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Public Policy
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July 08, 2025
HHS Can't Dodge Suit Over Nixed LGBTQ Bias Protections
A New York federal judge declined Tuesday to toss a transgender woman's suit challenging President Donald Trump's decision to roll back anti-discrimination regulations for LGBTQ patients during his first term, rejecting arguments from the government that the case is moot given that a Biden-era rule restored the protections.
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July 08, 2025
Ex-DC Prosecutors Rip Pick Of Emil Bove For 3rd Circ.
In a letter to the Senate Judiciary Committee, a group of former federal prosecutors in Washington panned Emil Bove as a "dangerous" pick for the Third Circuit and criticized his record as a prosecutor as that of a loyal follower of President Donald Trump.
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July 08, 2025
3rd Circ. Probes Constitutionality Of NJ Judicial Privacy Law
A Third Circuit panel on Tuesday dug into the constitutionality of a New Jersey judicial privacy statute, with data brokers, a data protection company and the state debating whether the law provides a vital safeguard or imposes too-burdensome restrictions on the publication of publicly available information.
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July 08, 2025
'Tornado Cash' Trial Judge Curbs Talk Of North Korea WMDs
A Manhattan federal judge on Tuesday sharply limited the extent to which prosecutors may mention North Korea's alleged efforts to obtain weapons of mass destruction as they seek to convict a crypto engineer who allegedly facilitated big-dollar transactions for the secretive dictatorship.
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July 08, 2025
Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban
The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
Calif. Agency Rolls Out Guidance For Violence Survivor Leave
The California Civil Rights Department rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under a law that went into effect in the state in January.
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July 08, 2025
Pa. County Wants 3rd Circ. To Revive Dominion Contract Suit
A central Pennsylvania county in hot water with state officials for unauthorized inspections of its voting equipment wants the Third Circuit to reconsider its commissioners' standing to bring a lawsuit against Dominion Voting Systems.
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July 08, 2025
Fishing Industry Alleges Feds Allow Red Snapper Overfishing
A group of commercial fishers and buyers is claiming in a new lawsuit that the National Marine Fisheries Service has failed to set proper catch limits and allowed the overfishing of red snapper due to massive "dead discards."
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July 08, 2025
Texas Stock Exchange Taps Former SEC Markets Executive
The Texas Stock Exchange's owner on Tuesday said it has hired U.S. Securities and Exchange Commission veteran David Saltiel to join the startup, which aims to compete with the New York Stock Exchange and Nasdaq.
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July 08, 2025
Approach The Bench: Judge Biery Has Fun Writing
U.S. District Judge Fred Biery is now famous for the quirky written opinions he's produced during three decades as a trial judge for the Western District of Texas, but he was on the federal bench for a few years before he started to experiment in his opinion writing.
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July 08, 2025
Abuse Reporting Experts See Flaws In Texas HIPAA Ruling
A Texas federal court ruling that invalidated a Biden-era reproductive health privacy rule has perplexed mandatory reporting experts who say it clearly misconstrues the law around doctors' duties to report child abuse and neglect.
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July 08, 2025
Churches Can Endorse Political Candidates, IRS Says
Churches can endorse political candidates without losing their tax-exempt status despite a ban on political activity by certain nonprofits, the IRS said in a Texas federal court document seeking to settle a suit by religious groups that claimed the prohibition on campaigning was unconstitutional.
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July 08, 2025
Feds Say Trade Group Lacks Standing In Anti-DEI Orders Suit
A Chicago-based trade group can't show that Trump administration executive orders restricting federal diversity, equity and inclusion programs infringe on its free speech rights, the federal government argued, telling an Illinois federal court it should toss the organization's suit alleging the directives are unconstitutional.
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July 08, 2025
NYC Seeks To Keep Broker Fee Ban Over Injunction Ask
New York City told a federal judge that a group of real estate interests, landlords and brokers failed to present a compelling case for blocking a law preventing landlords from passing on broker fees to tenants less than a month after the provision took effect.
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July 08, 2025
FCC Holds Off Next-Gen 911 Deadlines To Gather Expertise
The Federal Communications Commission on Tuesday partially granted a request to delay deadlines for public input into next-generation 911 systems so that call center administrators can gather more expertise on the issue.
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July 08, 2025
After Conviction Upheld, Bridge Fraudster Gets Time Served
A government contractor whose wire fraud conviction was upheld by the U.S. Supreme Court was resentenced to time served in Pennsylvania federal court on Tuesday.
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July 08, 2025
Calif. Justices Say Elected Officials Lack Whistleblower Shield
California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.
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July 08, 2025
VA Says It Plans To Have 30K Fewer Staff By October
The U.S. Department of Veterans Affairs said it expects to have another 12,000 employees depart as a result of resignations, retirements and attrition by October, amounting to a reduction of nearly 30,000 staff this fiscal year and rendering a formal reduction in force unwarranted.
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July 08, 2025
Trade Court Judge Sworn In As USDA Deputy Secretary
Judge Stephen A. Vaden of the U.S. Court of International Trade has resigned from his judgeship to join the U.S. Department of Agriculture as the second-in-command.
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July 08, 2025
EU Gives Final Go-Ahead For Bulgaria To Switch To Euro
The Council of the European Union gave its final approval Tuesday for Bulgaria to transition to using the euro next year, with the bloc saying the change will give Bulgarians "real, everyday benefits" like easier cross-border payments and greater access to foreign investment.
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July 07, 2025
Fla. Panel Upholds Tossing Suit To Unseat Miami Official
A Florida state appellate court on Monday declined to reinstate a lawsuit two property developers filed in their effort to forcibly remove a Miami commissioner via the city's charter after a federal jury ruled he was liable for violating civil rights, saying the developers lacked standing.
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July 07, 2025
FTC Wants More Time To Present Case Against Amazon Prime
The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.
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July 07, 2025
DC Judge Nixes Challenge To Immigrant Legal Services Cuts
A D.C. federal judge said nonprofit groups failed to show that the Trump administration acted beyond its authority when it decided to end or take over Justice Department programs that previously tapped them to provide legal services to immigrants.
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July 07, 2025
'Social Contracts' Over Ownership Rules A Bad Idea, FCC Told
The free-market advocacy group Free State Foundation is lobbying against a proposal to revive "social contracts" in television broadcasting regulation, saying the move would effectively impose government rate regulation disguised as "voluntary" agreements.
Expert Analysis
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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Best Practices For State Banks Eyeing Federal Conversions
Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.