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Public Policy
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July 25, 2025
Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
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July 25, 2025
11th Circ. Calls Dismissal Of Ga. Bar Bias Suit 'Indefensible'
An Eleventh Circuit panel appeared all but certain Friday that it would revive a Georgia attorney's race bias suit against the state's bar association, calling a federal district court's dismissal of her claims that the bar has a two-tiered disciplinary system "indefensible."
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July 25, 2025
Okla. Tribe Fights Town's Plan To Cut Casino Utilities
The Delaware Nation is suing the town of Hinton, Oklahoma, and its officials, alleging that the municipality has threatened to nix utility services to its casino after an agreement over land use expired, in an effort to extract taxes from the federally recognized tribe.
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July 25, 2025
What To Watch As Attys Brace For 401(k) Private Equity Order
Benefits and asset management attorneys are anticipating an executive order from President Donald Trump aimed at expanding access to private equity investments in 401(k) plans, a potential move that's stoking excitement about added investment options and concerns about legal risks. Here are four things on experts' minds as they wait to see if the order materializes.
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July 25, 2025
Former Jan. 6 Prosecutor, 2 Other Ex-DOJ Employees File Suit
A former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol has filed a federal lawsuit along with two other ex-Department of Justice employees alleging they were unlawfully fired.
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July 25, 2025
Greenberg Traurig Hires Ex-Taft Public Finance Attorney
Greenberg Traurig LLP announced Thursday that it has added a former Taft Stettinius & Hollister LLP attorney with a history of public service at both the state and federal levels to its public finance and infrastructure practice.
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July 25, 2025
Judge Rejects FTC Comments In Amazon Defense
A Washington federal judge rejected Amazon's bid to use the Federal Trade Commission's own statements against it in the agency's suit over allegedly deceptive "dark patterns" preventing consumers from unsubscribing from Amazon Prime, saying the e-commerce giant misrepresented the commission's old comments.
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July 25, 2025
Top Immigration Cases Of 2025: Midyear Report
Federal courts repeatedly rebuffed key pillars of President Donald Trump's immigration policy during the first half of the year, with district courts halting efforts to curtail birthright citizenship, restrict asylum at the southern border and deport noncitizens without notice. Law360 looks at some of the most significant immigration litigation developments nearly six months into Trump's second term.
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July 25, 2025
Calif. Court Axes Deported Man's Drug Plea Over Atty Advice
A California appeals court has vacated the drug conviction of a Mexican national and U.S. resident and has told the lower court to set a trial on the charge, finding he wasn't properly told by his lawyer that pleading guilty would lead to deportation.
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July 25, 2025
Judges Solidify Boutros As Chicago's Top Federal Prosecutor
The Northern District of Illinois' acting U.S. attorney is set to continue the job full time after judges in the district voted to appoint him to the role.
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July 25, 2025
Crypto Group Appoints Ex-Legal Chief, Willkie Alum As CEO
A Willkie Farr & Gallagher LLP alum will become the Crypto Council for Innovation's permanent leader after serving as acting CEO since December and previously serving as chief legal and policy officer.
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July 24, 2025
FCC Signs Off On Skydance's $8B Acquisition Of Paramount
The Federal Communications Commission on Thursday gave the green light to Skydance Media's controversial $8 billion acquisition of Paramount Global and its subsidiaries, including CBS' parent company, setting aside concerns that the deal will hurt competition.
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July 24, 2025
Trump Admin Asks Justices To Stay Block On NIH Grant Cuts
The Trump administration on Thursday urged the U.S. Supreme Court to stay a district court's preliminary injunction so that the National Institutes of Health can resume terminating $783 million in grants, saying the lower court, under a recent high court ruling, lacked jurisdiction to make the government pay the grants.
