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Public Policy
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July 23, 2025
Epstein Grand Jury Files To Remain Sealed In Fla.
A Florida federal judge on Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from an investigation into the late sex offender Jeffrey Epstein, as President Donald Trump faces a growing number of Republicans asking for more transparency about the case.
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July 23, 2025
Red Wolf Survival Relies On Redesignation, Judge Told
A conservation lawyer told a North Carolina federal judge in a dueling motions hearing Wednesday the state's experimental population of red wolves is still imperiled, arguing in federal court that the government needs to take another look at a petition to grant the wolves tighter protections.
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July 23, 2025
Trump Admin Appeals Ruling On NCUA Board Member Firings
The Trump administration has asked a Washington, D.C., federal judge to pause a ruling reinstating two ousted Democratic members of the National Credit Union Administration board, arguing the decision represents an "extraordinary intrusion" into presidential power and is being swiftly appealed.
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July 23, 2025
Enviro Groups Slam FAA For SpaceX Review Shortcuts
The Federal Aviation Administration knew SpaceX's plans to restore migratory birds' coastal habitats in the event of an explosion at its Boca Chica, Texas, launch site were inadequate, but allowed the company to bypass a full environmental impact statement nonetheless, environmental groups said Wednesday in D.C. federal court.
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July 23, 2025
North Carolina AG Defends Power To Pursue PFAS Suit
North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.
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July 23, 2025
Pa. Justices Will Weigh Rollover For Other States' Pensions
The Pennsylvania Supreme Court will weigh whether a teacher's years of service in another state can count toward her Pennsylvania retirement benefits after she had already cashed out her retirement account from her previous state.
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July 23, 2025
Ex-Copyright Chief Suggests Trump Fired Her Over AI Report
An attorney for the fired leader of the U.S. Copyright Office suggested Wednesday that President Donald Trump "sought to sideline her" to stop her from advising Congress on issues related to the use of copyrighted material for training artificial intelligence models, noting her dismissal occurred shortly after she released a pivotal report on the subject.
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July 23, 2025
ICJ Puts Reparations On The Table In Climate Change Case
The International Court of Justice on Wednesday delivered its long-awaited advisory opinion on governments' obligations with respect to climate change, issuing a rare, unanimous decision that opens the door for nations harmed by human-caused greenhouse gas emissions to seek reparations.
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July 23, 2025
8th Circ. Tosses FCC Dems' Local Media Ownership Rule
The Eighth Circuit on Wednesday threw out local media ownership rules passed a year and a half ago by Democrats on a split Federal Communications Commission vote.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
False Ad Ruling Expanded Patent Law, Crocs Tells Justices
Shoemaker Crocs Inc. has asked the U.S. Supreme Court to look at a Federal Circuit decision reviving false advertising claims that its shoes were made with "patented, proprietary, and exclusive" materials that weren't actually patented, arguing that the ruling would allow an "end run" around Congress' limitations on false marking suits.
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July 23, 2025
6th Circ. Questions Officials On Search: 'Pretty Darn Obvious'
Sixth Circuit judges on Wednesday grilled Michigan zoning and building officials seeking immunity from an improper-search lawsuit, repeatedly suggesting it was "obvious" the officials should have known they were crossing property lines to look at dwellings and areas protected by the Fourth Amendment.
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July 23, 2025
FWS Wrongly Approved Bird-Harming Pesticide, Judge Says
A North Carolina judge on Wednesday revoked the federal government's approval of a pesticide that is toxic to birds for use as an algal bloom control measure at a lake in a wildlife refuge, saying regulators bungled the environmental review.
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July 23, 2025
Creek High Court Grants Freedmen Descendants Citizenship
The (Muscogee) Creek Nation Supreme Court on Wednesday upheld a lower court's decision to give citizenship to two descendants of those once enslaved by the tribe, saying a 19th century treaty that required the Five Civilized Tribes to abolish slavery should have applied to their applications seven years ago.
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July 23, 2025
11th Circ. Throws Cold Water On Ga. County's Spaceport Suit
An Eleventh Circuit panel signaled Wednesday that it was not buying a Georgia county's claims that it should be able to claw back $2.6 million it put down on a property where it intended to construct a commercial spaceport after the county's voters repealed authorization for the project in a referendum.
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July 23, 2025
SEC Asks 8th Circ. To Rule On Abandoned Climate Regs
The U.S. Securities and Exchange Commission asked the Eighth Circuit on Wednesday to decide the fate of Biden-era climate disclosure rules that the agency has said it will no longer defend against challenges brought by Republican-led states and business interests.
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July 23, 2025
Feds Seek 15 Months For Lobbyist Over Madigan Scheme
Federal prosecutors have urged an Illinois federal judge to sentence ex-ComEd lobbyist Jay Doherty to one year and three months in prison for his "critical role" in a scheme to bribe former Illinois House Speaker Michael Madigan, whose associates were paid as "subcontractors" under Doherty's lobbying contract with the utility even though they did little to no work.
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July 23, 2025
Senate Confirms Another Missouri Judge
The Senate voted 49-47 on Wednesday evening to confirm assistant U.S. Attorney Zachary Bluestone to serve on the Eastern District of Missouri.
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July 23, 2025
UK Eyes Google, Apple Mandates For App Ranking, Payments
United Kingdom antitrust authorities on Wednesday formally proposed singling out Apple's and Google's mobile platforms for extra regulatory attention and specific mandates, proposing road maps for the Play Store and App Store that could try to stop the companies from boosting their own apps and commission-based payment systems.
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July 23, 2025
Wash. Counties Can Sue State Over Public Defense Funding
A Washington state appeals court has ruled that a coalition of counties has standing to sue the state to force it to provide adequate funding for indigent defense services, saying the coalition had shown that it had been harmed by the current funding system.
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July 23, 2025
Ore. Tax Court Upholds Farm Value Over Owner's Claim
An Oregon farm owner failed to show that his property was overvalued by a local assessor, the state tax court said, rejecting the owner's argument that the assessor misclassified the soil on the land.
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July 23, 2025
Judge Bars Man's Deportation Amid Claims ICE Flouted Deal
The owner of a small Massachusetts construction business who is being held in U.S. Immigration and Customs Enforcement custody may not be moved out of the state while a federal judge considers if the government is violating a January settlement by trying to deport him, according to a Wednesday court order.
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July 23, 2025
Split Conn. High Court OKs Eyewitness ID In Armed Robbery
Connecticut's Supreme Court has narrowly ruled that in the case of a masked armed robbery at a Smashburger, though a victim may have been scared, high, not wearing glasses and directed toward a suspect, her identification of the perpetrator was reliable.
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July 23, 2025
PTAB Ends Remote Hearings Beginning Sept. 1
The U.S. Patent and Trademark Office is mandating that all Patent Trial and Appeal Board proceedings take place in person, starting Sept. 1.
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July 23, 2025
NLRB Precedent Shifts Still Far Away Despite Nominees
The freeze that has gripped the National Labor Relations Board during the first six months of the year showed signs of thawing last week as nominees took key steps forward, but experts said there are still major hurdles they must clear before the board can return to normal function.
Expert Analysis
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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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.