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Public Policy
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August 15, 2025
Baby Co. Says CPSC's 'False' Safety Concerns Tanked Sales
Baby sleep sack maker Dreamland Baby Co. has filed a $90 million suit against the federal government, claiming that former Consumer Product Safety Commissioner Richard Trumka Jr. ruined its reputation and damaged its sales by falsely suggesting that weighted infant sleep products aren't safe.
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August 15, 2025
Fla. Book Ban Law Struck Down For Vagueness
A Florida federal judge has found a state law restricting books in school libraries to be unconstitutionally overbroad and vague, handing a win to the publishing houses, parents of schoolchildren and bestselling authors who had teamed up to fight it.
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August 15, 2025
Eric André's Airport Stop Suit Partially Revived By 11th Circ.
The Eleventh Circuit has partially revived comedian Eric André's lawsuit alleging he was subjected to a "degrading" search and seizure by police at an Atlanta airport, restoring his Fourth Amendment claims Friday while backing the dismissal of his allegations that he was racially profiled.
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August 15, 2025
White Supremacist's Sentence Upheld Despite Discovery Error
The Fourth Circuit ruled Friday that a leader of a white supremacist street gang can't escape his 25-year prison sentence, rejecting the argument that his plea agreement was invalid since prosecutors' discovery was missing pages.
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August 15, 2025
NetChoice Sues Colo. Over Social Media Warnings For Minors
A trade association representing social media giants Meta, YouTube, Reddit and others claims a Colorado law set to go into effect next year that will require social media platforms to display warning messages for minors is compelled speech in violation of the First Amendment.
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August 15, 2025
DC Judge Gets City And Feds To Strike Deal On Police Takeover
A federal judge hesitated Friday to restrain the Trump administration from taking over the District of Columbia Metropolitan Police Department, successfully urging the city and government attorneys to iron out an agreement instead to divert the court's immediate intervention.
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August 15, 2025
Federal Reserve To End Crypto-Focused Supervisory Program
The Federal Reserve Board on Friday announced the end of a Biden-era supervisory program that specifically oversaw banks' crypto and fintech activities, a move that comes after Wall Street trade groups argued that the program unfairly subjected banks to a higher level of scrutiny for their use of novel tech.
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August 15, 2025
5th Circ. Says PWFA Was Constitutionally Enacted
The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.
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August 15, 2025
Interior Dept.'s Clean Energy Rules Could Snag Grid Hookups
Recent U.S. Department of the Interior moves to place additional regulatory and permitting burdens on renewable energy facilities may also cover projects those facilities need to get on the grid, the agency has told Law360.
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August 15, 2025
Bid To Stop Spectrum Rule Waiver Renewed At FCC
A spectrum licensee is calling out the Federal Communications Commission's decision to assign licenses previously held by Telesaurus Holdings and Skybridge Spectrum Foundation to Progeny LLC, saying the commission's waiver of spectrum aggregation limits in the M-LMS band for Progeny reflects "arbitrary, preferential decision-making" that others haven't been granted.
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August 15, 2025
Feds Look To End Seminole Land Seizure Dispute
The federal government urged a Florida federal court to toss a suit by two members of the Seminole Tribe of Florida who say federal agencies are threatening to confiscate their land inside Big Cypress National Preserve, arguing they fail to allege any waiver of U.S. sovereign immunity.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
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August 15, 2025
Amazon Keeps Damages Expert For FTC's Prime Case
A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."
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August 15, 2025
Chippewa Cree Sues Montana County Over Native Vote Dilution
An Indigenous tribe is asking a federal court to block Chouteau County, Montana, from using an at-large election system and implementing three single-member voting districts, arguing the policies are artificially suppressing Native Americans' ability to equally participate in the electoral process.
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August 15, 2025
Judge Clears School Of Violating GOP Club's Speech Rights
A Michigan federal judge has ruled that a public high school in Ann Arbor did not violate the constitutional rights of conservative students by refusing to air an announcement opposing an abortion rights measure.
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August 15, 2025
Texas AG Opens Investigation Into Xcel Over Panhandle Fires
Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.
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August 15, 2025
5th Circ. Backs San Antonio's Park Plan Over Tribal Protests
The Fifth Circuit has upheld a lower court order saying a San Antonio park has legitimate public safety issues that allow the city to implement a tree removal plan and rookery management measures while also giving tribal members access to a disputed area for religious ceremonies.
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August 15, 2025
IRS Strips 5% Safe Harbor In Solar, Wind Tax Credit Guidance
Large-scale clean energy projects seeking to claim solar and wind tax credits before they expire under a new accelerated sunset schedule can no longer rely on a safe harbor to incur 5% of the building costs to establish eligible construction start dates under Internal Revenue Service guidance released Friday.
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August 15, 2025
Mass. Nonprofit To Pay $1M To Settle FCA Allegations
A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.
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August 15, 2025
US Eyeing Tariffs, Port Levies Over Shipping Emissions Plan
The U.S. government is considering tariffs, visa restrictions or port levies — and potentially a combination of those measures — in response to an intergovernmental plan to push the global shipping industry toward achieving net-zero greenhouse gas emissions, a U.S. Department of State spokesperson told Law360.
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August 15, 2025
Madigan Ally Seeks Release Pending Bribery Appeal
A lobbyist for Commonwealth Edison asked an Illinois federal judge to let him remain free on bond while he appeals a jury's finding that he and others conspired to bribe former Illinois House Speaker Michael Madigan, saying the Seventh Circuit will consider multiple questions of law that could warrant a reversal, new trial or reduced sentence.
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August 15, 2025
AT&T Seeks Approval To Halt Copper Service After Thefts
AT&T is asking the Federal Communications Commission for emergency authorization to suspend its copper-based phone legacy service for 22 customers outside Dallas, claiming that service outages were caused by a series of copper thefts from its facilities in June.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
NLRB Top Cop Says States Can't Act As Agency Stand-In
The National Labor Relations Board's acting general counsel opined Friday that federal law blocks pending state proposals to take on the agency's labor relations oversight even when the board can't perform certain functions because it lacks a quorum.
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
Expert Analysis
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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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.