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Public Policy
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August 18, 2025
9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants
A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.
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August 18, 2025
Unions Attack Gov't's Bid To Nix Federal Firings Dispute
Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.
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August 18, 2025
Monsanto Reaches Terms To Settle Wash. School PCB Torts
Monsanto has come to tentative settlement terms to end claims from roughly 200 people who say they developed various health problems from chemical contamination at a Washington state school site, parent company Bayer AG said Monday.
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August 18, 2025
Texas Judge Stays PWFA Suit After 5th Circ. Decision
A Texas federal judge on Monday stayed a challenge to the Pregnant Workers Fairness Act after the Fifth Circuit ruled in a separate case that the U.S. Equal Employment Opportunity Commission could enforce the law.
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August 18, 2025
FTC Targets Ticket Resellers Over Eras Tour Sales Meltdown
The Federal Trade Commission on Monday sued ticket brokers in Maryland federal court for allegedly snatching up hundreds of thousands of Taylor Swift 'Eras Tour' tickets and selling them at high markups after bypassing Ticketmaster's purchase limit rules and verification processes by using fake accounts and spoofed IP addresses.
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August 18, 2025
College And Students Take Texas Dream Act Suit To 5th Circ.
A Texas federal judge has ruled that bids by a state community college and a student association to intervene in a suit challenging a Texas law allowing in-state tuition for unauthorized immigrants would be "legally futile," prompting their appeal to the Fifth Circuit.
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August 18, 2025
Colo. AG Blasts FCC's T-Mobile, Skydance Approvals
Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.
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August 18, 2025
Mexican Bank Sues Treasury Over Opioid Order Death Knell
Mexico-based bank CIBanco has sued the U.S. Department of the Treasury and its criminal enforcement wing for cutting off its access to the U.S. financial system through an order aimed at combating opioid trafficking, arguing it faces an "imminent demise" if it doesn't get the chance to show the regulator's allegations are false.
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August 18, 2025
Fla. Judge Trims Suit Over Atty Access To Detention Center
A Florida federal judge on Monday trimmed a proposed class action complaint against the Everglades immigration detention center alleging attorney access to detainees and court proceedings have been denied, saying that a ruling on a Fifth Amendment violation would be moot after federal officials specified the court with administrative responsibility over the facility.
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August 18, 2025
NC Sheriff's Office Must Hand Over Officer Names In Raid Suit
A North Carolina federal judge has ordered a county sheriff's office to turn over the names of officers involved in a midnight raid on a home they incorrectly believed was harboring a suspected carjacker.
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August 18, 2025
NY Cannabis Regulators Sued Over Proximity Rule Change
New York cannabis dispensaries are suing state regulators claiming they have changed the minimum distance their businesses need to be from a school and ordered them to move or lose their licenses, threatening millions of dollars in investments and the "life savings" of many entrepreneurs.
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August 18, 2025
Pittsburgh Balks At Developer Joining Inclusive Zoning Fight
The city of Pittsburgh is urging a Pennsylvania federal court to reject a real estate trade association's bid to stop the city from enforcing an inclusionary zoning ordinance, arguing that the trade association is trying to block the ordinance on behalf of a private developer.
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August 18, 2025
Tribe, Groups Appeal Oak Flat Land Exchange To 9th Circ.
The San Carlos Apache Tribe and environmental groups have filed a Ninth Circuit appeal looking to overturn an Arizona federal court judge's decision that denied their bid to block the transfer of 2,500 acres to a copper mining company that they say will crater an ancient Indigenous worship site.
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August 18, 2025
Fired DOJ Antitrust Deputy Warns Of Lobbyist Influence
The former top deputy for the U.S. Department of Justice Antitrust Division, Roger P. Alford, defended the agency's leadership Monday while calling out a pair of senior officials and warning of the influence that lobbyists are wielding over merger reviews and other issues.
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August 18, 2025
11th Circ. Revives Speech Suit Against Fla. Superintendent
The Eleventh Circuit on Friday revived part of a man's First Amendment suit against a Florida school superintendent for ordering him removed from a school board meeting, ruling that the superintendent had not shown she was entitled to qualified immunity.
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August 18, 2025
Wash. High Court OKs Gun Rights Restoration In State Courts
The Washington Supreme Court will allow trial courts across the state to hear firearms rights restoration claims from citizens who were previously convicted of a felony, reversing a state appeals court and rebuffing the state legislature's attempt to restrict such claims.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
$28M ND Pipeline Protest Case Paused Amid Settlement Talks
A federal district court and the Eighth Circuit have paused a $28 million dispute between North Dakota and the United States over failure to control Dakota Access Pipeline protesters after the parties said they were negotiating to settle the case.
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August 18, 2025
AGs Sue DOJ For Tying Victim Aid To ICE Enforcement
A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.
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August 18, 2025
Cannabis Interests Challenging Federal Pot Ban Get Extension
The U.S. Supreme Court has said that marijuana companies challenging the federal ban on cannabis can have until October to submit their petition for a writ of certiorari.
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August 18, 2025
Ga. Gov. Hopeful Asks Judge To Spurn AG's Fundraising Suit
Georgia Lt. Gov. Burt Jones hit back Monday at Attorney General Chris Carr's suit alleging state fundraising laws have given Jones an edge in their upcoming contest for the state governorship, accusing his Republican primary rival of flip-flopping on a law that Carr himself has defended in court on numerous occasions.
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August 18, 2025
Lawmaker Pans 'Selective' Charges Over ICE Facility Clash
U.S. Rep. LaMonica McIver has moved to dismiss criminal charges against her from a May confrontation with federal agents at an immigrant detention center, arguing she is immune from prosecution under the U.S. Constitution's speech or debate clause and is being selectively targeted by the government.
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August 18, 2025
DC Circ. Stays District Court's Pause Of Expedited Removals
The D.C. Circuit on Monday stayed a district court order that paused the Trump administration's ability to subject noncitizens paroled into the U.S. to expedited removal proceedings.
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August 18, 2025
DEA Asks Health Officials To Review Psilocybin Rescheduling
The U.S. Drug Enforcement Administration has transmitted a request to loosen federal restrictions on psilocybin, the main compound in psychoactive mushrooms, to federal health officials for a scientific and medical analysis, according to emails reviewed by Law360.
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August 18, 2025
Vt. Says It Has The Authority To Enact Climate Superfund Law
Vermont has urged a federal judge to dismiss lawsuits challenging its recently enacted climate change Superfund law, saying it's a valid exercise of the state's authority to raise revenue and protect its citizens against environmental harms.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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What Insurers Must Know About New La. Proof Of Loss Law
Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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State Laws Show Uniformity Is Key To Truly Fair Bank Access
The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.