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Public Policy
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July 30, 2025
OCC Hires Top Skadden Banking Atty As New Chief Counsel
The Office of the Comptroller of the Currency said Wednesday that it is bringing on one of the leaders of Skadden Arps Slate Meagher & Flom LLP's bank regulatory practice to serve as the agency's new top lawyer.
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July 30, 2025
Trump To Hit India With 25% Tariff, 'Penalty' Starting Friday
President Donald Trump said Wednesday that he planned to impose a 25% tariff on India beginning Friday, plus an additional "penalty," citing the country's energy and defense dealings with Russia as top concerns along with trade barriers.
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July 30, 2025
Ore. Clarifies Info Disclosure For Enterprise Zone Tax Breaks
Oregon specified which of a business's records are exempt from disclosure when applying for an enterprise zone property tax exemption and clarified eligibility requirements under a bill signed by the governor.
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July 30, 2025
Apple Says DOJ Attacking Legitimate 'Design Choices'
Apple leaned on a familiar playbook of privacy, security and independent choice in its answer to the U.S. Department of Justice monopolization lawsuit in New Jersey federal court, arguing the government "fundamentally misunderstands" the restrictions it imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County, California, property owners is urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 30, 2025
Top Immigration Policies To Track In The 2nd Half Of 2025
President Donald Trump's approach to immigration in the first half of the year promises to ramp up in the latter half of 2025, with immigration attorneys anticipating increased workplace raids and detention, and more visa processing delays. Law360 takes a look at policy issues that could feature prominently in the second half.
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July 30, 2025
Grassley 'Offended' By Trump's Blue Slip Criticism
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, said Wednesday he was "surprised" and "offended" by President Donald Trump's post Tuesday night urging him to get rid of so-called blue slips, which are essentially vetoes for home state senators over U.S. attorney and district court nominee picks.
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July 29, 2025
States Sue To Block Feds' Demand For Benefit Recipient Data
Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.
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July 29, 2025
Trump Admin Says UCLA Didn't Protect Jewish Students
The U.S. Department of Justice said Tuesday that it determined that the University of California, Los Angeles, violated civil rights laws by failing to "adequately respond" to harassment and abuse that Jewish and Israeli students faced on its campus following the war in Gaza.
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July 29, 2025
X Corp. Asks Judge To Keep Suit Alleging Ad Boycott Intact
X Corp. is asking a Texas federal judge to keep intact its sprawling antitrust lawsuit against advertisers, saying in multiple briefs that the World Federation of Advertisers and several major brands conspired to withhold billions of dollars in advertising in response to its allegedly lax moderation policies.
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July 29, 2025
CFPB Plans 'Accelerated' Push To Revamp Open Banking Rule
The Consumer Financial Protection Bureau on Tuesday persuaded a Kentucky federal judge to stay a banking industry legal challenge to its Biden-era open banking rule, saying it now plans to rewrite the rule on an "accelerated" basis and expects to start next month.
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July 29, 2025
5th Circ. Allows Challenge To Nonprofit Political Pro Bono Ban
The Fifth Circuit said Monday a free speech nonprofit has the right to sue members of the Texas Ethics Commission in an attempt to conduct pro bono work for a political organization, saying the commissioners do not have sovereign immunity in their official roles and must face the suit.
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July 29, 2025
9th Circ. Urged To Rehear Alaskan Willow Project Ruling
Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.
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July 29, 2025
Miss. AG Says Judge's TRO Over State DEI Ban Full Of Errors
Mississippi's attorney general wants a federal judge to explain "indisputable factual inaccuracies" in his decision pausing enforcement of a state law prohibiting diversity, equity and inclusion in public schools, saying Monday that the judge's original order contained nonexistent allegations, wrongly identified plaintiffs and defendants, and quoted terms that don't appear in the legislative text.
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July 29, 2025
Ambulance Co. Can't Undo $2.3M Verdict In Wash. Crash Case
A Washington Court of Appeals panel has affirmed an ambulance operator's $2.3 million trial court loss in a patient's family's wrongful death case over a crash, rejecting the company's argument that its crew was shielded from liability by a state law that protects first responders providing emergency medical services.
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July 29, 2025
Affirmed Energy Says FERC Unlawfully Cut Auction Rights
Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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July 29, 2025
SEC Tosses Broker's NSCC Margin Rule Challenge
The U.S. Securities and Exchange Commission has dismissed a bid by Alpine Securities Corp. to challenge heightened margin requirements from the National Securities Clearing Corp., with the commission finding the rules are too broadly applicable to warrant review as a denial of access.
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July 29, 2025
FCC Nixes Objection To Nonprofit's New Miami FM Station
Three petitioners have been scrabbling before the Federal Communications Commission for the right to operate a new low-power station in a part of Miami that can only tolerate one station, and the agency has finally decided who gets it.
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July 29, 2025
SEC Greenlights 'In-Kind' Redemptions For Crypto ETPs
The U.S. Securities and Exchange Commission voted Tuesday to approve orders to allow cryptocurrency-based exchange-traded products to use in-kind creations and redemptions, aligning with more traditional ETPs.
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July 29, 2025
Trump Says High Court Rulings Undermine Wash. Halt On EOs
Recent decisions by the U.S. Supreme Court undermine a Washington federal judge's finding that portions of two executive orders concerning gender-affirming care and transgender identity likely violate the Constitution, the Trump administration argued in recent filings.
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July 29, 2025
Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now
The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.
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July 29, 2025
Reported Plan For Value-Based Patent Fees Unnerves Experts
A proposal reportedly under consideration by the Trump administration to charge patent owners a new fee based on the value of their patents has spurred numerous questions and concerns among experts, who say the idea appears nearly unworkable and could hinder innovation.
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July 29, 2025
9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits
A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.
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July 29, 2025
Ill. Speaker Should Serve Prison Time As Ordered, Feds Urge
Former Illinois House Speaker Michael Madigan should serve his seven-and-a-half-year corruption sentence as scheduled because he can't cite any particularly substantial appellate issues that would call for such relief, let alone convince the Seventh Circuit to reverse his entire corruption conviction, federal prosecutors argued Monday.
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July 29, 2025
DOD Expands Tricare's Clinical Trial Benefit
The U.S. Department of Defense has issued a final rule that makes health insurance coverage for clinical trials aimed at treating and preventing COVID-19 and other infectious diseases permanent for military personnel, retirees and their families.
Expert Analysis
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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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.