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Public Policy
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July 28, 2025
Trump Wants Ex-Death Row Inmates In 'Supermax' ADX
Advocates argue that President Donald Trump's effort to send the inmates whom President Joe Biden saved from federal death row to the country's most restrictive federal "supermax" prison is testing the limits of the justice system.
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July 28, 2025
Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals
A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 28, 2025
Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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July 28, 2025
Texas Resolution Seeks Vote On Lower Property Value Limits
Texas would ask voters if the state should amend its constitution to authorize lower limits on the maximum appraised value of residence homesteads and of real property other than homesteads for tax purposes under a joint resolution filed in the state House of Representatives during a special session.
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July 28, 2025
Fair Housing Groups Win Thaw Of HUD Grant Program Freeze
A Washington, D.C., federal judge on Monday ordered the U.S. Department of Housing and Urban Development to unlock a grant program meant to help nonprofits enforce housing laws after two groups in a purported class complained that the Trump administration abruptly froze the funding.
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July 28, 2025
Judge Says Trump Admin Can't Defund Planned Parenthood
A Massachusetts federal judge on Monday blocked President Donald Trump's administration from denying Medicaid reimbursements to Planned Parenthood clinics, expanding an earlier ruling that had applied only to those that do not provide abortions or that receive minimal federal support.
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July 28, 2025
Top 6 Immigration Cases To Track In 2nd Half Of 2025
The U.S. Supreme Court's June decision curtailing nationwide injunctions promises to shape the trajectory of immigration litigation in the latter half of this year as litigants shift strategies and try other tactics to block the Trump administration’s sweeping immigration measures. Here, Law360 looks at six key immigration cases to watch in the latter half of the year.
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July 25, 2025
Trump Admin Loses Sanctuary Fight With Ill., For Now
An Illinois federal judge Friday threw out the Trump administration's first suit challenging local sanctuary policies, ruling that it's within Illinois', Cook County's and Chicago's rights to opt out of helping the federal government with immigration enforcement efforts.
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July 25, 2025
Judge Keeps Nationwide Block On Birthright Citizenship EO
A Massachusetts federal judge Friday refused to narrow a nationwide injunction blocking President Donald Trump's executive order limiting birthright citizenship, saying any narrower alternative would not be enough to protect a group of states from their asserted harms.
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July 25, 2025
Pullman & Comley Didn't Flag 'Falsified' $16M Loan, Suit Says
Pullman & Comley LLC didn't discover that the executive director of a Connecticut municipal housing authority had allegedly forged a connected company's $16.2 million loan application before penning a letter claiming the deal appeared solid, the lender, who was not a client, has alleged in a lawsuit.
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July 25, 2025
Calif. Air Board Faces New Suit Over Carbon Fuel Standard
Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.
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July 25, 2025
Solar Developer Claims NC County's Permit Denial Was Biased
A "needlessly and excessively combative" board of county commissioners in North Carolina unconstitutionally blocked a solar energy developer's project based on personal issues, according to the company's lawsuit.
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July 25, 2025
DC Circ. Pauses Order Reinstating 2 NCUA Members
The D.C. Circuit on Friday intervened and granted the Trump administration's request to pause a Washington federal judge's order reinstating two National Credit Union Administration board members fired by President Donald Trump, after the federal judge declined to pause the order himself.
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July 25, 2025
Kalshi Tells 3rd Circ. Fed Law Bars NJ From Restricting Its Biz
Sports betting company Kalshi's so-called prediction market that allows users to wager on the outcome of real-world events counts as a federal derivative exchange and, as a result, can't be regulated by state enforcers, the gambling company told the Third Circuit.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
9th Circ. Rejects Suit Against Wash. Youth Gender Care Laws
A Ninth Circuit panel has unanimously declined to revive a challenge to a Washington state law allowing shelters to help runaway teens seek gender-affirming treatment without notifying their parents, ruling on Friday that the plaintiff parents and anti-trans advocacy groups haven't shown actual or imminent harm from the statute.
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July 25, 2025
11th Circ. Overturns Funding Model For SEC Database
The Eleventh Circuit sent the U.S. Securities and Exchange Commission back to the drawing board on Friday to chart a path forward for its $500 million market surveillance tool, telling the regulator that it was unreasonable to potentially force broker-dealers to fund the entire project.
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July 25, 2025
Reviewing Stewart's Latest Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued just eight discretionary denial decisions over the last week, including one that addressed arguments tying in the Biologics Price Competition and Innovation Act for the first time.
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July 25, 2025
3rd Circ. Won't Revive Unraised Claims In Immigration Appeal
The Third Circuit has rejected a Guatemalan mother and son's bid to overturn the Board of Immigration Appeals' denial of asylum and other removal protections, ruling that the board's summary affirmance of the underlying immigration judge's decision can't revive unexhausted claims.
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July 25, 2025
Ky. Radio License Yanked Over Mounting Reg Fee Bills
The Federal Communications Commission has stripped the broadcaster of a Kentucky AM radio station of his license after the station racked up more than $9,000 in fines over the years and never paid them, the agency revealed Friday.
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July 25, 2025
Trump Trade Deals Do Little To Ease Importers' Concerns
President Donald Trump's recently announced framework trade deals offer new insight into tariff rates for several countries come Aug. 1, but experts say unanswered questions about those agreements and others still at large continue to stifle longer-term planning, leaving importers in uncertain territory.
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July 25, 2025
Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use
A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough.
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July 25, 2025
Live Streaming Cos. Should Follow Carry-All Rules, FCC Told
A Christian television station operator says that the Federal Communications Commission "has lost its way on its mandate to foster localism" and ought to correct course by requiring certain streaming services to carry local stations.
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July 25, 2025
Feds Ordered To Renew Contract For Family Separation Deal
A California federal judge late Thursday ordered the federal government to re-enter a contract for behavioral health services and housing support for migrant families separated under the first Trump administration, saying the administration breached a settlement and had to comply with its obligations "now."
Expert Analysis
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Section 899 Could Be A Costly Tax Shift For US Borrowers
Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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The State Of Play For Bank Merger Act Applications
Both the Office of the Comptroller of the Currency's recent reversal of changes to its bank merger policies and the Federal Deposit Insurance Corp.'s rescission of its 2024 statement may be relevant for all banks considering a transaction, as responsibility for review depends on the identity of the parties and the transaction structure, say attorneys at Davis Polk.
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Del. Corporate Law Rework May Not Stem M&A Challenges
While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
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What Parity Rule Freeze Means For Plan Sponsors
In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
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Max Pressure On Iran May Raise Secondary Sanctions Risk
New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
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Platforms Face Section 230 Shift From Take It Down Act
The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
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4 Midyear Employer Actions To Reinforce Compliance
The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
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CFPB's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.