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Public Policy
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August 06, 2025
Okla. Tribe Accuses US Sen. Of Secretly Targeting Its Rights
An Oklahoma tribe announced Tuesday allegations of a secret effort by a U.S. senator to incorporate language into future legislation that would terminate its rights to trust land and basic economic development it shares with the Cherokee Nation.
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August 06, 2025
Stanford Daily Sues Trump Admin Over Deportation Threats
Stanford University's student newspaper, The Stanford Daily, sued the Trump administration in California federal court on Wednesday, claiming that the threat of immigration law enforcement against lawfully present noncitizen students expressing pro-Palestinian views is unconstitutional and has students self-censoring out of fears of being deported.
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August 06, 2025
Calif. Water Toxicity Test Flouts Federal Law, Court Rules
A California state appeals court has barred state regulators from requiring wastewater entities to use a new water pollution test for discharge permits, but said the Golden State's adoption of new toxicity provisions was proper under state law.
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August 06, 2025
FCC Blocks 185 Voice Providers For Breaking Robocall Regs
Nearly 200 voice service providers will no longer be able to connect to U.S. networks because they refused to comply with Federal Communications Commission regulations aimed at stemming the flood of robocalls being made to people's phones, the agency said.
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August 06, 2025
Gray TV Urges FCC To Stick With Next-Gen Transition
Broadcast behemoth GrayTV says it's time for the Federal Communications Commission to force the finalization of transition to the next generation of television broadcasting, arguing that the old generation services "place broadcasters at a technological disadvantage."
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August 06, 2025
USPTO's Stewart Suggests Org. Is Eyeing Patent Fee Changes
U.S. Patent and Trademark Office acting Director Coke Morgan Stewart addressed rumors that the Trump administration is considering a new fee on the values of patents on Wednesday, saying Commerce Secretary Howard Lutnick is "very concerned" about the "disconnect" between the low costs of obtaining patents and their huge worth.
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August 06, 2025
5th Circ. Upholds Gun Ban For Convicted Felons
A Fifth Circuit panel on Wednesday shot down a felon's attempt to have a gun charge thrown out after he was found guilty of a drive-by shooting, saying a historical analog from the time of the country's founding allows for confiscation of firearms from felons.
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August 06, 2025
Parents Lose Deportation Appeal That Cited Child's Disability
An Eleventh Circuit panel said Wednesday that hardship determinations in deportation proceedings should be reviewed to ascertain whether federal immigration courts have "substantial evidence" to back the determinations, in the process rejecting an undocumented immigrant couple's bid to stay in the U.S. to continue treatment and schooling for their child, who has a learning disability.
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August 06, 2025
Indivior Beats Investor Suit Over Opioid Drug Sales Forecasts
A Virginia federal judge Wednesday tossed an investor class action accusing drugmaker Indivior PLC of overstating the financial prospects of its drugs used to treat opioid use disorders and its ability to forecast such financial projections, finding, among other things, that the complaint's challenged statements are inactionable.
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August 06, 2025
Crypto.com Seeks Win Over Nev. Regulators In Betting Brawl
The derivatives platform owned by Crypto.com asked a Nevada federal judge to permanently block the state's gambling regulators from taking action over its sports event contracts, which it argues are exclusively overseen by the U.S. Commodity Futures Trading Commission.
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August 06, 2025
Local Gov'ts Oppose FCC's Fast-Track Rule Cut Process
Local governments banded together Wednesday to oppose a new rulemaking procedure that lets the Federal Communications Commission more deftly slash telecom regulations that it views as outdated.
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August 06, 2025
USPTO To Require Advanced Multifactor Authentication
The U.S. Patent and Trademark Office said Wednesday that, beginning in November, it will no longer accept email as an account verification method and will require other, more advanced authentication processes.
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August 06, 2025
Feds Give Amazon's Zoox Robotaxis Green Light
Amazon's self-driving car unit, Zoox Inc., has received federal approval to deploy fleets of robotaxis, making the company the first to receive an exemption from Federal Motor Vehicle Safety Standards for U.S.-built autonomous vehicles under a newly expanded program, the National Highway Traffic Safety Administration said Wednesday.
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August 06, 2025
UC Policy Found Discriminatory Based On Immigration Status
A California state appeals court has ruled that the University of California's employment policy against hiring unauthorized immigrant students who lack federal work permits is "facially discriminatory," and that the university system couldn't lean on a risk of federal enforcement for justification.
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August 06, 2025
Conn. Hospital Advances $8.3M Bonus Claims Against State
Connecticut Children's Medical Center Inc. can proceed on all its claims against the state Department of Social Services in a dispute over an unpaid $8.3 million performance bonus, a state court judge has ruled in turning away the department's bid to trim the case to a single count.
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August 06, 2025
Broadcasters Worry Upper C-Band Moves Could Cause Harm
Broadcasters are concerned about a federal plan to turn over more midband airwaves for next-generation mobile use since networks depend on satellites in the existing band to deliver interference-free programs to affiliate stations.
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August 06, 2025
State AGs Want Final OK For $39M Apotex Price-Fixing Deal
Nearly every state attorney general in the country has asked a Connecticut federal judge to give final approval to a $39.1 million deal to settle claims that drugmaker Apotex Corp. schemed with others to fix prices and allocate markets for generic drugs, noting that the Florida-based company has already made the payment.
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August 06, 2025
Rev Up Unlicensed Device Power In 6 GHz, FCC Told
Now that the Federal Communications Commission has made 6 gigahertz spectrum more widely available to low-power unlicensed devices, the FCC should raise the devices' allowed power levels to make the band even more useful, a wireless group said.
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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.
Expert Analysis
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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Best Practices For State Banks Eyeing Federal Conversions
Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.