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Public Policy
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July 31, 2025
Capital One Says It Is Disputing FDIC Underpayment Claim
Capital One told investors on Thursday that the Federal Deposit Insurance Corp. is trying to make it pay a greater share of cleanup costs from the 2023 regional banking crisis after taking issue with its call reporting, an effort the bank said it is pushing back on.
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July 31, 2025
Fla. Appeals Court Says Miami Election Delay Unconstitutional
A Florida state appeals court ruled Thursday that Miami's decision to push municipal elections back by a year via ordinance is unconstitutional because both the city and county charters require such a change to be done by voter referendum.
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Judge Rejects Hemp Interests' Bid To Halt Md. Pot Policy
A Maryland federal judge has declined to halt enforcement of a state policy that requires hemp retailers to obtain recreational cannabis licenses, saying the hemp interests that sought the injunction lacked standing and were unlikely to succeed on their claims.
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July 31, 2025
GOP Bill Would Give President More Power Over US Atty Picks
The Trump administration has used maneuvers to keep interim U.S. attorneys in place beyond their statutory time limit, which detractors say subverts the Senate's advice and consent role. A bill that two Republican senators introduced on Thursday would shift more power over the process to the president.
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July 31, 2025
Senate Panel OKs Bill To Elevate Tribal Border Agents' Roles
The U.S. Senate Committee on Homeland Security and Governmental Affairs has advanced a bill aimed at strengthening border security and expanding career opportunities for Native American law enforcement agents on tribal lands through the Shadow Wolves program.
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July 31, 2025
11th Circ. Revives American Airlines Cuban Property Suit
The Eleventh Circuit has sent back to lower court a Miami man's suit claiming that American Airlines illegally benefited when using a Havana airport he says the Cuban government stole from his family in 1959.
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July 31, 2025
FCC Urged To Review Delay On New Prison Phone Rate Rules
Inmate-rights advocates are calling on the Federal Communications Commission to reconsider its delay of new prison phone rate rules In June, arguing that no one asked for the blanket two-year pause and that no notice and comment process was undertaken.
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July 31, 2025
NJ Town Knocks Out Worker's $1.6M Disability Bias Win
A New Jersey appellate court scrapped a $1.6 million verdict Thursday for a township employee who said she was discriminated and retaliated against for taking leave to treat her anxiety, ruling the evidence presented at trial didn't justify the damages award.
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July 31, 2025
Fed. Circ. Judges Cast Doubts On Trump Tariff Powers
Several Federal Circuit judges raised concerns about whether President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act override constitutional and congressional authority during oral arguments Thursday in their questions to better understand the extent of the appeals court's review.
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July 31, 2025
Judge Nixes IRS' Renewed Bid To Dismiss Tax Refund Suit
A North Carolina federal judge denied the Internal Revenue Service's renewed attempt to dismiss a tax refund suit for lack of jurisdiction, saying the repeated motions to drop the case would prevent the district court from proceeding to the discovery phase in the litigation.
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July 31, 2025
FCC Reversing Gains On Broadband Study, Groups Say
Public interest groups say the Federal Communications Commission is poised to reverse progress that it made in recent years in gauging the affordability and adoption of broadband service across the country.
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July 31, 2025
Vistra Pays $38M To End FERC Market Manipulation Case
Vistra Corp. has agreed to pay $38 million to end long-running Federal Energy Regulatory Commission litigation alleging that affiliate Dynegy Inc. manipulated electricity capacity auction rules in 2015, which led to consumers being unjustly overcharged.
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July 31, 2025
Full FCC Hearing Sought On T-Mobile, UScellular Tie-Up
Several trade and public interest groups urged the Federal Communications Commission to hold a full agency review of T-Mobile's plan to take over most of UScellular after FCC staff gave the deal a green light almost three weeks ago.
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July 31, 2025
Seattle Sues Trump Administration Over Anti-DEI Grant Terms
The city of Seattle sued the Trump administration in Washington federal court on Thursday, targeting two executive orders that require federal funding recipients to adopt the president's stances on diversity efforts and gender or risk losing money for a range of critical causes.
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July 31, 2025
18 GOP Sens. Urge Trump To Fill IP Negotiator Post
Eighteen Republican U.S. senators urged President Donald Trump to appoint someone to the vacant role of chief innovation and intellectual property negotiator of the U.S. Trade Representative in order to work to remove what they called "market-distorting price controls" in the pharmaceutical industry.
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July 31, 2025
HHS Plans To Test Rebates In 340B Drug Pricing Program
The Trump administration on Thursday announced plans for a pilot project that would allow certain drugmakers to abandon upfront discounts in the 340B program and instead require hospitals to apply for rebates, testing an idea that would fundamentally reshape the long-running program.
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July 31, 2025
Firefighter Says Military Service Cost Her Pay, Opportunities
The Jersey City, New Jersey, fire department shorted a firefighter on pay and pension benefits while she was out on military leave and deprived her of opportunities upon her return to work, according to a lawsuit filed in state court.
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July 31, 2025
Judges Speak Out On Rising Threats Amid Safety Concerns
Federal judges who have been at the center of some of the most high-profile litigation of the second Trump administration spoke publicly Thursday about threats they've faced after their rulings.
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July 31, 2025
Mass. Court Allows Consecutive Resentencing In Murder Case
Massachusetts' highest court has ruled that prosecutors may seek two consecutive life sentences with parole eligibility in a double murder case after outlawing life without parole sentences for defendants who committed crimes between the ages of 18 and 20-years-old.
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July 31, 2025
Mexico Gets 90-Day Tariff Extension As US Deadline Nears
President Donald Trump announced a 90-day extension of existing tariffs on Mexico on Thursday, a day before a pause on worldwide trade measures is set to expire.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Nadine Menendez Loses Bid To Toss Bribery Conviction
The wife of former U.S. Sen. Robert Menendez failed Thursday in her effort to overturn her conviction in a sweeping federal corruption case as a Manhattan federal judge ruled that the evidence against her was both extensive and compelling.
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July 31, 2025
9th Circ. Upholds Google's Play Store Antitrust Trial Loss
A Ninth Circuit panel Thursday affirmed Epic Games' 2023 antitrust jury trial win, along with an injunction requiring Google to open its Google Play Store to rivals, backing a landmark finding that Google monopolized the Android app-distribution market.
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July 31, 2025
Sens. Draft Bill To Combat Foreign Online Piracy
A bipartisan group of senators introduced a discussion bill for a law that would allow American copyright holders to petition federal courts for orders against foreign-hosted websites that host pirated content.
Expert Analysis
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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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.