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Public Policy
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August 13, 2025
Andreessen Horowitz Urges SEC To Craft DeFi Safe Harbor
Venture capital firm Andreessen Horowitz and crypto lobby the DeFi Education Fund penned a joint letter Wednesday, urging the U.S. Securities and Exchange Commission to shield certain decentralized crypto projects from broker-dealer requirements.
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August 13, 2025
What Attys Want To Know About Lutnick's Harvard IP Threat
After the U.S. Department of Commerce threatened last week to take control of some patents owned by Harvard University, attorneys have been questioning the practicality and legality of doing so.
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August 13, 2025
Ga. Defends Polling Place Food And Water Ban At 11th Circ.
The state of Georgia urged the Eleventh Circuit on Wednesday to restore a ban on handing out food and water to voters in line after it was partially blocked by a federal district judge, telling a panel that the First Amendment controversy over the restriction shouldn't outweigh the state's interest in maintaining order at polling places.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
9th Circ. Greenlights Expansive Use Of Discovery Statute
The Ninth Circuit ruled for the first time that documents produced under a foreign discovery statute may be used in proceedings other than those identified in a petition, affirming an Oregon federal court decision in an acrimonious dispute over control of a Luxembourg-based investment fund.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
Visa Lottery Applicants Win Bid To Compel Travel Ban Record
The Trump administration has until Thursday to disclose the administrative record behind the travel ban, which a D.C. federal judge said is necessary to weigh a bid by diversity visa lottery winners to halt what they deem an unlawful "no-visa policy."
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August 13, 2025
Pennsylvania Drops $2B Suit After Federal Funds Restored
Pennsylvania Gov. Josh Shapiro voluntarily dismissed on Wednesday a lawsuit against the Trump administration seeking to restore $2 billion in federal funds designated for Pennsylvania in light of the government's release of the money.
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August 13, 2025
Business Groups Fail To Halt Calif. Climate Reporting Rules
The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.
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August 13, 2025
Colo. Dispensary Says Weed Regulator Made Invalid Rule
The owners of a cannabis company told a state judge on Tuesday that an industry bulletin posted about them by Colorado's marijuana regulator was "quasi-legislative" and created new enforcement rules in the industry without approval.
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August 13, 2025
High Court's Trans Ruling Doesn't Change Insurer's ACA Loss
A Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti.
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August 13, 2025
Trump Taps Democratic Commissioner As Acting FERC Chair
President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.
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August 13, 2025
Trump Admin Bid To Kill SSA Data Suit Ruled Premature
The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.
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August 13, 2025
8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care
A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.
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August 13, 2025
Trump's Troop Deployment In Calif. Troubles Judge
A California federal judge overseeing a bench trial over the state's claims that President Donald Trump unlawfully deployed troops there told a U.S. Justice Department lawyer Wednesday that he was troubled by the seeming lack of limits on the use of the soldiers once they're in place.
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August 13, 2025
Trump's 'Debanking' Push May Run Up Against Biden-Era Wall
President Donald Trump wants federal regulators to punish banks that they find have unfairly closed accounts belonging to conservatives, but those plans could collide with a court decision that his administration chose to stop fighting earlier this year.
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August 13, 2025
DC Circ. Greenlights Trump's Freeze On Foreign Aid
A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.
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August 13, 2025
Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits
Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
FCC Waives Local Radio Ownership Cap In East Texas
The Federal Communications Commission will allow an acquisition of several commercial FM radio stations in east Texas to go through by waiving the agency's local ownership cap, the agency said Wednesday.
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August 13, 2025
Wash. Agencies Must Give Up Docs In Medicaid Fraud Case
A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.
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August 13, 2025
5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit
The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.
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August 13, 2025
2nd Circ. Upholds Ban On Certain SALT Cap Workarounds
An Internal Revenue Service rule prohibiting charitable donation workarounds to the federal cap on state and local tax deductions will remain in place, a Second Circuit panel said Wednesday, affirming a district court determination that upheld the agency's ban on the programs.
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August 13, 2025
USPTO Caps Briefs At 20 Pages For Discretionary Reviews
Patent owners and challengers will be limited to 20-page briefs when arguing over whether a Patent Trial and Appeal Board petition should be discretionarily denied, board leaders announced Wednesday in a webinar.
Expert Analysis
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.