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Public Policy
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July 23, 2025
Spurning Outsiders, Trump Expands Role In Picking Judges
President Donald Trump is tightly controlling judicial nominations in his second term, eschewing guidance from mainstream groups and instead relying on close advisers and vetting candidates himself.
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July 23, 2025
Senate Confirms Roth To Lead Federal Spectrum Agency
The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.
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July 23, 2025
Trump Admin To Probe Harvard's Student Visa Program
The State Department said Wednesday it is opening an investigation into Harvard University's eligibility to host international students and professors on visas, the Trump administration's latest salvo in its legal battle with the elite school.
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July 22, 2025
9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit
Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.
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July 22, 2025
Trump's NCUA Board Member Firings Were Illegal, Judge Says
A D.C. federal judge on Tuesday held that President Donald Trump broke the law when he fired two Democratic credit union regulators, finding that the members must remain on the National Credit Union Administration's board and can only be removed before their terms are up for cause.
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July 22, 2025
Trump Says US Has Reached 'Exciting' Trade Deal With Japan
President Donald Trump on Tuesday said the United States has entered into a "massive" trade deal with Japan under which Japan will "open their country to trade, including cars and trucks, rice and certain other agricultural products" and pay a 15% tariff.
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July 22, 2025
DC Circ. Denies AP's Bid To Rehear White House Press Ban
The D.C. Circuit on Tuesday refused to reconsider a split panel's decision reinstating a White House directive banning the Associated Press from the Oval Office and other restricted spaces, with one circuit judge explaining that the requirements for an en banc review were not met.
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July 22, 2025
Bipartisan Bill Aims To Protect Judges From Rising Threats
Representatives Lucy McBath, D-Ga., and Michael McCaul, R-Texas, on Tuesday reintroduced legislation in the U.S. House of Representatives to better protect state and local judges from threats and violence that are "becoming increasingly more common" against the judiciary.
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July 22, 2025
Basel Exit Could Hurt US Influence, Experts Warn At Fed Event
Banking industry experts warned Tuesday that the U.S. risks undermining its global influence and keeping bank capital costs elevated if it doesn't implement some form of the so-called Basel III endgame, with one former Federal Reserve official likening the prospect of such a retreat to the "Peanuts" gag of Lucy yanking the football from Charlie Brown.
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July 22, 2025
5th Circ. Asks If Fishery Council Guidance Was Ratified
A Fifth Circuit panel pushed multiple commercial fisheries to explain how the adoption of fishing limit recommendations from a council would not count as a ratification and clear constitutional hurdles, saying during oral arguments on Tuesday that the council in question seemingly made a "bottom up data recommendation."
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July 22, 2025
GOP Senators Float Crypto Market Structure Discussion Draft
Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.
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July 22, 2025
OCC Defends Ex-Wells Fargo Exec's $10M Fake Accounts Fine
The Office of the Comptroller of the Currency has urged the Eighth Circuit to uphold a $10 million penalty and industry ban against a former Wells Fargo risk executive for her role in the bank's fake accounts scandal, arguing her post-Jarkesy claims rest on a "fundamental misconception" of the Constitution.
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July 22, 2025
After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban
A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.
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July 22, 2025
Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight
Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.
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July 22, 2025
DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now
One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.
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July 22, 2025
Bid Protest Experts Push For Focus On Data, Debriefings
Bid protest experts told lawmakers Tuesday that they should focus on collecting more data on the federal procurement process and expanding the use of enhanced post-award debriefing procedures to civilian agencies, rather than penalizing companies that file frivolous bid protests.
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July 22, 2025
US Olympic Officials Ban Trans Women, Comply With Trump
The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Power Cos., PJM Back FERC Auction Rerun Decision
Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.
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July 22, 2025
Pa. High Court Says Expunged DUI Still Counts As An Offense
Pennsylvania's highest court ruled Tuesday that the state can count a charge for driving under the influence that was expunged following a diversion program as a prior offense for the purpose of suspending a man's driver's license after he committed another DUI offense.
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July 22, 2025
Feds Tell 9th Circ. That Judge Misread Trump's Sanctuary Orders
The U.S. Department of Justice told the Ninth Circuit on Monday that a district court's injunction blocking the Trump administration from withholding federal funding to sanctuary jurisdictions like San Francisco rests on the court's misunderstanding of President Donald Trump's executive orders.
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July 22, 2025
Divided 3rd Circ. Backs ICE Detention Contracts In NJ
A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.
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July 22, 2025
ND Fights Tribes' High Court Bid To Stay Voting Rights Order
North Dakota Secretary of State Michael Howe urged U.S. Supreme Court Justice Brett Kavanaugh to deny a bid by two North Dakota tribes to pause an Eighth Circuit decision that vacated their challenge to two state voting laws, arguing the tribes have not established a likelihood of reversal.
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July 22, 2025
Humana Asks Texas Court To Void 2025 Medicare Ratings
Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.
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July 22, 2025
Civil Rights Org. Backs 2nd Suit Over Tariffs, In Texas
The New Civil Liberties Alliance is representing two businesses and a trade association in Texas federal court in a suit filed on Monday against the federal government — the second suit the alliance has taken on to fight President Donald Trump's emergency tariffs.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
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Unpacking DOJ's Suit Against Maryland Federal Bench
Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.
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What Calif. Insurance Ruling Means For Smoke Damage Limits
As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
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Wash. Law Highlights Debate Over Unemployment For Strikers
A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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Justices' Resentencing Ruling Fortifies First Step Act Tools
The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.