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Public Policy
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August 06, 2025
Battle Lines Form Around Interior's Updated NEPA Rule
The U.S. Department of the Interior is facing stiff resistance from green groups and blue states that oppose its new environmental review process for infrastructure projects, but some industry groups said the agency has taken the right approach.
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August 06, 2025
Colo. Justices Asked To Rule On Pro Se Appeal Authority
A plumbing company and two Colorado homeowners asked the state's Supreme Court on Tuesday to clarify that the Colorado Court of Appeals has jurisdiction to prevent litigants from making "frivolous" pro se filings, contrary to a prior ruling from the court.
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August 06, 2025
Texas Developers' Antitrust Claims Don't Hold Up, Judge Says
A Texas federal judge on Wednesday recommended dismissal of antitrust claims brought by real estate companies that claimed the city of Mansfield illegally blocked their access to water utilities, finding the city was taking action within its purview.
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August 06, 2025
Judge Questions USDA's Climate Grant Cuts
A D.C. federal judge grilled an attorney for the federal government over why the U.S. Department of Agriculture's climate-focused grants for farmers and food nonprofits were rescinded en masse when they seemingly aligned with the program, but also told recipients that she won't be "rearranging" the agency's priorities.
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August 06, 2025
FAR Council Issues Final Rule On SAM Registration
The Federal Acquisition Regulatory Council issued a final rule on Wednesday clarifying that contractors don't need to be continuously registered in a federal database between bidding and contract award.
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August 06, 2025
US Asks High Court To Decide If Drug Users Can Have Guns
The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.
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August 06, 2025
9th Circ. Backs SEC's No-Denials Settlements Rule
The Ninth Circuit on Wednesday rejected a First Amendment challenge to a decades-old U.S. Securities and Exchange Commission rule that restricts defendants who settle securities law charges from denying the claims against them, saying the law has "long regarded the voluntary relinquishment of constitutional rights as permissible" with safeguards.
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August 06, 2025
NY US Atty Faces Watchdog's Ethics Suit After Altercation
Legal ethics watchdog Campaign for Accountability on Wednesday called for an ethics probe of acting U.S. Attorney John Sarcone III of the Northern District of New York, alleging that he made a number of deceptive claims arising from a June altercation.
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August 06, 2025
Family Says Court Must Face Bias Suit Over Witness Killing
The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.
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August 06, 2025
Ark. Prisoners Challenge Nitrogen Gas Execution Law
Ten Arkansas death row inmates have challenged a new law authorizing their execution by nitrogen gas, arguing the law is unconstitutional because it violates the state's separation of powers doctrine, an attorney confirmed to Law360.
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August 06, 2025
Interior Dept. Reverses Approval Of Idaho Wind Farm
The U.S. Department of the Interior on Wednesday said it would reverse a Biden-era approval of a controversial wind farm in Idaho, the latest move by the Trump administration to restrict U.S. wind energy development.
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August 06, 2025
Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis
Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.
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August 06, 2025
Trump Hits India With 50% Tariff For Russian Oil Purchases
President Donald Trump announced Wednesday that he would increase India's tariff rate to 50% by late August, citing the country's imports of Russian oil.
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August 06, 2025
DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial
When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.
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August 06, 2025
FTC Challenges $945M Heart Valve Deal
The Federal Trade Commission filed suit Wednesday against Edwards Lifesciences Corp. over the company's proposed $945 million purchase of JenaValve Technology Inc., arguing the deal would give Edwards control over both of the only firms with ongoing U.S. clinical trials developing an important heart valve replacement device.
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August 06, 2025
Starmer Declines To Rule Out Tax Hikes In UK Budget
U.K. Prime Minister Keir Starmer declined to rule out tax hikes in the autumn budget after a think tank claimed Wednesday that the government will need to raise more tax revenue to meet its fiscal rules and prevent a deficit of £41.2 billion ($55 billion).
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August 06, 2025
G7's Tax Carveout For US Cos. Raises EU State Aid Questions
The Group of Seven nations' deal to exclude U.S. companies from Pillar Two minimum tax rules would give those companies a competitive advantage, experts say, prompting questions about the carveout's compatibility with EU state aid rules and whether a viable path exists to challenge the deal.
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August 06, 2025
Conn. Schools Seek Pause In Trans Athlete Case Amid Review
A Connecticut athletic association and five local school boards have asked a federal judge to stay discovery and summary judgment deadlines in a lawsuit challenging their transgender inclusion policy until the U.S. Supreme Court issues an opinion on the issue.
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
Honduran Woman 'Cruelly' Separated From Family Wins Relief
A Manhattan federal judge on Wednesday extended an order preventing the Trump administration from removing a Honduran woman who was "abruptly and cruelly" arrested during a check-in with New York City immigration officials and moved to a Texas detention center.
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August 06, 2025
Feds Agree To Restore Georgetown Academic's Visa Record
A Virginia federal judge approved a settlement resolving one aspect of Georgetown academic Badar Khan Suri's fight against the Trump administration's attempt to deport him on foreign policy grounds after the government said it restored his electronic visa record.
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August 06, 2025
LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit
Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.
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August 05, 2025
Wash. Judge Questions Injunctions' Scope In Head Start Case
A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.
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August 05, 2025
Tornado Cash Jury Still Out, SEC Leader Backs Privacy Tech
Jury deliberations in the money laundering and sanctions trial of Tornado Cash co-founder Roman Storm continued Tuesday with no verdict, one day after a top securities regulator championed the legitimacy of privacy-protecting technologies, much like defense claims about the cryptocurrency tumbler.
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August 05, 2025
Student Says Emory Suspended Her For Palestinian Support
A Muslim, Palestinian American student is suing Emory University, its board of trustees and a leader at its medical school in Georgia federal court, alleging her rights were violated when she was suspended after supporting "Palestinian human rights and criticizing discriminatory treatment" at the university.
Expert Analysis
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.