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Public Policy
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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.
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July 15, 2025
High Court Term Yields Gains For Criminal Defendants
The U.S. Supreme Court addressed several contentious issues this term, with the conservative majority prevailing in numerous high-profile cases. Yet, in a notable trend, the court also issued multiple rulings favorable to criminal defendants, including expanding prisoners' rights in civil lawsuits and reinforcing due process protections in capital cases.
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
Michigan Cases To Watch In The 2nd Half Of 2025
Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.
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July 15, 2025
Bankruptcy Experts Call For Reset On Sub V, Student Debt
A group of judges and bankruptcy experts told a congressional panel Tuesday that a reset is needed for the eligibility cap for Subchapter V bankruptcies and the standards for discharging student loan debt.
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July 15, 2025
Judge Lays Out New Framework For Refugee Admissions
A Washington federal judge established a framework for determining which refugees should be admitted to the country, despite President Donald Trump's executive order dismantling the U.S. Refugee Admissions Program.
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July 15, 2025
Ex-Prosecutor With IP Roots Tapped To Lead NJ Watchdog
The New Jersey State Commission of Investigation has appointed Bruce P. Keller, a former Debevoise & Plimpton LLP intellectual property partner who went on to fight the appeal of two "Bridgegate" figures as a federal prosecutor, as its new executive director following months of leadership controversy.
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July 15, 2025
Advocates Turn To Florida High Court For Bondi Ethics Probe
A group of attorneys, law professors and former judges asked the Florida Supreme Court on Tuesday to order the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct.
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July 15, 2025
Agents Say Arrest Orders Came From Top In Free Speech Trial
Four current or former Homeland Security Investigations supervising agents told a Massachusetts federal judge on Tuesday that orders to locate and arrest student activists whose legal status in the United States had been revoked came from higher-ups, including via memos directly from the State Department — an unusual procedure for an agency that typically deals with criminal activity.
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July 15, 2025
Denver Defends Affordable Housing Fees, Citing Alternatives
The city of Denver has urged a Colorado federal court to toss a homebuilder's suit challenging the constitutionality of an affordable housing fee for new development, arguing the developer's claims overlook a clause that allows it to construct affordable housing as an alternative.
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July 15, 2025
Funding 'Crisis' Jeopardizes Indigent Defense, Judiciary Says
The judiciary rang the alarm on Tuesday that funding has been exhausted for the private attorneys who represent indigent federal criminal defendants, and this predicament is expected to last for three months.
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July 15, 2025
Calif. Legislature OKs Retroactive Solar Property Exclusion
California would allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill passed by the state Senate and sent to Democratic Gov. Gavin Newsom for approval.
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July 15, 2025
Law Curbing Arbitration Keeps AutoNation Bias Suit In Court
AutoNation Inc. can't arbitrate a former sales associate's lawsuit claiming supervisors treated her differently because she's an older Black woman and made sexual comments in the workplace, a California state appeals court ruled, saying her case is shielded by a federal law prohibiting mandatory arbitration of sex harassment cases.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 15, 2025
Jeanine Pirro's $11M Net Worth Revealed In Disclosure
Former judge and Fox News host Jeanine Pirro, nominee for U.S. attorney for the District of Columbia, has a net worth of over $11 million, according to a financial disclosure obtained by Law360 on Monday.
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July 15, 2025
Baker Donelson Merges Policy Group With Its Advisory Firm
Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it has merged its public policy practice with its subsidiary, The Daschle Group, to form a bipartisan strategic consulting firm staffed with 20 attorneys and non-attorney professionals.
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July 15, 2025
DC Circ. Backs Dismissal Of Green Orgs' Drilling Permit Suit
The D.C. Circuit on Tuesday rejected environmental groups' challenge to the approvals of thousands of federally approved oil and gas drilling permits in New Mexico and Wyoming, finding that a lower court was right to find they lacked standing.
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July 15, 2025
3rd Circ. Says Risk Of Harm Justifies Disarming Pot User
The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.
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July 15, 2025
Pa. Senate Bill Seeks To End School District Property Taxes
Pennsylvania would propose an amendment to the state constitution to eliminate school districts' authority to levy or collect property taxes after June 30, 2029, under a bill introduced in the state Senate.
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July 15, 2025
Small Carriers Caught Off Guard By Demand-Free T-Mobile OK
Rural wireless carriers appeared stunned by the feds' recent decision to let T-Mobile absorb most of UScellular without setting new requirements meant to protect their service areas, but they aren't the only ones dismayed by the turn of events.
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July 15, 2025
UnitedHealth, Optum Accused Of Pregnancy Discrimination
Optum Care Inc. and parent company UnitedHealth Group fired a care team supervisor while she was on maternity leave without a tangible reason, according to a suit lodged in California state court.
Expert Analysis
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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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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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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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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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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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.