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Public Policy
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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.
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August 01, 2025
US Defends Bulk Denial Of Worker Credits At 9th Circ.
An Arizona federal court was right to deny a request by tax services firms to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the U.S. told the Ninth Circuit, defending the agency's system for handling problems administering the tax credit.
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August 01, 2025
7th Circ. Backs Prison Warden's Firing Over Facebook Memes
The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.
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August 01, 2025
Senate Dem Pitches Way To Keep TikTok Online Without Sale
U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.
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August 01, 2025
Texas Bill Seeks Permanent Limit For Property Tax Increases
Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.
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August 01, 2025
Judge Says NJ Comptroller Can Subpoena Bistate Agency
A New Jersey federal judge tossed the Delaware River Port Authority's suit claiming that the Garden State's comptroller unlawfully attempted to force it to comply with two investigative subpoenas, ruling that there is nothing to bar the comptroller from unilaterally issuing subpoenas to the New Jersey-Pennsylvania bistate transit agency.
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August 01, 2025
ECJ Strikes Down Italy's Tax On Cross-Border Dividends
The Italian government breached the European Union's double-taxation protections for an Italian bank by taxing the bank's cross-border dividends via two separate levies, the EU's top court ruled Friday.
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August 01, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice abandoned its challenge of a corporate travel management deal, while lawmakers are calling for scrutiny of the agency's recent decision to settle a different case, and the Federal Trade Commission agreed to nix the requirements placed on a pair of oil and gas deals.
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August 01, 2025
Feds Won't Retry Madigan Co-Defendant After Mistrial
Prosecutors asked an Illinois federal judge on Friday to dismiss charges against ex-Illinois House Speaker Michael Madigan's longtime confidant Michael McClain after a jury was unable to reach a decision on the counts against McClain when the pair were tried together.
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August 01, 2025
FCC Lets Univ. Use CBRS For Salt Lake City Research Tool
The University of Utah has received special dispensation to use spectrum set aside for the Citizens Broadband Radio Service for its "valuable, innovative research," the Federal Communications Commission revealed.
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August 01, 2025
6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting
The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.
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August 01, 2025
FCC Asked To Narrow Undersea Cable Rule's License DQs
The Federal Communications Commission might have been "excessively, and perhaps unintentionally, stringent" when it was drafting the new rules for undersea cables, a trade group told the agency, particularly when it comes to character disqualifications.
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August 01, 2025
EPA Beats Coolant Cos.' Challenge To HFC Regs
The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.