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Public Policy
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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$2.6 million it put down on a property where it intended to construct a commercial spaceport after the county's voters repealed authorization for the project in a referendum.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.
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July 23, 2025
Democratic Lawmaker Reintroduces Cannabis Shipping Bill
A Democratic member of Congress has reintroduced a federal bill that would allow small cannabis farms to mail their products directly to customers in other states with legalized cannabis if and when federal marijuana prohibition ends.
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July 23, 2025
Sen. Collins Opposes Bove For 3rd Circ. Over Bias Concerns
Sen. Susan Collins, R-Maine, will oppose the confirmation of Emil Bove to the Third Circuit, and Sen. Lisa Murkowski, R-Alaska, has also indicated her likely opposition.
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July 23, 2025
Ex-Real Estate Finance Pro Tapped For OCC Chief Of Staff
President Donald Trump's top national bank regulator has hired a new chief of staff, bringing on a former federal housing finance official from the private sector to help steer policy coordination and internal operations at the Office of the Comptroller of the Currency, the agency said Wednesday.
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July 23, 2025
NJ Comptroller Flags $34M Hole, Targets Lifeguard Pensions
The New Jersey Office of the State Comptroller recommended Wednesday that the state legislature scrap a law mandating a handful of shore towns provide pensions to lifeguards after it found some municipalities underfunded the plans and face deficits of more than $34 million.
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July 23, 2025
High Court Lets Trump Fire CPSC Members, For Now
The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.
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July 23, 2025
Takeaways From The US Attorney Role Tumult In New Jersey
The U.S. Attorney's Office in New Jersey was thrown into turmoil Tuesday with a leadership dispute that remained open Wednesday, teeing up a battle between the White House and the Garden State's senators on Capitol Hill.
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July 23, 2025
2nd Circ. Orders Review Of Sealed Epstein Case Docs
The Second Circuit on Wednesday vacated rulings denying requests to unseal materials in a defamation case tied to deceased financier and accused sex trafficker Jeffrey Epstein, ordering a New York district court to review certain filings after determining they're considered judicial documents and presumed to be public.
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July 23, 2025
AGs Ask NCAA To Revoke Transgender Athletes' Awards
Attorneys general from 27 states and Guam sent a letter to the NCAA urging it to rescind recent records and titles that were "wrongly" awarded to transgender female college athletes and instead give them to their cisgender competitors.
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July 23, 2025
Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction
Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.
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July 23, 2025
Feds Fight Bid To Block Domestic Violence Grant Restrictions
The U.S. Department of Justice is fighting a bid by a group of domestic violence coalitions to block restrictions imposed on grants from its Office on Violence Against Women, arguing that a Rhode Island federal court lacks jurisdiction over the group's claims and that the Tucker Act instead gives jurisdiction to the U.S. Court of Federal Claims.
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July 23, 2025
NJ Justices Back AG Takeover Of Paterson Police Dept.
New Jersey Attorney General Matthew J. Platkin acted within his authority when he took control of the troubled police department of the state's third-largest city in 2023, the state Supreme Court unanimously ruled Wednesday.
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July 23, 2025
Trump Publishes AI 'Action Plan' With 90 Policy Proposals
In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.
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July 23, 2025
Paramount, Skydance Defend Merger Plan At FCC
Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.
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July 23, 2025
8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction
The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.
Expert Analysis
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Shifting DEI Expectations Put Banks In Legal Crosshairs
The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.
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Compliance Tips After Court Axes EEOC's Trans Rights Take
A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.
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Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'
A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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State Farm Rate Hike Portends Intensifying Insurance Crisis
The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.
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Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny
After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.
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In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool
As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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What Money Transmitters Need To Know About New Colo. Law
Colorado's new Money Transmission Modernization Act updates standards for the licensing, supervision and regulation of money transmitters while codifying an agent-to-payee exemption, and represents another step toward standardizing these rules across state governments, say Sarah Auchterlonie and Joel Herberman at Brownstein Hyatt.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Opinion
It's Time To Expand The WARN Act Liability Exception
With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.