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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
Defamation Litigation Roundup: Epstein, Macron, Lindell
In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.
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August 01, 2025
States Urge High Court To Keep NIH Grant Funds Flowing
A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
Army Inks 10-Year Agreement With Palantir Worth Up To $10B
The U.S. Army said a new 10-year enterprise agreement with Palantir Technologies Inc., worth up to $10 billion, will give it a streamlined and comprehensive framework to meet data and software needs.
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August 01, 2025
Marriott Affiliate Banquet Workers Claim OT, Break Violations
A Colorado hotel in the Marriott network failed to provide hundreds of banquet servers with rest breaks, leading to unpaid overtime, three workers said in a proposed class and collective action filed in state court.
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July 31, 2025
Dems Say DHS Visits Blocked Amid Reports Of Mistreatment
A dozen Democratic members of the U.S. House of Representatives sued the Trump administration in D.C. federal court over a new U.S. Department of Homeland Security policy that delays and prevents members of Congress from conducting visits to federal immigration detention facilities, where the lawmakers say there are growing reports of mistreatment, overcrowding and unsanitary conditions.
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July 31, 2025
Colo. Court Affirms Stalking Conviction In 'True Threat' Case
The Colorado Court of Appeals on Thursday declined to overturn the stalking and harassment convictions of a man who claimed his threatening emails to a police officer were protected First Amendment speech.
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Oil Exec Was Defamed, Wrongly Placed On Leave, Suit Says
The former CEO of an oil and gas company in Colorado has filed a complaint in state court against the company and its current CEO, claiming he was put on administrative leave without being informed of his alleged misconduct and was defamed by the new top executive.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Immigration Board Raises Bar To Fight State Drug Convictions
The Board of Immigration Appeals ruled that an individual fighting removal after being convicted on state drug charges has the burden of proving the law they were convicted under is broader than federal law to avoid deportation.
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July 30, 2025
Investor Seeks Injunction Of 'Unfair' $4 Billion Sitio Sale
Sitio Royalties Corp.'s $4 billion merger with Viper Energy Inc. is under fire in Colorado state court after a Sitio investor claimed that the merger will leave investors holding shares of Viper Energy that are "grossly undervalued."
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July 30, 2025
Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute
Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.
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July 30, 2025
Judge Presses Both Sides On Denver Wage Ordinance Fight
A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.
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July 30, 2025
8th Circ. Tosses Ruling Striking Binding NEPA Regulations
The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.
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July 30, 2025
Trump Official Denies Shutting Down FEMA Disaster Program
The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.
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July 29, 2025
States Sue To Block Feds' Demand For Benefit Recipient Data
Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.
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July 29, 2025
Trump Says High Court Rulings Undermine Wash. Halt On EOs
Recent decisions by the U.S. Supreme Court undermine a Washington federal judge's finding that portions of two executive orders concerning gender-affirming care and transgender identity likely violate the Constitution, the Trump administration argued in recent filings.
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July 29, 2025
Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now
The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.
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July 29, 2025
Colo. Sues PetSmart Over Allegedly Illegal 'TRAP' Contracts
PetSmart LLC is under fire from the state of Colorado, with the attorney general's office filing a complaint in state court on Tuesday claiming it tricked dog groomers into signing up for a "free" training program that included a "training repayment agreement provision" with fees of up to $5,500 if they left before working for two years.
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July 29, 2025
Ex-TTEC Worker Pushes For Cert. In Expense Coverage Suit
A former TTEC Services employee accusing the customer service technology company of failing to reimburse workers for computers and internet upgrades asked a Colorado federal judge on Monday to certify a proposed class and collective action, claiming Tenth Circuit precedent backs certification prior to a court considering arbitration agreements.
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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.
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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.
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July 28, 2025
Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs
Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.
Expert Analysis
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NFL Draft Incident Offers Remote Work Data Security Lessons
A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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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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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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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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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.