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Public Policy
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July 11, 2025
Calif. County Asks Justices To Deny 7th Amendment Review
A Northern California county is urging the U.S. Supreme Court not to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
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July 11, 2025
FTC Looks To Extend Pause Of Noncompete Rule Appeal
The Federal Trade Commission has asked the Fifth Circuit to keep an appeal over the commission's blocked noncompete rule on hold for another 60 days as the agency continues to mull whether it actually wants to defend the rule.
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July 11, 2025
Conservative Groups Bash Idea Of Next-Gen TV Mandate
The growing battle over potential federal rules to move the U.S. toward next-generation TV continued this week as several right-leaning groups came out swinging against government mandates forcing the switchover.
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July 11, 2025
US Seeks To Toss DOGE Taxpayer Data-Sharing Suit
Unions and advocacy organizations trying to block the White House's Department of Government Efficiency from sharing taxpayer data across agencies have not shown they've suffered the sort of injuries that would allow them to sue the federal government, the U.S. government told a D.C. federal court.
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July 11, 2025
Trump Declares 35% Canadian Import Tariff Is Coming Aug. 1
President Donald Trump has sent a letter to Canadian Prime Minister Mark Carney indicating Canadian goods entering the U.S. outside the compliance of a regional trade agreement will face 35% tariffs beginning Aug. 1.
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July 11, 2025
Connecticut Wins Bid To Halt 80-Acre Tribal Land Acquisition
A federal judge has blocked the federal government from transferring 80 acres of land into trust for a Connecticut tribe, saying the state — by a narrow margin — established the factors necessary to warrant a temporary injunction to preserve the status quo.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Feds Flag Possible Atty Conflict In Cuellar Bribery Case
Federal prosecutors on Friday asked for a hearing in the bribery case of U.S. Rep. Henry Cuellar of Texas to determine if one of his lawyers should bow out because he previously represented a witness whom he helped set up a consulting firm allegedly used to funnel money to the congressman.
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July 11, 2025
Bove Faults 'Heavy-Handed' Jan. 6 Cases
Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.
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July 11, 2025
Pa. Panel Won't Give Town Official Immunity For Atty Insult
A Pennsylvania township commissioner isn't entitled to immunity for remarks he made at a meeting about an attorney and her opposition to a neighbor's use of his property, since he was not speaking at his own meeting or addressing a matter of public importance, a state appellate panel has ruled
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July 11, 2025
DOJ Slams 'Stingy' Reading Of Trump's Border Authority
Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.
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July 11, 2025
Pa. House OKs State Actions To Combat False Claims
Pennsylvania would allow the state's attorney general to pursue actions against people who make false claims to use state programs under a bill passed by the state House of Representatives.
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 11, 2025
Judge Upholds NYC Law Blocking Broker Fees For Tenants
A New York federal judge has refused to preliminarily block a New York City law that bans broker fees for landlord brokers under specific circumstances.
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July 11, 2025
Judge Lifts 2-Year Stay In Okla. Tribal Gambling Compact Row
A D.C. federal judge has lifted a two-year stay in four Oklahoma tribes' challenge to the state and federal government over gambling compacts, while denying their request for Interior Department documents related to the agency's approval of the agreements.
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July 10, 2025
9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute
A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.
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July 10, 2025
Nonprofit Calls For Halt To Portland's Labor Peace Policy
A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.
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July 10, 2025
Trump Taps Holland & Hart Partner For Montana Bench
President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.
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July 10, 2025
Fla. Lawmakers Sue DeSantis Over Detention Center Access
Democratic state lawmakers in Florida sued Gov. Ron DeSantis on Thursday to demand access to the new immigrant detention center in the Everglades the lawmakers say they were blocked from visiting last week.
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July 10, 2025
HHS Narrows Health Benefits Available To Noncitizens
The U.S. Department of Health and Human Services on Thursday announced that immigrants living in the country without legal authorization and other noncitizens will no longer be eligible for benefits under Head Start and a host of other federal healthcare programs, based on the agency's reinterpretation of a 1996 social welfare law.
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July 10, 2025
Judge Mulls 48-Hour Hold To Protect Abrego Garcia's Rights
An Immigration and Customs Enforcement official testified Thursday that Kilmar Abrego Garcia would be taken into custody as soon as he's released from U.S. Marshals Service custody in Tennessee, but that no determinations had yet been made about where the government might seek to deport him then.
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July 10, 2025
Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.
A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.
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July 10, 2025
'Admonition' But No More Amazon Penalty For Hidden Docs
A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.
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July 10, 2025
Pa. High Court Takes Up Appeal Over Criminal Gun Rights
The Pennsylvania Supreme Court has agreed to hear the appeal of a man who is accused of attempted murder and weapons charges and consider whether the weapons charges are at odds with the U.S. Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen.
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July 10, 2025
Fed Floats Revision Of Large Bank Rating Framework
The Federal Reserve on Thursday floated a proposed revision to its supervisory rating framework that would allow large bank holding companies to retain a certain stamp of regulatory approval even if they receive a low rating in one area of assessment.
Expert Analysis
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.