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Public Policy
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August 12, 2025
Fla. Apartment, Worker Escape Airman's Wrongful Death Suit
A Florida federal judge dismissed a lawsuit over the police shooting death of a U.S. Air Force airman against an apartment complex and an employee who dialed 911, saying that the complaint "sends the wrong message to the public."
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August 12, 2025
Trump Admin Sued Again Over Parole Program's End
The Trump administration has been hit with another challenge to its April mass cancellation of humanitarian parole in a proposed class action brought on behalf of more than 900,000 people who used a government app to set up appointments for admission to the United States.
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August 12, 2025
Senate, House Bills Look To Curb Counterfeit Imports
A bipartisan group of lawmakers has introduced a bill in both chambers of Congress aiming to combat counterfeit and pirated imports by allowing customs agents to share suspected counterfeit packaging and shipping information with intellectual property holders, e-commerce companies and goods transporters.
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August 12, 2025
Calif. Fantasy Sports Losses Not Economic Injury, DraftKings Says
DraftKings has asked a California federal court to toss a lawsuit accusing the sportsbook of skirting state gambling laws, arguing the plaintiffs have failed to show they suffered a legitimate injury or that the company provided them goods and services.
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August 12, 2025
Amazon's 'Dark Patterns' Expert Nixed From FTC Prime Suit
Amazon.com Inc. is down a key expert witness after a Washington federal judge ruled that an engineering consultant has offered nothing but his expertise and experience to argue the Federal Trade Commission wrongly accuses the retail giant of using "dark patterns" to trick users into Prime subscriptions.
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August 12, 2025
4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies
A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.
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August 12, 2025
Groups Urge IRS To Resist Pressure To Share Taxpayer Info
Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.
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August 12, 2025
Trump Nominates 5 To Mississippi, Alabama Federal Courts
President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.
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August 12, 2025
NM School Board Sues Feds Over Native American Bias Probe
A New Mexico school board is suing the U.S. Equal Employment Opportunity Commission and acting Chair Andrea Lucas, arguing they overstepped their authority by lodging an "overly broad and vague" Native American discrimination charge and probe against it.
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August 12, 2025
Forge Ahead On Cellphone Hearing Aid Rules, FCC Told
Federal rules need to be updated as soon as possible to align with an upcoming standard for hearing aid compatibility with cellphones, advocates for consumers with hearing loss said.
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August 12, 2025
DOL Yanks 2021 Guidance On Private Equity 401(k) Risks
The U.S. Department of Labor's employee benefits arm on Tuesday rescinded guidance from 2021 that warned 401(k) plan managers about the risks of investing in private equity, which comes after an executive order last week that called for expanding access to alternative asset classes in defined-contribution retirement plan investing.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
FTC Skeptical Of 'Partial' Sale For GTCR Merger Fix
The Federal Trade Commission told an Illinois federal court that enforcers are reviewing an offer by private equity firm GTCR BC Holding to sell parts of a medical device coatings company in order to fix concerns raised by the company's planned purchase of Surmodics, but said a full sale is preferable.
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August 12, 2025
FCC Urged To Ramp Up Mobile High-Cost Support
The Federal Communications Commission needs to reform its mobile support rules for subsidizing carriers in largely rural areas, a wireless trade group told the agency.
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August 12, 2025
Md. Judges Say DOJ Habeas Suit Wreaks 'Havoc' On Judiciary
The Maryland federal bench again moved to throw out the Trump administration's "disruptive affront" challenging a standing order that temporarily paused the removal of noncitizen detainees who filed habeas petitions, arguing Monday that the executive branch's suit fails to state a claim and "wreaks unprecedented havoc on the Judiciary."
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August 12, 2025
NJ Is Key Battleground In Fight Over Newborn Blood Tests
Newborn blood screening, a cornerstone of modern public health, is the focus of a debate over patient privacy, parental consent and what happens to the samples after initial tests are complete. A New Jersey court recently weighed in.
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August 12, 2025
Ex-Judges, DAs Blast DOJ Suit Over ICE Courthouse Arrests
New York district attorneys, legal aid groups, law professors and retired judges have expressed support for a state law that blocks federal immigration officials from making arrests near courthouses, calling it essential to a functioning justice system and urging the dismissal of a U.S. Department of Justice lawsuit challenging the law.
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August 12, 2025
DOJ Demurs On Lawsuit Seeking Emil Bove Docs
The U.S. Department of Justice is contesting a watchdog's lawsuit seeking to obtain public records requests on now-Third Circuit Judge Emil Bove, who was formerly President Donald Trump's criminal attorney and a top DOJ official.
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August 12, 2025
Trump's Tariffs Add Billions In Revenue, Think Tank Says
President Donald Trump's enacted tariffs are generating billions of dollars more in revenue when compared to duty collections prior to his taking office, and that revenue could be used to reduce the U.S. budget deficit, according to a recent analysis by the Committee for a Responsible Federal Budget.
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August 12, 2025
6th Circ. Says Officials' Cabin Search Violated 4th Amendment
The Sixth Circuit on Monday upheld a lower court's decision denying qualified immunity to Michigan officials who entered a family's property without a warrant or permission, ruling the mini cabins they inspected were protected as homes under the Fourth Amendment and the search was unreasonable.
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August 12, 2025
Petition Seeks FCC Files On Trump-Skydance Meeting
The head of an artificial intelligence streaming platform called on the Federal Communications Commission to release its findings on his complaint alleging improper lobbying by Skydance Media for its $8 billion merger with Paramount, claiming that Skydance planned an impromptu meeting with President Donald Trump at an April UFC fight.
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August 12, 2025
Maryland Says It's Immune To Hemp Cos.' Challenge To Regs
The state of Maryland and its regulators are urging a federal court to toss hemp companies' challenge to a state regulation requiring licenses for intoxicating hemp-derived products, saying the claims are blocked by sovereign immunity under the 11th Amendment.
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August 11, 2025
Utah Gov. Cox Escapes Ute Tribe's Bidding Scheme Suit
Utah's governor and other state officials won't have to face a challenge by the Ute Indian Tribe accusing them of a racist bidding scheme to prevent a land purchase, a federal judge ruled, finding the tribe failed to provide specific allegations tying them to the supposed conspiracy.
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August 11, 2025
Army Brass Grilled On Trump's Calif. Troop Deployment
A San Francisco federal judge overseeing a bench trial over California's claims that President Donald Trump unlawfully deployed military troops in the state dug into a U.S. Army commander's testimony Monday that soldiers were sent to help enforce immigration laws, even when the military's own assessment showed a low risk of violence or damage.
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August 11, 2025
GCI To Pay $10K To End Fed Probe Over Alaska Cable Permit
Alaska telecom GCI Communication Corp. will have to pay $10,000 for letting the cable landing licenses for one of its undersea cable systems expire, the Federal Communications Commission has announced.
Expert Analysis
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.