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July 24, 2025
Nonprofits Secure TRO In Challenge To New HUD Grant Rules
A Rhode Island federal judge Thursday granted a temporary restraining order to a coalition of nonprofit groups challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
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July 24, 2025
5th Circ. Says Deportation Waiver Did Not Violate Due Process
A split Fifth Circuit panel found that an unauthorized immigrant did not have his due process rights violated when he signed a form that waived his right to judicial review, saying in a Wednesday opinion that a conviction of an aggravated felony did not violate his rights.
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July 24, 2025
Trump AI Push Runs Up Against Cost, Enviro Concerns
President Donald Trump's push to rapidly build infrastructure for the booming artificial intelligence industry could drive up energy costs in markets supporting data center growth and even hit roadblocks if state and local governments resist new developments.
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July 24, 2025
Trump Admin Sues NYC To Block Sanctuary Policies
The Trump administration on Thursday filed suit in New York federal court seeking to bar New York City from enforcing policies it alleges amount to "intentional sabotage" of federal immigration enforcement and thus violate the U.S. Constitution's supremacy clause.
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July 24, 2025
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.
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July 24, 2025
Glass Lewis Sues Texas Over Proxy Advisory Restrictions Law
Proxy advisory firm Glass Lewis & Co. LLC sued Texas Attorney General Ken Paxton on Thursday over a recently passed state law that it argues requires the firm to "publicly condemn itself" when its advice for clients reflects certain viewpoints the government disfavors.
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July 24, 2025
Ky. Clerk Seeks To Overturn Marriage Equality Ruling
A Kentucky clerk who made international headlines for refusing to issue marriage licenses in protest of the legalization of same-sex marriage asked the U.S. Supreme Court on Thursday to overturn its 2015 marriage equality decision after she unsuccessfully tried to shake a civil judgment against her.
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July 24, 2025
Alina Habba Says She Is Now Acting US Atty In NJ
Alina Habba posted on social media Thursday that she is now the acting U.S. attorney for the District of New Jersey, two days after the federal district court declined to extend her tenure in the interim position.
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July 24, 2025
Wash. AG Sues Contractor To Keep Benefits Data From Feds
Washington State Attorney General Nick Brown launched a lawsuit in Evergreen State court on Thursday seeking to block a fintech contractor from providing the federal government with the private details of food assistance benefit recipients, saying the Trump administration intends to use the data for its "mass deportation project."
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July 24, 2025
Curaleaf Unit Sues Illinois Regulators Over Growhouse Permit
A subsidiary of cannabis giant Curaleaf, Compass Ventures Inc., is suing the Illinois Department of Agriculture for refusing to allow the company to expand its Montgomery County cannabis cultivation center with a 42,000-square-foot "hoop house," claiming the agency allowed at least two rivals to build similar structures in the past.
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July 24, 2025
More Sinclair Stations Reach Consent Decrees On Kid TV Ads
Broadcasters in three states reached consent decrees with the Federal Communications Commission following a wider enforcement action against Sinclair Broadcast Group over Hot Wheels commercials aired during a children's Hot Wheels program in violation of FCC rules.
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July 24, 2025
Feds Say 9th Circ. Order Supports Nixing Delay Of TPS End
The U.S. Department of Justice told the Ninth Circuit it can hear an immediate appeal of a district court's decision postponing the Trump administration's termination of temporary protected status for Venezuelans, citing a recent decision from the appeals court narrowing an injunction in a separate case.
Expert Analysis
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Compliance Tips After Court Axes EEOC's Trans Rights Take
A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.
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Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'
A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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State Farm Rate Hike Portends Intensifying Insurance Crisis
The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.
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Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny
After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.
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In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool
As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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What Money Transmitters Need To Know About New Colo. Law
Colorado's new Money Transmission Modernization Act updates standards for the licensing, supervision and regulation of money transmitters while codifying an agent-to-payee exemption, and represents another step toward standardizing these rules across state governments, say Sarah Auchterlonie and Joel Herberman at Brownstein Hyatt.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Opinion
It's Time To Expand The WARN Act Liability Exception
With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.