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Public Policy
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July 21, 2025
Energy Litigation To Watch In The 2nd Half Of 2025
Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.
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July 21, 2025
Builder Accuses NC County Of Losing $1.3M In Phishing Scam
A general contractor is suing to recoup the cost of renovating a county administrative building in eastern North Carolina after local officials fell for a phishing scam and sent more than $1.3 million in payments for the project to fraudsters, according to a state court complaint.
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July 21, 2025
California Invests $10M In Tribal College's Accreditation Push
A $10 million California budget allocation is bringing a Native American college one step closer to receiving federal tribal accreditation, which, in turn, will bring future employment, student financial grants and loan opportunities.
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July 21, 2025
JetBlue Says Fla. Used Unlawful Formula In Calculating Taxes
JetBlue urged a Florida state court on Monday to negate a $631,000 corporate tax assessment by the state's Department of Revenue, arguing that a component of the agency's formula for taxing out-of-state miles is inconsistent with federal law.
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July 21, 2025
COVID-19 Fraudster Can Keep His Pension, Conn. Judge Says
A former Connecticut firefighter who pled guilty in connection with a COVID-19 relief fund scam can keep the pension he earned through 26 years of service, a state trial court judge has ruled, pointing to the employee's otherwise clean record and comparatively lesser role in the scheme.
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July 21, 2025
States Say Noncitizen Benefit Restrictions Are Creating Chaos
A coalition of 20 Democratic-led states and the District of Columbia sued the Trump administration on Monday for "upending" noncitizens' access to publicly funded programs like Head Start and food banks.
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July 21, 2025
Trade Court Hits Importer With $3.4M Penalty Over Fraud
U.S. Customs and Border Protection is due to collect more than $2.4 million in duties plus interest and a $3.4 million civil penalty after the U.S. Court of International Trade determined in a recent opinion that a California-based importer falsely reported Chinese mattress springs were imported from Thailand.
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July 21, 2025
DC Circ. Strikes Down Gag Order On X Corp. Subpoenas
A D.C. Circuit panel has struck down a lower court's sweeping order blocking X Corp. from informing users about government data requests, with the appeals court finding the district court failed to identify specific harm that would come from keeping users in the loop.
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July 21, 2025
Ex-ComEd CEO Gets 2 Years For Burying Madigan Bribes
The former CEO of Commonwealth Edison and later Exelon Utilities was sentenced to two years in prison Monday for a scheme to pay millions to associates of ex-Illinois House Speaker Michael Madigan to secure his support for major energy legislation, and for hiding the nature of those payments to circumvent the company's internal accounting controls.
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July 21, 2025
EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit
The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.
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July 21, 2025
Stadium Deal Still On Despite Trump Threat, DC Officials Say
The mayor and City Council chair of Washington, D.C., said on Monday that they were focusing on their roles in approving the $3 billion plan for a new stadium for the NFL's Commanders, regardless of President Donald Trump's weekend threat to kill the deal if the team's racist former nickname was not brought back.
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July 21, 2025
States, Territories Get The OK For $42B In Broadband Grants
The U.S. Department of Commerce said Monday that all 56 states and territories taking part in a $42.5 billion expansion of U.S. broadband service can now begin picking contractors to get the work done on the ground.
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July 21, 2025
Officials' Intent Key In Visa Revocation Trial, Judge Says
A Massachusetts federal judge hearing a free-speech case stemming from the arrests of pro-Palestinian student activists said Monday he is grappling with whether immigration officials were carrying out an official Trump administration policy or using their own discretion to implement a broader set of priorities within the law.
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July 21, 2025
4th Circ. Reverses Portion Of Railroads' Broadband Suit
The Fourth Circuit has ruled that the Association of American Railroads has standing to challenge a Virginia state law requiring railroads to allow for broadband crossings, reversing a trial court decision and dealing another blow to a law that the Virginia Supreme Court already gutted on state constitutional grounds in May.
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July 21, 2025
Judge Allows Calif. Tribe In Casino Suit, Denies Dismissal Bid
A California tribe at the center of a dispute over a decision to take 70 acres into trust for its proposed Sonoma County hotel and casino project can intervene in the litigation, a federal judge said, while finding that the Indigenous nation cannot dismiss the case based on sovereign immunity.
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July 21, 2025
Feds Move To Drop Some Counts Against Texas Rep. Cuellar
The federal government on Friday moved to drop counts of a bribery indictment against U.S. Rep. Henry Cuellar and his wife, citing "prosecutorial discretion."
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July 21, 2025
DOL Rescinds ERISA Guidance On Citi Racial Equity Program
The U.S. Department of Labor rescinded a Biden-era opinion letter Monday that had backed Citi's commitment to pay fees for diverse investment managers overseeing Citi-sponsored benefit plans regulated by the Employee Retirement Income Security Act, saying the letter no longer reflected the department's views.
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July 21, 2025
Not So Fast: CFPB Shelves Bid To Scrap State Notice Rules
The Consumer Financial Protection Bureau on Monday withdrew a plan to repeal rules that regulate how state officials are supposed to alert it before suing companies under its federal enforcement authority, reversing course after industry groups lobbied to tighten, not toss, the requirements.
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July 21, 2025
NJ US Atty Accused Of Ethics Violations Amid Possible Exit
A group of ethics experts and former presidential advisors requested an ethics investigation into interim U.S. Attorney for New Jersey Alina Habba on Monday, as she reportedly approaches the end of her run as the top federal prosecutor in the Garden State.
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July 21, 2025
Ruger Says Colo. Shooting Suits Can't Lean On Conn. Ruling
Sturm Ruger & Co. on Monday asked a Connecticut state judge to strike lawsuits by the families of the victims of a Colorado mass shooting, saying litigation from the Sandy Hook massacre does not open the Constitution State's unfair trade practices statute to all advertising-based claims against gunmakers.
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July 21, 2025
Trump DOJ To Appeal Axing Of Order Targeting Jenner & Block
The U.S. Department of Justice plans to fight a federal judge's ruling that struck down President Donald Trump's executive order targeting Jenner & Block LLP, as it filed a notice of appeal Monday in D.C. federal court.
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July 21, 2025
Trump Admin's Harvard Cuts Vex Judge: 'Staggering To Me'
A Massachusetts federal judge said Monday that the Trump administration has not presented evidence that Harvard has failed to address antisemitism on its campus and expressed bewilderment at the government's legal justifications for cutting $2.2 billion in funding.
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July 21, 2025
Top 4 Texas Cases To Watch: A Midyear Report
Several major cases are taking shape in the Lone Star State, including the Southwest Airlines Pilots Association's suit seeking to hold Boeing accountable for lost revenue after the 737 Max was grounded, as well as the continuing fallout of a former Houston judge's romance scandal that could cost a Texas firm millions of dollars. Here's a look at the top cases to watch in Texas through the rest of the year.
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July 21, 2025
Senate Panel To Revote On US Atty Noms After Dem Walkout
The Senate Judiciary Committee is poised to revote on five U.S. attorney nominees on Thursday, including Jeanine Pirro, former Fox News host and New York state judge, after Democrats walked out of last week's meeting over objections to how the consideration of controversial Third Circuit nominee Emil Bove was being handled.
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July 21, 2025
How Criminal Law Is Shaped By Administrative Decisions
Behind line prosecutors are administrators, policies, and day-to-day logistics that enable and shape not only prosecutors' work but trends in how justice is administered throughout the country, according to a New York University School of Law professor and researcher.
Expert Analysis
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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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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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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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.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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Best Practices For State Banks Eyeing Federal Conversions
Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.