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Public Policy
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August 15, 2025
White Supremacist's Sentence Upheld Despite Discovery Error
The Fourth Circuit ruled Friday that a leader of a white supremacist street gang can't escape his 25-year prison sentence, rejecting the argument that his plea agreement was invalid since prosecutors' discovery was missing pages.
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August 15, 2025
NetChoice Sues Colo. Over Social Media Warnings For Minors
A trade association representing social media giants Meta, YouTube, Reddit and others claims a Colorado law set to go into effect next year that will require social media platforms to display warning messages for minors is compelled speech in violation of the First Amendment.
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August 15, 2025
DC Judge Gets City And Feds To Strike Deal On Police Takeover
A federal judge hesitated Friday to restrain the Trump administration from taking over the District of Columbia Metropolitan Police Department, successfully urging the city and government attorneys to iron out an agreement instead to divert the court's immediate intervention.
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August 15, 2025
Federal Reserve To End Crypto-Focused Supervisory Program
The Federal Reserve Board on Friday announced the end of a Biden-era supervisory program that specifically oversaw banks' crypto and fintech activities, a move that comes after Wall Street trade groups argued that the program unfairly subjected banks to a higher level of scrutiny for their use of novel tech.
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August 15, 2025
5th Circ. Says PWFA Was Constitutionally Enacted
The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.
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August 15, 2025
Interior Dept.'s Clean Energy Rules Could Snag Grid Hookups
Recent U.S. Department of the Interior moves to place additional regulatory and permitting burdens on renewable energy facilities may also cover projects those facilities need to get on the grid, the agency has told Law360.
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August 15, 2025
Bid To Stop Spectrum Rule Waiver Renewed At FCC
A spectrum licensee is calling out the Federal Communications Commission's decision to assign licenses previously held by Telesaurus Holdings and Skybridge Spectrum Foundation to Progeny LLC, saying the commission's waiver of spectrum aggregation limits in the M-LMS band for Progeny reflects "arbitrary, preferential decision-making" that others haven't been granted.
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August 15, 2025
Feds Look To End Seminole Land Seizure Dispute
The federal government urged a Florida federal court to toss a suit by two members of the Seminole Tribe of Florida who say federal agencies are threatening to confiscate their land inside Big Cypress National Preserve, arguing they fail to allege any waiver of U.S. sovereign immunity.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
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August 15, 2025
Amazon Keeps Damages Expert For FTC's Prime Case
A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."
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August 15, 2025
Chippewa Cree Sues Montana County Over Native Vote Dilution
An Indigenous tribe is asking a federal court to block Chouteau County, Montana, from using an at-large election system and implementing three single-member voting districts, arguing the policies are artificially suppressing Native Americans' ability to equally participate in the electoral process.
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August 15, 2025
Judge Clears School Of Violating GOP Club's Speech Rights
A Michigan federal judge has ruled that a public high school in Ann Arbor did not violate the constitutional rights of conservative students by refusing to air an announcement opposing an abortion rights measure.
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August 15, 2025
Texas AG Opens Investigation Into Xcel Over Panhandle Fires
Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.
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August 15, 2025
5th Circ. Backs San Antonio's Park Plan Over Tribal Protests
The Fifth Circuit has upheld a lower court order saying a San Antonio park has legitimate public safety issues that allow the city to implement a tree removal plan and rookery management measures while also giving tribal members access to a disputed area for religious ceremonies.
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August 15, 2025
IRS Strips 5% Safe Harbor In Solar, Wind Tax Credit Guidance
Large-scale clean energy projects seeking to claim solar and wind tax credits before they expire under a new accelerated sunset schedule can no longer rely on a safe harbor to incur 5% of the building costs to establish eligible construction start dates under Internal Revenue Service guidance released Friday.
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August 15, 2025
Mass. Nonprofit To Pay $1M To Settle FCA Allegations
A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.
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August 15, 2025
US Eyeing Tariffs, Port Levies Over Shipping Emissions Plan
The U.S. government is considering tariffs, visa restrictions or port levies — and potentially a combination of those measures — in response to an intergovernmental plan to push the global shipping industry toward achieving net-zero greenhouse gas emissions, a U.S. Department of State spokesperson told Law360.
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August 15, 2025
Madigan Ally Seeks Release Pending Bribery Appeal
A lobbyist for Commonwealth Edison asked an Illinois federal judge to let him remain free on bond while he appeals a jury's finding that he and others conspired to bribe former Illinois House Speaker Michael Madigan, saying the Seventh Circuit will consider multiple questions of law that could warrant a reversal, new trial or reduced sentence.
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August 15, 2025
AT&T Seeks Approval To Halt Copper Service After Thefts
AT&T is asking the Federal Communications Commission for emergency authorization to suspend its copper-based phone legacy service for 22 customers outside Dallas, claiming that service outages were caused by a series of copper thefts from its facilities in June.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
NLRB Top Cop Says States Can't Act As Agency Stand-In
The National Labor Relations Board's acting general counsel opined Friday that federal law blocks pending state proposals to take on the agency's labor relations oversight even when the board can't perform certain functions because it lacks a quorum.
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
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August 15, 2025
Interim US Atty In NM Named To Acting Role, Sens. Protest
The interim U.S. attorney for the District of New Mexico has been designated acting U.S. attorney — the latest in the Trump administration's efforts to bypass the Senate confirmation process and install the president's picks.
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August 15, 2025
FCC Warns Of Possible $2.4M Pirate Radio Fines In Ill., Conn.
Someone is operating an illegal radio station on a residential street in Springfield, Illinois, and the Federal Communications Commission says it can and will fine the person responsible more than $2.4 million if they don't cut it out — and it's not the only one.
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August 15, 2025
Town Says TV Reporter Bypassing Own Blame For Broken Leg
A television news reporter can't shirk the blame for his broken leg after he allegedly failed to exercise reasonable care while walking in a parking lot and got run over by a town worker, the town told North Carolina's highest court in seeking to undo a jury verdict favoring the reporter.
Expert Analysis
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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.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.