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Public Policy
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July 09, 2025
Ohio Officials Sued Over $600M In Funds For Browns Stadium
The transfer of $600 million in unclaimed property funds to the Cleveland Browns to help finance a proposed new suburban stadium for the NFL team is an "unconstitutional and unlawful misappropriation of private property,'' a group of unclaimed-property owners alleged in a proposed class action in Ohio state court against several state officials.
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July 09, 2025
USPTO Defends Termination Of Art Project Patent App
The U.S. Patent and Trademark Office on Wednesday defended its decision to sanction an art kit company that hired a patent services business that used a licensed practitioner's signature in a patent application without permission, saying it had the authority to terminate the application.
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July 09, 2025
FCC Targets Older Regulations On Phone Service 'Slamming'
The Federal Communications Commission will take a close look during its July meeting at whether to consolidate or even scrap a bevy of rules against "slamming," or the unauthorized switching of phone services to a new provider.
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July 09, 2025
7th Circ. Nixes Rail Sharing Order Power For Subpar Service
Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.
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July 09, 2025
EPA Sued Over Oil Refineries' Hydrogen Fluoride Use
A group of environmental advocates has hauled the U.S. Environmental Protection Agency into California federal court to stop the use of hydrogen fluoride in domestic oil manufacturing refineries, arguing it's endangering the public and the Toxic Substances Control Act requires that the agency eliminate those risks through regulations.
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July 09, 2025
DOJ Atty Floats Axing Removal Law As Only Fix For Adversaries
A U.S. Department of Justice attorney suggested that killing the expedited removal statute, which enables the swift expulsion of unauthorized immigrants, is the only hypothetical relief that a court can offer a group challenging President Donald Trump's expansion of the law.
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July 09, 2025
LA County, Cities Want In On Immigration Enforcement Suit
Los Angeles County and several of its cities have urged a California federal court to let them join a proposed class action that seeks to stop the Trump administration from continuing what officials say are unconstitutional immigration raids in their communities.
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July 09, 2025
Water Co. Can't Charge Customers $42M, Conn. Justices Say
State regulators lawfully rejected Eversource subsidiary Aquarion Water Co. of Connecticut's 2022 request to increase rates by $42 million to pay for plant additions, but they wrongly scuttled the utility's $1.5 million bid to recover conservation expenses, the Connecticut Supreme Court ruled Wednesday.
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July 09, 2025
Suit Challenges Colo. Abortion Parental Notice Law
An OB-GYN asked a Colorado state judge on Tuesday to block the state's requirement for minors seeking an abortion to give notice to a parent, saying it runs afoul of a 2024 amendment to the Colorado Constitution.
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July 09, 2025
DOJ Says Calif.'s Trans Student Athlete Policies Violate Title IX
The U.S. Department of Justice on Wednesday accused the California Department of Education of illegally discriminating against cisgender female student athletes by allowing transgender girls to compete on girls' high school sports teams.
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July 09, 2025
Red States Want In On Youths' Suit Over Trump Energy Orders
A coalition of Republican states led by Montana asked a federal court Tuesday for permission to intervene in a lawsuit brought by youths challenging President Donald Trump's recently enacted fossil fuel policies.
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July 09, 2025
Plan Administrator Seeks To Toss Union's Pension Error Suit
A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.
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July 09, 2025
7th Circ. Revives Deputy's Retaliation Suit Over Election Feud
The Seventh Circuit reinstated a sheriff's deputy's retaliation suit claiming he wasn't promoted because he criticized his boss while attempting to unseat him as sheriff, ruling the lower court failed to credit evidence that the sheriff admitted sabotaging the deputy's career when finding the case was untimely.
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July 09, 2025
Supreme Court Denies Fla. Bid To Enforce Immigration Law
The U.S. Supreme Court on Wednesday denied Florida's request to lift a block on a state law that criminalizes the entry of unauthorized immigrants into the state, leaving in place a ruling that the law is likely preempted by the federal Immigration and Nationality Act.
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July 09, 2025
NY School District Faces Civil Rights Probe Over Mascot Ban
The U.S. Department of Education said it's investigating a Long Island, New York, school district for civil rights violations for working to remove its Native American mascot and imagery under a state law banning the symbols.
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July 09, 2025
DHS Used Pro-Israel Sites To Target Activists, Official Testifies
A mid-level U.S. Department of Homeland Security official told a Massachusetts federal court on Wednesday that the agency relied in part on pro-Israel websites that post dossiers on individuals deemed to support Palestine to identify potential targets for visa and green card revocations.
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July 09, 2025
1st Woman On Montana's US Court To Take Senior Status
U.S. District Judge Susan P. Watters of the District of Montana, who was the first woman appointed to that court, has announced that she will take semiretired status next year.
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July 09, 2025
DA Willis Urges Ga. Justices To Ax Trump Case Testimony Bid
Fulton County District Attorney Fani Willis urged the Georgia Supreme Court on Tuesday to toss a subpoena seeking her testimony from the state Senate committee that was investigating her relationship with a special prosecutor during her prosecution of President Donald Trump in an election interference case, arguing the panel is "seeking to 'try' the district attorney in public."
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July 09, 2025
Businesses, States Tell Fed. Circ. Trump's Tariffs Are Unlawful
The U.S. Court of International Trade correctly determined President Donald Trump's emergency tariffs were improperly imposed under a law that makes no mention of the trade mechanism, a group of states and small businesses told the Federal Circuit, arguing that the duties should be limited under another law.
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July 09, 2025
3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.
Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.
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July 09, 2025
FDA Gets Early Win In Blue States' Abortion Pill Suit
A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.
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July 09, 2025
5 Years Ago, The McGirt Ruling Reshaped Tribal Jurisdiction
It was widely held for decades that Oklahoma had domain over criminal matters on tribal lands, but five years ago, the U.S. Supreme Court turned that regime on its head, finding 19th century federal treaties with the Creek Nation that formed its reservation are valid — and, in turn, reestablishing 45% of the Sooner State as Indian Country.
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July 09, 2025
T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal
T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.
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July 09, 2025
Former SEC Officials Discuss Agency's New Priorities
Though swift regulatory and enforcement changes at the U.S. Securities and Exchange Commission have created a more business-friendly environment, three agency veterans now at Gibson Dunn & Crutcher LLP caution to watch out for compliance landmines.
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July 09, 2025
Mich. Judge Tosses Challenge To State Medicaid Abortion Ban
A Michigan judge has dismissed a challenge to the state's ban on Medicaid coverage for abortions, finding a nonprofit organization that offers financial assistance to women seeking abortions lacked standing.
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.