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Public Policy
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July 24, 2025
Trump Says AI Needs Free Content For Global Competition
President Donald Trump has expressed support for letting large language model developers use copyrighted material for training their systems without payment, saying during the unveiling of his artificial intelligence action plan that licensing requirements would impede the technology's progress and give China an unfair advantage.
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July 24, 2025
High Court Hits Pause On 8th Circ. Voting Rights Order
The U.S. Supreme Court on Thursday paused an Eighth Circuit order to vacate two North Dakota tribes' challenge to two of the state's voting laws that they allege will silence the state's Indigenous voters and disenfranchise millions across seven Midwestern states.
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July 24, 2025
DOL Relaunches Employer Self-Audit FLSA Program
The U.S. Department of Labor relaunched an employer self-audit program Thursday that supports employers that seek to resolve potential wage violations and avoid litigation — an initiative from the first Trump administration that was popular among employers.
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July 24, 2025
Jeanine Pirro's Nomination Advances To Full Senate
The Senate Judiciary Committee voted out seven U.S. attorney nominations Thursday, which include Jeanine Pirro, former Fox News host and New York state judge, and four others who had to be revoted on after Democrats walked out of last week's meeting over objections to how the consideration of controversial Third Circuit nominee Emil Bove was being handled.
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July 24, 2025
3rd Circ. Rules Philly Injection Site Equals Religious 'Person'
A nonprofit battling government resistance to its planned safe drug injection site in Philadelphia can qualify for religious freedom protections, the Third Circuit said in a precedential opinion on Thursday, reasoning the organization meets the definition of a "person" practicing religion.
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July 24, 2025
NC Urges 4th Circ. Not To Block Vape Regs During Appeal
North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.
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July 23, 2025
9th Circ. Upholds Birthright Citizenship EO Injunction
The Ninth Circuit on Wednesday affirmed a lower court's preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship in a legal challenge by four states, ruling in a published opinion that Trump's order contradicts the "plain language" of the 14th Amendment's citizenship clause.
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July 23, 2025
Columbia Says It'll Pay $200M To Put To Rest Beef With Trump
Columbia University said Wednesday that it has agreed to pay a $200 million settlement to the federal government to resolve the Trump administration's allegations the institution didn't do enough to protect Jewish students, a move Columbia said means the "vast majority" of federal funding will be restored.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
Diversity Visa Winners Challenge New Travel Ban, Visa Policy
More than 100 nationals of countries hit by President Donald Trump's latest travel ban filed suit Tuesday in D.C. federal court, accusing the Trump administration of unlawfully suspending visa processing under a program aimed at diversifying the immigrant community of the United States.
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July 23, 2025
CFPB Sued Over Retreat From Biden-Era Small-Biz Loan Rule
The Consumer Financial Protection Bureau was sued Wednesday in Washington, D.C., federal court over claims it is illegally dismantling a data-collection rule meant to expose discrimination in small-business lending, the latest twist in multi-front litigation over the Biden-era measure.
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July 23, 2025
911 Call Centers Face Cybersecurity Risks, Mich. Says
As the Federal Communications Commission moves to transition the country to next-generation 911 services, it should take a closer look at cybersecurity, a Michigan emergency response panel told the agency.
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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.
Expert Analysis
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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.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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How Cos. Can Prep For Calif. Cybersecurity Audit Regulations
As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.