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Public Policy
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August 13, 2025
What Attys Want To Know About Lutnick's Harvard IP Threat
After the U.S. Department of Commerce threatened last week to take control of some patents owned by Harvard University, attorneys have been questioning the practicality and legality of doing so.
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August 13, 2025
Ga. Defends Polling Place Food And Water Ban At 11th Circ.
The state of Georgia urged the Eleventh Circuit on Wednesday to restore a ban on handing out food and water to voters in line after it was partially blocked by a federal district judge, telling a panel that the First Amendment controversy over the restriction shouldn't outweigh the state's interest in maintaining order at polling places.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
9th Circ. Greenlights Expansive Use Of Discovery Statute
The Ninth Circuit ruled for the first time that documents produced under a foreign discovery statute may be used in proceedings other than those identified in a petition, affirming an Oregon federal court decision in an acrimonious dispute over control of a Luxembourg-based investment fund.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
Visa Lottery Applicants Win Bid To Compel Travel Ban Record
The Trump administration has until Thursday to disclose the administrative record behind the travel ban, which a D.C. federal judge said is necessary to weigh a bid by diversity visa lottery winners to halt what they deem an unlawful "no-visa policy."
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August 13, 2025
Pennsylvania Drops $2B Suit After Federal Funds Restored
Pennsylvania Gov. Josh Shapiro voluntarily dismissed on Wednesday a lawsuit against the Trump administration seeking to restore $2 billion in federal funds designated for Pennsylvania in light of the government's release of the money.
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August 13, 2025
Business Groups Fail To Halt Calif. Climate Reporting Rules
The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.
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August 13, 2025
Colo. Dispensary Says Weed Regulator Made Invalid Rule
The owners of a cannabis company told a state judge on Tuesday that an industry bulletin posted about them by Colorado's marijuana regulator was "quasi-legislative" and created new enforcement rules in the industry without approval.
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August 13, 2025
High Court's Trans Ruling Doesn't Change Insurer's ACA Loss
A Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti.
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August 13, 2025
Trump Taps Democratic Commissioner As Acting FERC Chair
President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.
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August 13, 2025
Trump Admin Bid To Kill SSA Data Suit Ruled Premature
The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.
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August 13, 2025
8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care
A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.
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August 13, 2025
Trump's Troop Deployment In Calif. Troubles Judge
A California federal judge overseeing a bench trial over the state's claims that President Donald Trump unlawfully deployed troops there told a U.S. Justice Department lawyer Wednesday that he was troubled by the seeming lack of limits on the use of the soldiers once they're in place.
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August 13, 2025
Trump's 'Debanking' Push May Run Up Against Biden-Era Wall
President Donald Trump wants federal regulators to punish banks that they find have unfairly closed accounts belonging to conservatives, but those plans could collide with a court decision that his administration chose to stop fighting earlier this year.
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August 13, 2025
DC Circ. Greenlights Trump's Freeze On Foreign Aid
A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.
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August 13, 2025
Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits
Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
FCC Waives Local Radio Ownership Cap In East Texas
The Federal Communications Commission will allow an acquisition of several commercial FM radio stations in east Texas to go through by waiving the agency's local ownership cap, the agency said Wednesday.
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August 13, 2025
Wash. Agencies Must Give Up Docs In Medicaid Fraud Case
A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.
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August 13, 2025
5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit
The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.
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August 13, 2025
2nd Circ. Upholds Ban On Certain SALT Cap Workarounds
An Internal Revenue Service rule prohibiting charitable donation workarounds to the federal cap on state and local tax deductions will remain in place, a Second Circuit panel said Wednesday, affirming a district court determination that upheld the agency's ban on the programs.
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August 13, 2025
USPTO Caps Briefs At 20 Pages For Discretionary Reviews
Patent owners and challengers will be limited to 20-page briefs when arguing over whether a Patent Trial and Appeal Board petition should be discretionarily denied, board leaders announced Wednesday in a webinar.
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August 13, 2025
Judge Blocks Trump Restrictions For $12B In Federal Grants
A Washington federal judge temporarily blocked restrictions imposed by the Trump administration, such as an anti-gender ideology restriction, on access to more than $12 billion worth of federal grants, ruling in part that the federal government exceeded its authority.
Expert Analysis
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.