2025
HHS Narrows Health Benefits Available To Noncitizens
The U.S. Department of Health and Human Services on Thursday announced that immigrants living in the country without legal authorization and other noncitizens will no longer be eligible for benefits under Head Start and a host of other federal healthcare programs, based on the agency's reinterpretation of a 1996 social welfare law.
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July 10, 2025
Judge Mulls 48-Hour Hold To Protect Abrego Garcia's Rights
An Immigration and Customs Enforcement official testified Thursday that Kilmar Abrego Garcia would be taken into custody as soon as he's released from U.S. Marshals Service custody in Tennessee, but that no determinations had yet been made about where the government might seek to deport him then.
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July 10, 2025
Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.
A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.
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July 10, 2025
'Admonition' But No More Amazon Penalty For Hidden Docs
A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.
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July 10, 2025
Pa. High Court Takes Up Appeal Over Criminal Gun Rights
The Pennsylvania Supreme Court has agreed to hear the appeal of a man who is accused of attempted murder and weapons charges and consider whether the weapons charges are at odds with the U.S. Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen.
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July 10, 2025
Fed Floats Revision Of Large Bank Rating Framework
The Federal Reserve on Thursday floated a proposed revision to its supervisory rating framework that would allow large bank holding companies to retain a certain stamp of regulatory approval even if they receive a low rating in one area of assessment.
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July 10, 2025
SEC's Peirce Says Tokenized Security Issuers Must Heed Law
The U.S. Securities and Exchange Commission's Hester Peirce is cautioning market participants that issuers of digital versions of securities, often described as tokenized securities, must comply with federal laws even as they pursue innovation.
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July 10, 2025
NJ Developer Charged With Fraud, Bribing Local Official
A New Jersey real estate investor and developer has been indicted on a raft of charges for allegedly running a Ponzi-like investment fraud scheme, conspiring to launder drug proceeds, laundering money represented to be drug proceeds as part of a sting operation and bribing a New Jersey politician.
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July 10, 2025
Island Community Gets NJ High Court Ruling To Switch Towns
A barrier island community has met all legal requirements to formally separate from a Garden State township and join a neighboring borough, the New Jersey Supreme Court unanimously ruled Thursday, ending a decade-long legal battle over local governance, geography and fairness in public services.
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July 10, 2025
DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices
The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."
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July 10, 2025
Tegna To Pay $222K To Resolve FCC Probe Into Obscene Video
Broadcast giant Tegna has agreed to pay more than $222,000 to put an end to an inquiry that began almost four years ago when an unknown party played a 13-second pornographic video clip during an evening weather report on a Spokane, Washington, news station.
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July 10, 2025
8th Circ. Won't Pause ND Tribes' Voting Rights Decision
The Eighth Circuit on Thursday denied a bid by two North Dakota tribes to stay its decision to vacate a challenge to two of the state's voting laws while the ruling is appealed to the U.S. Supreme Court.
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July 10, 2025
DHS Official Walks Back Testimony On Deportation Leads
A U.S. Department of Homeland Security official testified in Massachusetts federal court on Thursday that he was only "speculating" when he said during a deposition last month that the offices of border czar Tom Homan and U.S. Homeland Security Secretary Kristi Noem were behind a decision to use pro-Israel websites to source leads on potential deportation targets.
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July 10, 2025
Student Loan Lender Settles AI Bias, Fair Lending Claims
Massachusetts Attorney General Andrea Joy Campbell on Thursday said her office has reached a $2.5 million deal with a Delaware-based student loan company to settle allegations that it utilized artificial intelligence models that could disproportionately harm Black and Hispanic applicants.
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July 10, 2025
Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana
Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.
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July 10, 2025
House Dem Says FCC Must Follow Law On DEI Probes
A House Democrat who helps oversee the Federal Communications Commission says agency chief Brendan Carr must avoid any hint of targeting companies' diversity initiatives for political reasons rather than legal rationale against discrimination.
Expert Analysis
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.