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Public Policy
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July 21, 2025
Md. Judges Slam 'Unprecedented' Suit Over Habeas Orders
Maryland federal judges on Monday pressed a Virginia federal judge to throw out the Trump administration's "unprecedented" suit challenging their standing order that temporarily blocks deportation of detained noncitizens who file habeas petitions, warning that if the suit succeeds, "it will not be the last."
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July 21, 2025
Trump Asks DC Circ. To Block FTC Dem's Reinstatement
The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.
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July 21, 2025
The Biggest Telecom Developments Of 2025: Midyear Report
It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.
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July 21, 2025
Sinclair Stations Clear Up FCC's Kid TV Enforcement
Sinclair Broadcast Group stations that aired Hot Wheels commercials during a children's Hot Wheels program in violation of Federal Communications Commission rules are settling with the agency after their owner inked a deal allowing the parent company to avoid a $2.6 million fine.
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July 21, 2025
FCC Waives Rules To Use Radar Digging In Construction
Rod Radar has convinced the Federal Communications Commission to grant it a waiver that would allow it to hook ground-penetrating radar to excavator buckets to help avoid underground infrastructure like utility lines.
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July 21, 2025
Man Tweaks Suit Over Gun Purchase Ban Tied To Pot Conviction
A man who claims he was wrongly denied the right to buy a gun despite his four-decades-old marijuana felony being expunged has tweaked his legal efforts, dropping the FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives as defendants in his lawsuit in Kansas federal court.
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July 21, 2025
DC Circ. Urged To Leave FERC Project Approvals Alone
Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.
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July 21, 2025
Nonprofits Take Aim At New HUD Grant Rules
A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
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July 21, 2025
CFPB Ends VyStar Consent Order After $1.5M Penalty Paid
The Consumer Financial Protection Bureau disclosed Monday that it has ended another Biden-era consent order, this time with VyStar Credit Union, which the agency said has paid the seven-figure penalty that was imposed against it last year.
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July 21, 2025
Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime
The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.
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July 21, 2025
House GOP Would Cut SEC Funds, Curb Cyber Breach Rule
House Republicans are seeking to cut the U.S. Securities and Exchange Commission's budget by 7% in the upcoming fiscal year, presenting a plan that could also undercut a Biden-era regulation requiring publicly traded companies to quickly report cybersecurity breaches.
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July 21, 2025
Not Enough Similarities To Apply DOJ Ad Tech Win: Google
Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.
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July 21, 2025
Fla. Judge Pick Probed On Trump Case, Nomination Timing
A judicial nominee for the Southern District of Florida has fielded more questions from Democrats who have suggested that he ruled in favor of President Donald Trump and repeated the president's "partisan talking points" while simultaneously being vetted for a federal judgeship.
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July 21, 2025
9th Circ. Narrows 'Remain In Mexico' Block During Appeal
A split Ninth Circuit panel ruled that a California federal judge's nationwide block of the Remain in Mexico program can only apply to the clients of the nonprofit that brought the underlying challenge while the Trump administration's appeal proceeds.
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July 21, 2025
Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial
A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.
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July 21, 2025
Huawei Chips Block Some TVs' NextGen Signals, FCC Told
Pearl TV is calling on SiliconDust to remove Huawei-made components from its products, which rebroadcast TV signals from viewer antennas over home networks, saying the chips in its HDHomeRun Flex devices are unable to broadcast certain Next Generation TV programming.
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July 21, 2025
FinCEN Gives Investment Advisers Reprieve On AML Rule
The U.S. Department of the Treasury has pushed back the compliance date for a rule requiring investment advisers to report suspicious activity to the Financial Crimes Enforcement Network while it weighs the future of the Biden-era regulation.
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July 21, 2025
Sens. Float Bill To Protect Against AI Data Piracy
Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.
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July 21, 2025
Justices Asked If Frontier Law Covers 'Corner Crossing' Case
A Wyoming ranch owner is asking the U.S. Supreme Court to review a Tenth Circuit decision that four hunters who crossed over its property to reach public lands didn't trespass, arguing that state law prohibits "corner crossing" and that no federal easement exists across private land for public access.
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July 21, 2025
Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal
Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.
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July 21, 2025
Concertgoers Narrow Live Nation Antitrust Claims
Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.
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July 21, 2025
Lawmakers' Plan To Target Bid Protesters Seen As Unfounded
Congress's quest to deter frivolous protests from companies that fail to win Pentagon contracts exposes a gap between lawmakers and attorneys who refute the problem, and worry that small businesses that get penalized could get shut out of the procurement process.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Board Says Salvadoran Women Not A Social Group Under INA
The Board of Immigration Appeals has dismissed a Salvadoran woman's attempt to revive her application for asylum and withholding of removal, ruling that a particular social group based solely on an individual's sex and nationality is "overbroad and insufficiently particular."
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July 21, 2025
Energy Litigation To Watch In The 2nd Half Of 2025
Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.
Expert Analysis
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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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.