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Public Policy
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August 27, 2025
4th Circ. Upholds Va. County's 'Sensitive Places' Gun Bans
The Fourth Circuit on Wednesday upheld a Virginia county's ban on guns in public parks and left in place its ban near county-permitted events, leaning on U.S. Supreme Court dicta on school gun bans and ruling that plaintiffs hadn't shown enough to sustain their facial challenge to the restrictions.
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August 27, 2025
DHS Aims To Limit Visa Duration For Foreign Students, Press
The U.S. Department of Homeland Security said Wednesday it intends to change the terms of F, J and I visas for foreign students, exchange visitors and members of the foreign press, respectively, scrapping open-ended admissions in favor of fixed stays.
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August 27, 2025
Crypto Orgs. Won't Back Bill Without Developer Protections
A coalition of 112 crypto industry groups and firms came together in a Wednesday letter to tell federal lawmakers that they will not back a bill to regulate crypto markets without "explicit" protections for software developers and service providers of decentralized projects.
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August 27, 2025
Sinclair Presses FCC To Set NextGen TV Switch Date
Sinclair Broadcast Group is adding its voice to the chorus of those telling the Federal Communications Commission it is time to get a move on and finish up the transition to the next generation of television broadcasting.
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August 27, 2025
FCC Pressed To Expand NC Carrier's High-Cost Aid
North Carolina telecom Carolina West says it needs more money from the federal government to continue operating at its current level in high-cost remote areas, and a coalition of its peers has told the Federal Communications Commission that it agrees.
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August 27, 2025
Negligence Suit Over Arrest On Stale Warrant Gets New Life
A Fourth Circuit panel Wednesday vacated a South Carolina county clerk's summary judgment win against allegations that her negligence resulted in a man being arrested twice over the same unpaid child support dispute, kicking the case back to trial court for new proceedings.
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August 27, 2025
10 Questions For New FCC Commissioner Olivia Trusty
It's been a hectic summer for Olivia Trusty, who joined the Federal Communications Commission as its newest Republican in June. She met with Law360 on Tuesday in her first sit-down interview since taking office.
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August 27, 2025
Former Workers Can Be Experts In FTC's Amazon Prime Trial
A quartet of former Amazon.com Inc. user experience workers can testify as both fact and expert witnesses in the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, a Washington federal judge ruled Tuesday.
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August 27, 2025
FTC Calls Judge 'Fundamentally Mistaken' On Media Matters
The Federal Trade Commission sought emergency intervention Tuesday from the D.C. Circuit against a district court judge it said improperly blocked an investigation into left-leaning Media Matters for America, even though the FTC contends probe targets cannot preemptively challenge subpoenas and here, there was nothing retaliatory about it as Media Matters alleged.
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August 27, 2025
Live Nation Concertgoer Claims Violent Treatment By Security
Events giant Live Nation Entertainment Inc. is facing a lawsuit in Washington federal court over what a concertgoer claims was violent treatment by security guards and sheriff's deputies following a 2022 show at the Gorge Amphitheatre in Quincy, Washington.
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August 27, 2025
Miner, Recreationists Oppose Intervention In Monument Fight
A California miner and a public recreation nonprofit are opposing bids by nine environmental groups and five tribal nations to intervene "as of right" in a suit challenging the Chuckwalla National Monument's protected status, telling a Michigan federal judge they're not entitled to intervention.
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August 27, 2025
Pa. County Denies Liability In Fatal Child Abuse Case
Officials in Chester County, Pennsylvania, denied any role in the death of a 12-year-old girl who was allegedly abused by her father and stepmother, claiming in the county's answer to a lawsuit that any fault lay with the alleged abusers.
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August 27, 2025
Ga. Justices Back Income Approach For Low-Income Housing
County tax assessors in Georgia may use a method known as the income approach to determine the fair market value of properties that qualify for federal low-income housing tax credits, the state Supreme Court ruled, reversing an appeals court finding.
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August 27, 2025
NYC Prepares For School Year Amid Immigration Crackdown
New York City officials on Wednesday reassured immigrant families that the city's schools are safe for children to attend, despite a wider immigration crackdown that has concerned many New Yorkers.
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August 27, 2025
Widow Wasn't Forced Into Sewage Settlement, 4th Circ. Told
The city of Charlotte, North Carolina, told the Fourth Circuit it did not pressure a widow to settle her property damage claims stemming from a sewage backup in her home, saying she was represented by a lawyer and was in good mental and physical health when she accepted the deal.
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August 27, 2025
DC Judicial Vacancy Crisis Could Be Easing Soon
The White House is in the process of finalizing some judicial nominees for the vacancy-plagued Washington, D.C., local courts, an issue that has been highlighted by the federal government's takeover of D.C. law enforcement and the surge of National Guard troops to the nation's capital.
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August 27, 2025
10th Circ. Revives Cannabis User's Gun Possession Charge
The Tenth Circuit on Tuesday reversed a lower court's decision finding that a law banning marijuana users from owning guns was unconstitutional, saying that more facts were needed to determine whether the Second Amendment was infringed in this particular case.
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August 27, 2025
Feds, Blue States Clash Over Future Of EV Funding Fight
The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.
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August 27, 2025
Scholars Tell High Court To Back Conversion Therapy Ban
A group of health law experts told the U.S. Supreme Court that Colorado's conversion therapy ban doesn't violate healthcare providers' First Amendment rights, arguing that the law is consistent with states' and the federal government's ability to regulate healthcare.
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August 27, 2025
DOJ Seeks To Expedite Appeal Over NJ US Atty Role Dispute
The U.S. Department of Justice asked the Third Circuit to expedite its appeal of a Pennsylvania federal judge's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two criminal cases, emphasizing the critical questions about her authority under federal law and the fact that the dispute has delayed multiple pending trials.
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August 27, 2025
NJ Panel Backs Co.'s Single-Family Subdivision Project
A New Jersey appellate court on Wednesday backed a lower court order that vacated a township planning board's rejection of an application for a subdivision project with nine single-family lots.
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August 27, 2025
Abrego Garcia's Removal Ban Extended Through October
A Maryland federal judge on Wednesday forbade the Trump administration from deporting Kilmar Abrego Garcia or moving him more than 200 miles away from her courthouse through at least October, while his attorneys said he will seek asylum in the U.S.
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August 27, 2025
Mich. Judge Advises Trimming $500K Fees For Retaliation Win
A magistrate judge said a human resources director who won a retaliation suit should be awarded attorney fees but recommended slashing costs for a third plaintiffs attorney to attend the trial and for tasks the judge said could have been performed by junior associates.
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August 27, 2025
Philly-Area Transit System Sued Over 'Drastic' Service Cuts
The Philadelphia region's mass transit system, SEPTA, has been sued in state court to stop it from drastically cutting services in the midst of a projected $213 million operational funding deficit.
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August 27, 2025
NC City Scraps Race-Based Board Criteria To End Bias Suit
The city of Asheville, North Carolina, has agreed to remove race qualifications from the appointment process for a volunteer advisory board, resolving racial discrimination claims brought by five residents who said their applications were rejected because they are white.
Expert Analysis
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.