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Public Policy
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July 15, 2025
FTC Says Merger Penalty Deal In The Works With 7-Eleven
The Federal Trade Commission is inching closer to a settlement with 7-Eleven in its suit seeking to slap the convenience store chain with a $77.5 million penalty for violating a settlement that it inked with the agency in order to get a merger approved back in 2018.
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July 15, 2025
Miami Candidate Sues To Undo Postponed Elections
A Miami businesswoman running for city office has sued to undo the postponement of the November municipal elections, alleging that an ordinance passed by elected officials to delay the elections for up to a year violates the Florida Constitution.
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July 15, 2025
PCAOB Chief Erica Williams Has Resigned, SEC Chair Says
Erica Y. Williams has resigned as chair and a board member of the Public Company Accounting Oversight Board after more than three years in the position, according to a statement issued Tuesday by U.S. Securities and Exchange Commission Chairman Paul S. Atkins.
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July 15, 2025
Convicted Ill. Speaker Seeks Release Pending Bribery Appeal
Former Illinois speaker Michael Madigan asked a federal judge Monday to let him stay out of prison after his recent public corruption conviction, arguing that the Seventh Circuit's input on several legal issues could require a new trial.
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July 15, 2025
House Passes Bill To Codify FCC Network Security Council
The U.S. House of Representatives passed a bill Tuesday that would cement into law a federal advisory panel on network security.
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July 15, 2025
The Biggest IP Agency Developments Of 2025: Midyear Report
The U.S. Patent and Trademark Office and the U.S. Copyright Office have not been spared from the Trump administration's shake-ups and changes across the federal government in the first half of the year.
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July 15, 2025
Gould Sworn In As Comptroller Of Currency
Former Jones Day partner Jonathan Gould on Tuesday was sworn in as the next leader of the Office of the Comptroller of the Currency, marking his return to the agency where he spent more than two years as chief counsel.
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July 15, 2025
Split 4th Circ. Rejects GenBioPro Abortion Ban Challenge
A split Fourth Circuit panel on Tuesday rejected GenBioPro's challenge to a West Virginia law banning medication abortion with narrow exceptions, with the majority finding the ban does not conflict with federal regulators' statutory authority to impose safety requirements on drug manufacturers.
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July 15, 2025
3rd Circ. Backs FAA's Civil Penalty Actions Post-Jarkesy
The Third Circuit on Tuesday backed the Federal Aviation Administration's adjudicatory authority to impose civil penalties for air safety rules violations, saying in a precedential ruling that the U.S. Supreme Court's Jarkesy decision doesn't entitle a paint supplier to a jury trial in a case stemming from a leaky paint can on a FedEx plane.
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July 15, 2025
FCC Hunts For Customer Info On Cellcom Network Outage
Regional wireless service provider Cellcom's mid-May network outage has prompted a public inquiry by federal regulators who want to know how customers handled their inability to make or receive texts and calls.
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July 15, 2025
House Lawmakers OK Bill To Block DOJ Rescheduling Pot
A Republican-led House subcommittee approved language Tuesday that would stop the U.S. Department of Justice from loosening federal restrictions on marijuana through the administrative process.
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July 15, 2025
FDIC Floats Rule 'Indexing' Plan In Deregulatory Blitz
The Federal Deposit Insurance Corp. has unveiled plans to begin automatically raising dollar thresholds used to determine which compliance requirements apply to banks, part of a broader raft of deregulatory measures that agency leaders advanced on Tuesday.
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July 15, 2025
EPA Defends Ending Enviro Justice Grants
The U.S. Environmental Protection Agency has asked a federal judge to dismiss a proposed class action filed by environmental groups, a Native American village and other local governments, alleging the EPA unlawfully stopped $3 billion in climate grant funding.
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July 15, 2025
Feds Urge Calif. Judge To End Suit Over Border Patrol Sweep
The U.S. government moved Tuesday to end a proposed class action alleging Border Patrol agents conducted race-based stops and warrantless arrests of people who appear to be farmworkers, arguing the government has required agents to evaluate flight risks and reasonable suspicion for stops, which renders the suit's claims moot.
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July 15, 2025
FTC Still Bans Ex-Pioneer CEO From Exxon Board, For Now
If the current Federal Trade Commission upends Biden-era Democrats' ban on the former CEO of Pioneer from serving on Exxon's board, it will be on the now-Republican-led commission's own volition rather than through a petition by the executive.
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July 15, 2025
9th Circ. Rejects Sentencing Enhancement In Gun Case
A Washington state federal court should not have applied a sentencing enhancement in the case of a man who handed a gun to someone who later used it to shoot an undercover federal agent, the Ninth Circuit said Monday, finding there wasn't proof his five-second hold on the weapon emboldened the shooter.
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July 15, 2025
FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling
The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.
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July 15, 2025
Harrah's Accused Of Firing Supervisor Over Health Issues
A housekeeping supervisor said Harrah's Resort Atlantic City used flimsy reasoning to fire her after she sought time off for multiple health problems in a complaint filed in New Jersey federal court.
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July 15, 2025
Trump Says US Has Struck Trade Deal With Indonesia
President Donald Trump announced Tuesday that the U.S. has reached a trade deal with Indonesia that includes a 19% tariff on all goods exported by the Southeast Asian country to the U.S., while American goods exported there will be free of tariffs.
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
11th Circ. Rules Inmate's Suit Against Nurse Was 'Malicious'
The Eleventh Circuit upheld the dismissal of a lawsuit from a man incarcerated in Florida accusing a nurse practitioner of an Eighth Amendment violation, saying the lower court was right in tossing the complaint after deeming it "malicious" because he failed to disclose two prior legal actions.
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July 15, 2025
Afghan's Challenge To Biden Asylum Rule Is Moot, DOJ Says
The Trump administration has moved to toss an Afghan's challenge to Biden-era asylum regulations, telling a D.C. federal judge he no longer has standing after a second negative credible fear interview found him ineligible for asylum.
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July 15, 2025
Take New Spectrum Auction Powers Out For Spin, Feds Told
Telecom regulators need to act quickly to open a critical portion of midband airwaves to wireless companies while ensuring safeguards to block any interference with aircraft safety equipment using a nearby band, a mobile services group said this week.
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July 15, 2025
Grassley Rejects Dems' Push For 2nd Hearing On Emil Bove
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday rebuffed the request from Democrats on his committee for the whistleblower who made claims regarding Third Circuit nominee Emil Bove to testify and said the committee will proceed with the vote on Bove's nomination Thursday.
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July 15, 2025
5th Circ. Says Media Matters Can Challenge X Suit Venue
The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.
Expert Analysis
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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.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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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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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Breaking Down Part 3 Of The Copyright Office's AI Report
On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.