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Public Policy
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August 01, 2025
9th Circ. Lifts Order Halting Trump From Curbing Fed Unions
The Ninth Circuit on Aug. 1 granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.
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August 01, 2025
NC Man Warns Justices Of 'Odor Alone' Pot-Search Dangers
A North Carolina man who pled guilty to firearms charges after police found a weapon in his vehicle after smelling cannabis is urging the state's Supreme Court to find that the odor alone is not enough to establish probable cause, saying the current state of the law means anyone carrying state-legal hemp effectively gives up their Fourth Amendment right to be free of unreasonable searches.
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August 01, 2025
IP Owners Largely Win In Stewart's Newest Discretion Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.
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August 01, 2025
NJ Court Will Mull Legality Of Habba's US Atty Appointment
If Alina Habba was illegally appointed acting U.S. attorney in New Jersey, a pair of defendants in a drug trafficking case are not entitled to dismissal of the indictment, but it "appears appropriate" that Habba would be barred from prosecuting them, a federal judge ruled Friday.
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August 01, 2025
Right-Wing Duo Cop To Robocall Voter Suppression Charges
Two Virginia-based right-wing activists accepted a plea on felony charges on Friday for leading a misinformation robocall campaign that discouraged Black voters from voting by mail in the 2020 election, the Michigan attorney general's office announced.
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August 01, 2025
DC Circ. Upholds FERC's Limited Review Of Texas Pipeline
The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.
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August 01, 2025
USPTO Tightens Rules On Patent Challengers' Arguments
Patent challengers at the Patent Trial and Appeal Board will no longer be able to skirt a requirement that they must identify where all the elements of the patent are found in prior art patents or printed publications, according to a notice from the U.S. Patent and Trademark Office.
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August 01, 2025
GOP Reps Eye Reforms To Landmark Bank Data Privacy Law
Republican lawmakers have kicked off a review that could lay the groundwork for new financial data privacy legislation, soliciting public input on whether and how to overhaul a law that governs financial institutions' handling of consumer financial records.
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August 01, 2025
Judge Suspends Expedited Removals Of Parolees
A D.C. federal judge on Friday paused the U.S. Department of Homeland Security's ability to subject noncitizens who were paroled into the country to expedited removal proceedings, finding that DHS' use of the practice on this population exceeded the agency's authority.
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August 01, 2025
Trade Deals And Tariff Delays Leave Some Details Unclear
President Donald Trump again delayed higher tariff rates that were set to take effect Friday, pushing their implementation another week as trade lawyers seek technical details associated with the latest announced framework trade deals, including how transshipped goods will be defined.
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August 01, 2025
AGs Sue Trump Over 'Onslaught Of Pressure' On Trans Care
The Trump administration has improperly "weaponized" federal laws against drug misbranding, false claims and female genital mutilation as part of a pressure campaign to undermine state protections for gender-affirming care, a coalition of state attorneys general argued in a new suit Friday.
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August 01, 2025
SEC To Explore Internal Use Of AI With New Task Force
The U.S. Securities and Exchange Commission announced Friday that it plans to ramp up its internal use of artificial intelligence tools with a new task force led by a veteran staffer who's recently led the agency's fintech efforts.
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August 01, 2025
Calif. Tribe Can't Halt Tobacco Ruling Amid Ninth Circuit Fight
A California federal court won't order the Bureau of Alcohol, Tobacco, Firearms and Explosives to remove the Twenty-Nine Palms Band of Mission Indians from a noncompliance list over the alleged sale of cigarettes to non-Native customers while the tribe appeals the decision to the Ninth Circuit.
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August 01, 2025
Del. Bankruptcy Judge Will Retain Ga. Dorm Operator's Ch. 11
A Delaware bankruptcy judge refused to move the Chapter 11 bankruptcy of dorm operator Corvias Campus Living-USG LLC to Georgia, entering an order Friday denying a bid by the University System of Georgia's board of regents to relocate the proceedings.
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August 01, 2025
7th Circ. Tosses Rehab's Zoning Row With Ind. Town
The Seventh Circuit affirmed an Indiana town's win on Friday in an Americans with Disabilities Act and Rehabilitation Act suit lodged by companies that wanted to convert a local nursing home into a rehab facility.
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August 01, 2025
En Banc 9th Circ. Backs LA Schools In Vax Mandate Fight
A majority en banc Ninth Circuit has affirmed a lower court's decision upholding Los Angeles Unified School District's COVID-19 vaccine mandate for employees, while two partially dissenting judges disagreed with the majority's conclusion that the policy passes constitutional muster.
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August 01, 2025
Village Ordinance Wrongly Bans Wind Farms, Ill. Panel Says
An Illinois state appellate court majority on Friday reversed a village's summary judgment win in a lawsuit targeting an ordinance purportedly setting wind power generation limits, saying the ordinance effectively bans commercial wind farms without statutory authority.
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August 01, 2025
Normal Wear Is On Landlord's Dime, Not Renters', Court Says
Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.
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August 01, 2025
States Urge High Court To Keep NIH Grant Funds Flowing
A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
4th Circ. Says Richmond PD Bias Claims Can't Sink Indictment
The Fourth Circuit on Friday restored a federal grand jury indictment against a driver who fled police in Richmond, Virginia, finding a district court overstepped in blaming purported racial bias by the Richmond Police Department for the otherwise justifiable traffic stop.
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August 01, 2025
Texas Judge Says States Can Pursue BlackRock Coal Suit
A Texas federal judge Friday gave Texas and other states the go-ahead to pursue claims that BlackRock Inc. and other asset managers used market muscle to decrease coal production, saying the states plausibly showed that the asset managers breached antitrust laws.
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August 01, 2025
Dems Want Probe Of DOJ's HPE-Juniper Settlement
A quartet of Senate Democrats called Friday for the U.S. Department of Justice's internal watchdog to look for "improper business and political considerations" in the settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks.
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August 01, 2025
Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight
An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.
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August 01, 2025
Senate Bill Would Ramp Up Oversight Of FCC Broadband Map
A bipartisan pair of lawmakers filed a bill to ensure the Federal Communications Commission keeps tabs on the accuracy of broadband maps used to pinpoint where funding is needed for high-speed internet service.
Expert Analysis
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Shifting DEI Expectations Put Banks In Legal Crosshairs
The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.
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Compliance Tips After Court Axes EEOC's Trans Rights Take
A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.
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Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'
A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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State Farm Rate Hike Portends Intensifying Insurance Crisis
The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.
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Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny
After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.
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In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool
As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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What Money Transmitters Need To Know About New Colo. Law
Colorado's new Money Transmission Modernization Act updates standards for the licensing, supervision and regulation of money transmitters while codifying an agent-to-payee exemption, and represents another step toward standardizing these rules across state governments, say Sarah Auchterlonie and Joel Herberman at Brownstein Hyatt.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Opinion
It's Time To Expand The WARN Act Liability Exception
With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.