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Public Policy
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July 02, 2025
Trump Announces 1st And 9th Circ. Nominees
President Donald Trump announced nominations for judges on the First and Ninth circuit courts on Wednesday evening.
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July 02, 2025
Okla. Justices Say Tribal Citizen Must Pay State Income Taxes
Oklahoma's high court upheld a decision to deny a state tax-exempt status for a member of the Muscogee (Creek) Nation, saying that a 2020 U.S. Supreme Court decision affirming the boundaries of the tribe's reservation does not apply in the dispute.
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July 02, 2025
Atkins Says SEC Is Taking A Fresh Look At SPAC Regulations
U.S. Securities and Exchange Commission Chair Paul Atkins said Wednesday that regulators are reviewing recently beefed-up rules governing special-purpose acquisition companies as part of a broader policy of increasing public listings.
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July 02, 2025
Wash. Tribal Warrants Gain Statewide Reach Under New Law
A Washington law that took effect this month will allow its state police to enforce tribal warrants, a move that legislators say closes a jurisdictional gap that often allowed individuals who committed crimes on Indigenous lands to evade prosecution by fleeing to state property.
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July 02, 2025
Wash. High Court Takes Up Off-Campus Fraternity Death Suit
The Washington Supreme Court has agreed to review a lower appellate court's January ruling that an Evergreen State university owed a duty of care to a student who died of alcohol poisoning following a hazing ritual at an off-campus fraternity party.
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July 02, 2025
FCC To Vote On More 'Delete' Docket Regs This Month
The Federal Communications Commission plans to vote this month on a proposal to remove outmoded regulations from its books that would advance FCC Chair Brendan Carr's "Delete, Delete, Delete" proceeding to cut down on what he considers burdensome agency rules.
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July 02, 2025
Dems Condemn Paramount's $16M Settlement With Trump
Democratic lawmakers are incensed that CBS News' parent Paramount Global agreed to a $16 million settlement with President Donald Trump over his "60 Minutes" lawsuit, which came as the media company is seeking approval of an $8.4 billion merger with Skydance Media.
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July 02, 2025
Ex-Copyright Office Head Fights Gov't Arguments On Firing
The fired leader of the U.S. Copyright Office said that a D.C. federal judge should ignore the Trump administration's arguments that her removal was lawful, saying the government wants the court to "stand idly by."
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July 02, 2025
GOP Reps. Want Probe Of RI Judge Blocking Funding Freeze
Two Republican U.S. House members have asked the First Circuit to investigate a Rhode Island federal judge who blocked a Trump administration spending freeze, claiming the judge's link to a funding recipient constitutes a conflict of interest, one of those congressmen's office confirmed to Law360 Pulse on Wednesday.
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July 02, 2025
Judge Tosses NJ Law Prof's Free Speech Suit For Good
A New Jersey federal judge has thrown out for good a law professor's free speech suit against Kean University over alleged controversial statements made in class, finding her twice-amended complaint contained no claims that state workplace policy infringes on her First Amendment rights.
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July 02, 2025
Trump Announces Trade Deal With Vietnam
The U.S. government reached a trade deal with Vietnam days before a pause on worldwide tariffs is set to expire, President Donald Trump announced Wednesday.
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July 02, 2025
DC Circ. Stands By Decision Nixing $7B Power Line Fight
The D.C. Circuit has rejected an en banc rehearing petition from Illinois landowners and farmers challenging the Federal Energy Regulatory Commission's decision to issue a license for the $7 billion Grain Belt Express transmission project, affirming an appellate panel and a district court's findings that the plaintiffs lack standing.
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July 02, 2025
Former FTC General Counsel Joins Orrick In New York
The former general counsel of the U.S. Federal Trade Commission has made the move to private practice at Orrick Herrington & Sutcliffe LLP in New York.
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July 02, 2025
Seattle Sued Over 'Unconstitutional' Affordable Housing Rules
A Washington construction company and two Seattle homeowners claimed in Washington federal court that the city's Mandatory Housing Affordability program is "unconstitutional," in part because it doesn't consider the public impact of housing projects and makes land-use permit applicants pay upzoning fees for the city's public housing fund.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
Target Board Sued Over 2023 Pride Campaign 'Backlash'
Executives and directors of Target have been hit with a shareholder derivative suit in Minnesota federal court accusing them of damaging the company by implementing an LGBTQ+ pride-themed marketing campaign two years ago despite knowing the risk of "public backlash."
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July 02, 2025
Wisconsin High Court Narrowly Blocks 1849 Abortion Ban
The Wisconsin Supreme Court on Wednesday narrowly struck down an 1849 statute criminalizing abortion, finding that the law has been effectively replaced by more modern legislation regulating the procedure.
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July 01, 2025
NY Judge Blocks DHS From Ending Haitians' Protected Status
A New York federal judge on Tuesday blocked the Trump administration's bid for an early end to temporary deportation protection for certain Haitians escaping political instability and effects of natural disasters, saying the government's partial vacatur of the program in February was unlawful.
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July 01, 2025
NYT Says Palin Can't Get New Defamation Trial, Recusal
The New York Times urged a New York federal judge to refuse Sarah Palin's request for a new trial and judge after a jury rejected her defamation claims over a 2017 editorial, saying her arguments misunderstood circuit court rulings in the long-running case and skipped a procedural bar.
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July 01, 2025
4th Circ. Backs Order To Release Georgetown Academic
The Fourth Circuit on Tuesday denied the Trump administration's attempt to halt a Virginia federal court order requiring it to release a Georgetown University fellow from immigration detention, rejecting the government's claim that his lawsuit was filed in the wrong venue.
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July 01, 2025
CFPB Drops Navy Federal's Overdraft Fee Consent Order
The Consumer Financial Protection Bureau has spared Navy Federal Credit Union from having to refund potentially tens of millions of dollars in allegedly improper overdraft fees, quietly lifting a Biden-era consent order imposing that and other requirements as the agency's enforcement retreat deepens.
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July 01, 2025
State AI Law Moratorium Struck From Senate Budget Bill
The U.S. Senate on Tuesday voted overwhelmingly to cut a proposal that would have blocked states from regulating artificial intelligence for a decade from the budget reconciliation package after a deal to reduce the length and potential scope of the ban fell apart.
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July 01, 2025
9th Circ. Won't Revive Detainee's CIA Torture Suit
A Washington federal judge was right to dismiss a Guantánamo Bay detainee's tort claims against two psychologists who helped the CIA pioneer so-called enhanced interrogation techniques on him after the Sept. 11, 2001, terrorist attacks, a Ninth Circuit panel ruled.
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July 01, 2025
Supreme Court Taps Latham Atty In Campaign Spending Case
The U.S. Supreme Court has turned to Latham & Watkins LLP's Roman Martinez to defend caps on coordinated campaign spending as amicus counsel in a case on tap for next term.
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July 01, 2025
5th Circ. Backs Dallas Short-Term Lending Ordinance
The Fifth Circuit denied a short-term lender's request for a court order blocking a Dallas city ordinance that created new hurdles for lenders, saying Tuesday the short-term lender did not demonstrate that the ordinance would shut down the industry.
Expert Analysis
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CFPB's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.
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Operating Via Bank Charter Offers Perks Amid Industry Shift
As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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5 Takeaways From DOJ's Media Compulsory Process Rules
The U.S. Department of Justice’s new rules, making it easier for law enforcement investigating leaks to compel members of the media and third parties to disclose information, could have wide-ranging impacts, from reduced protections for journalists and organizations, to an expanded focus on nonclassified material, say attorneys at WilmerHale.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits
Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.