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Public Policy
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August 14, 2025
SpaceX Calls Va. Broadband Funding Plan 'Wasteful'
SpaceX criticized Virginia over its spending plan for the $1.48 billion in broadband funding it's set to receive from the BEAD program, saying the state "has put its heavy thumb on the scale in favor of expensive, slow-to-build fiber bias" over satellite.
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
AGs Urge Meta To 'Prioritize Safety' With Location Feature
A bipartisan coalition of more than three dozen state attorneys general is calling on Meta Platforms Inc. to strengthen the privacy and security safeguards for a new location tracking feature that recently debuted on Instagram, arguing that the social media giant has a duty "to prioritize user safety over product novelty."
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August 14, 2025
Okla. City Fights Creek Nation Over Tribal Court Authority
An Oklahoma city is looking to dismiss a challenge by the Muscogee (Creek) Nation that looks to block the municipality from prosecuting Native Americans for crimes committed on tribal lands, arguing that a 2022 Supreme Court ruling gives it concurrent jurisdiction with the federally recognized tribe.
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August 14, 2025
PTAB Petitions To Get More Scrutiny Under New Policy
A new Patent Trial and Appeal Board policy limiting the ability of the challengers to argue that "general knowledge" indicates that a patent is invalid will heighten scrutiny of petitions and could lead to more of them being denied if they don't comply with the rule, attorneys say.
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August 14, 2025
Wyden, Warren Ask Lutnick's Son About Firm's Tariff Bets
Senate Democratic ranking members sent a letter published Thursday to Cantor Fitzgerald & Co. CEO Brandon Lutnick raising concerns about potential insider trading and conflicts of interest associated with a financial product hedging the legality of tariffs that his father, Commerce Secretary Howard Lutnick, has been involved in.
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August 14, 2025
11th Circ. Looks For Immunity Line In $40M Taser Case
An Eleventh Circuit panel appeared conflicted Thursday over whether to toss a $40 million verdict against the city of Atlanta and a cop who left a man a quadriplegic after shocking him with a Taser over suspicions of panhandling, struggling with whether the officer should have foreseen the injuries he caused.
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August 14, 2025
Mich. Mayor Gets 2 Years For $100K Bribery Scheme
A federal judge sentenced a Detroit suburb's former mayor to two years in prison Thursday after he admitted to accepting bribes in exchange for a promise to secure a land deal.
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August 14, 2025
20 States Win Injunction Against ICE's Use Of Medicaid Data
A California federal judge has blocked the federal government from using Medicaid information from 20 states for immigration enforcement purposes, marking a partial victory for the coalition of states challenging a new data-sharing arrangement between the U.S. Department of Health and Human Services and the Department of Homeland Security.
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August 14, 2025
FCC Member Sees Special Authority As Key To Defense Tech
The Federal Communications Commission could increasingly use its legal authority to temporarily authorize radio licenses as a way to test new wireless networks that bolster national security, an agency member said.
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August 14, 2025
5th Circ. Tosses Challenge To Texas Gas Terminal Permit
The Fifth Circuit has dismissed an environmental group's petition challenging a permit issued by Texas regulators for a proposed liquefied natural gas terminal, finding that a previous permit for another project, which stipulated a lower emissions rate, has no bearing on the permit at issue here.
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August 14, 2025
US Targets Russia-Linked Crypto Exchanges Over Illicit Flows
The Trump administration on Thursday renewed sanctions on Russian cryptocurrency exchange Garantex and moved against its successor, Grinex, accusing the platforms of helping launder illicit transactions and shifting business to dodge earlier penalties.
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August 14, 2025
HHS Relaunches Childhood Vaccine Panel After Lawsuit
The U.S. Department of Health and Human Services said on Thursday it is restarting a 1980s-era childhood vaccine task force that aims to improve safety and oversight, months after an anti-vaccine group previously headed by Secretary Robert F. Kennedy Jr. sued the agency to reinstate the panel.
