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Public Policy
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July 31, 2025
Justices Told State Med Mal Laws Fly In Federal Court
A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."
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July 31, 2025
CBD Store Sues DC Officials Over Cannabinoid Policy
A D.C. hemp retailer whose shop was raided and padlocked by city law enforcement is seeking to overturn a local statute that it says conflates illicit marijuana with hemp made legal under the 2018 Farm Bill, saying in its federal complaint that the district has violated the dormant commerce clause.
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July 31, 2025
11th Circ. Says 'Urban Cowboy' Can Amend Taken Horses Suit
A divided Eleventh Circuit on Thursday granted a Georgia man whose horses were seized by Atlanta-area authorities a fresh shot at amending a lawsuit over the seizure, with the majority saying the lower court wrongly found that amending the suit was futile under the Fifth Amendment's takings clause.
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July 31, 2025
SEC's Atkins Launches 'Project Crypto' To Overhaul Policy
U.S. Securities and Exchange Commission Chairman Paul Atkins said Thursday that he's mobilized staff across the agency to craft rules and exemptions for digital assets, a plan aimed at bringing the crypto industry back onshore with a recent set of White House recommendations serving as the "blueprint."
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July 31, 2025
Dems Say DHS Visits Blocked Amid Reports Of 'Mistreatment'
A dozen Democratic members of the U.S. House of Representatives sued the Trump administration in D.C. federal court over a new U.S. Department of Homeland Security policy that delays and prevents members of Congress from conducting visits to federal immigration detention facilities, where the lawmakers say there are growing reports of mistreatment, overcrowding and unsanitary conditions.
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July 31, 2025
3rd. Circ. Lets Khalil Remain Free During Feds' Appeal
The Third Circuit denied the Trump administration's request to fully stay a district court order releasing pro-Palestinian activist Mahmoud Khalil from immigration detention, ruling that the federal government failed to show it would be irreparably harmed without a stay.
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July 31, 2025
Fed Joins In Letting Banks Use Third-Party Customer ID Info
The Federal Reserve on Thursday relaxed a post-Sept. 11 identity check rule for banks under its oversight, joining other federal financial regulators in allowing the use of certain information provided by third-party sources.
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July 31, 2025
Dems Press OCC Head On Regulating Trump's Crypto Biz
Top Senate Democrats on banking and financial committees urged the Comptroller of the Currency Thursday to detail how he will address the potential for interference by President Trump now that the agency is charged with regulating stablecoins like the one the president's family has launched.
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July 31, 2025
NTSB Hearing Probes Air Traffic Control In DCA Collision
Air traffic controllers often juggled both helicopter and fixed-wing plane traffic at Ronald Reagan Washington National Airport, trusted pilots to use their own judgment to visually maintain safe distances from other planes in certain situations and adopted a "just make it work" approach, according to details from the National Transportation Safety Board.
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July 31, 2025
Tribe Can Join Fight Against 'Alligator Alcatraz,' Judge Says
A Florida federal judge has allowed the Miccosukee Tribe of Indians of Florida to intervene in a lawsuit filed by green groups against the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades after the tribe argued the facility poses a direct threat to its livelihood.
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July 31, 2025
State Regulators Push FERC To Nix $22B Grid Projects Plan
Several state utility regulators have urged the Federal Energy Regulatory Commission to reject a regional grid operator's $21.8 billion transmission development plan, saying the plan's benefits are overstated and wrongly forces them to subsidize the clean energy goals of other states.
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July 31, 2025
Colo. Court Affirms Stalking Conviction In 'True Threat' Case
The Colorado Court of Appeals on Thursday declined to overturn the stalking and harassment convictions of a man who claimed his threatening emails to a police officer were protected First Amendment speech.
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July 31, 2025
Dems Aim To Make FTC's Blocked Click-To-Cancel Rule Law
Following an Eighth Circuit decision earlier this month that struck down the Federal Trade Commission's "click to cancel" rule, three House Democrats are trying to make it the law of the land to let consumers cancel subscriptions with a single click.
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July 31, 2025
Calif. Med Mal Law Can't Apply To Ambulance Crash Suits
The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.
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July 31, 2025
Ex-FDIC Chair 'Livid' Over Toxic Workplace Claims, OIG Says
An investigation by the Federal Deposit Insurance Corp.'s inspector general has found evidence that former Chair Martin Gruenberg and four unnamed ex-senior officials "personally engaged in some degree of inappropriate workplace conduct," in the latest report on the sexual harassment and toxic workplace scandal that erupted into public view nearly two years ago.
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July 31, 2025
NY Gaming Commission Can't Escape Tribal Lottery Row
A federal judge denied a renewed bid by the New York State Gaming Commission to dismiss a challenge by the Cayuga Nation that looks to block the entity from operating lottery games on the tribe's self-proclaimed reservation, saying the commissioners failed to establish a lack of equity jurisdiction.
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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.
Expert Analysis
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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.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Breaking Down Part 3 Of The Copyright Office's AI Report
On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.