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August 14, 2025
Minn. Telecom Officials Decry Push For Fed Preemption
Minnesota's telecommunications regulators have told the Federal Communications Commission that local officials are tired of being punching bags for industry groups looking to speed up broadband infrastructure deployment, saying the industry's push for federal rules overriding local authority have been based on "unsubstantiated or vague" attacks on local guidelines.
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August 14, 2025
Mich. Panel Greenlights 911 Dispatcher's Whistleblower Suit
A Michigan appellate panel said Wednesday that a former 911 operator may be protected by a whistleblower law for criticizing a supervisor's handling of a 911 call, clearing the way for his lawsuit to move forward.
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August 14, 2025
FCC Urged To Tackle Health, Enviro Impacts From Cellphones
An environmental group called on the Federal Communications Commission to address what it sees as the agency's failure to meet a D.C. Circuit order from four years ago to back up the reasoning for its radiofrequency exposure limits.
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August 14, 2025
Rutgers Escapes Suit Over Visitor's Halloween Night Assault
A lawsuit against Rutgers University brought by a guest who was assaulted by an undergraduate on a night of Halloween partying in 2017 was dismissed by a New Jersey state judge who ruled that the institution had no obligation to protect the visitor.
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August 14, 2025
Fla. Bar Fights Demand For Bondi Ethics Probe
The Florida Bar has again pushed back on a request to investigate U.S. Attorney Pam Bondi for alleged unethical conduct, telling the Supreme Court of Florida that a group of complainants can't bulldoze past its policy of not investigating sitting government officials.
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August 14, 2025
AP Says DOJ Can't Turn Info Sharing Into Views Suppression
The Associated Press, The Washington Post, Reuters and the BBC hit back Wednesday on Justice Department efforts to back a lawsuit from the anti-vaccine group once tied to Secretary of Health and Human Services Robert F. Kennedy Jr., alleging they colluded with social media platforms to censor rivals.
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August 14, 2025
Senate Democrats Urge 'Robust' Funding For US Defenders
Democrats on the Senate Judiciary Committee on Thursday implored congressional appropriators to ensure that the federal public defender program has adequate funding for fiscal year 2026 after budget shortfalls.
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August 14, 2025
US Says It Can't Be Sued Over NM Burns Linked To Wildfire
The U.S. government is looking to dismiss a challenge to a prescribed burn plan that a tribe, electric cooperatives and several property owners claim led to the destruction of nearly 46,000 acres in New Mexico's Jemez Mountains, saying the decision is barred under the Federal Tort Claims Act.
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August 14, 2025
Bipartisan Lawmaker Groups Lambaste Habba's Reappointment
A bipartisan group of current and former members of Congress on Wednesday criticized the Trump administration's appointment of acting New Jersey U.S. Attorney Alina Habba, saying doing it without congressional approval is unconstitutional.
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August 14, 2025
NJ Gov. Wants Focus On Immunity In Ex-Elections Chief's Suit
New Jersey Gov. Phil Murphy is urging a Garden State trial court judge to split up discovery in a lawsuit claiming he conspired with top staffers to oust the state's former elections chief, arguing the court first needs to focus on his qualified immunity defense.
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August 14, 2025
Feds Urge Court Not To Toss Rep. Cuellar's Bribery Case
Allowing U.S. Rep. Henry Cuellar, D-Texas, to escape bribery charges under the Constitution's speech and debate clause would "eviscerate" several precedents set under the provision, prosecutors told a federal judge on Thursday.
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August 14, 2025
Pa. Tax Board Must Revisit Denial Of Calif. Co.'s $4.9M Refund
The Pennsylvania Board of Finance and Revenue must review its denial of a California corporation's request for a refund of an overpayment of Pennsylvania income tax following a federal audit, the Commonwealth Court ruled Thursday.
Expert Analysis
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.