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Public Policy
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August 08, 2025
Trade Group Sues Colorado Over Gas Stove Labeling Law
A home appliances trade association has told a Colorado federal judge that recently passed state legislation mandating that a health warning be placed on all gas stoves is unconstitutional.
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August 08, 2025
Trump EO Requires Appointee Oversight Of US Grantmaking
President Donald Trump has issued an executive order requiring that all funding opportunity announcements and grant awards be reviewed by his political appointees and allowing for grants to be terminated that fall outside the administration's priorities.
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August 08, 2025
Longer Child Detentions At Border Is 'Disturbing,' Judge Says
A California federal judge overseeing enforcement of a decades-old settlement agreement governing the custody of immigrant children indicated Friday she will reject the government's effort to end the consent decree, and also finds recent reports of children being held for long periods at border stations "disturbing."
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August 08, 2025
Advocates Won't Ask Justices To Revive Net Neutrality Rules
Public interest groups said Friday they have decided not to bring a high court challenge to the Sixth Circuit's decision to overturn the Federal Communications Commission's net neutrality rules, even as they called the ruling "spectacularly wrong."
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August 08, 2025
Trump Planning Fannie Mae, Freddie Mac Stock Sale This Year
The Trump administration may move to sell stock in federally backed mortgage bundlers Fannie Mae and Freddie Mac, with officials discussing the details of a possible sale later this year.
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August 08, 2025
DC Medicaid Recipients Win Class Cert. For Notice Row
A D.C. federal judge granted a class certification motion lodged by a group of Medicaid beneficiaries who allege the district has violated their due process rights by failing to provide individualized written notices explaining prescription coverage denials and appeal rights.
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August 08, 2025
Athletes Resist Pause In Conn. Trans Inclusion Case
A Connecticut federal court should deny a defense request to stay a lawsuit challenging transgender inclusion policies in high school athletics until the U.S. Supreme Court makes two rulings on the topic, the plaintiffs said Thursday, noting that the case has been pending for five years and that the justices' decisions are not going to come any time soon.
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August 08, 2025
GOP Sens. Call For Overhaul Of Bank Supervisory Warnings
Republican senators are pressing federal regulators for an overhaul of how they flag and track supervisory concerns at banks, warning that the current system of confidential notices lacks legal grounding and is "increasingly opaque, ineffective and inconsistent."
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August 08, 2025
Latest T-Mobile Deal Suggests DOJ-FCC Spectrum Tension
The Federal Communications Commission declared victory last month in affirmatively clearing T-Mobile's $4.4 billion acquisition of UScellular wireless operations, but the Justice Department appeared far more reluctant in a statement hinting at the wider dynamics of how the Trump administration looks at telecommunications transactions.
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August 08, 2025
NY Court Tosses Challenge To Crackdown On Illicit Pot Shops
A New York state judge has dismissed a constitutional challenge to a crackdown on unregulated marijuana sellers, finding that city and state officials acted within their authority when they targeted the self-described cannabis club that brought the petition.
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August 08, 2025
EV Makers Challenge New Fuel Economy Rule In DC Circ.
An electric vehicle industry group is challenging the Trump administration's rollback of Biden-era fuel economy standards, claiming that the National Highway Traffic Safety Administration's freeze on compliance notifications is threatening the business models of American electric automakers.
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August 08, 2025
Administration Says States Can't Second-Guess ACA Changes
The Trump administration urged a Massachusetts federal court to reject a request by a group of states seeking to stay implementation of new rules that will reduce Affordable Care Act healthcare marketplace subsidies and enforce certain enrollment restrictions.
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August 08, 2025
Texas Bill Seeks To Allow Injunctions Against Tax Collectors
Texas property owners could seek injunctions to prevent local taxing authorities from collecting property taxes if a taxing entity adopts a voter-approved tax increase and takes action that strays from the tax hike's stated purpose, under a bill introduced in the state House of Representatives.
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August 08, 2025
Feds Rip Cuellar's Bid To Ax Entire Bribery Indictment
Federal prosecutors on Friday urged a Texas federal court to reject U.S. Rep. Henry Cuellar's bid to toss his entire indictment for bribery, saying its decision to strike some counts does not deprive the lawmaker of his Fifth Amendment right to have a grand jury determine what charges he should face.
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August 08, 2025
Iowa PBM Law Challengers Seek Wider Block At 8th Circ.
Employers and benefit plans challenging an Iowa law aiming to limit pharmacy benefit managers' power to set drug prices will seek Eighth Circuit review of a district court judge's decision from July that temporarily blocked parts of the new policy as preempted by federal benefits law.
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August 08, 2025
Swiss Metals Group Fears US Tariffs' Impact On Gold
The U.S.-imposed 39% tariffs on Switzerland may "negatively impact" gold trading, a Swiss metals association warned Friday.
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August 08, 2025
DC Circ. Ends Alien Enemies Contempt Probe Against Admin.
A split D.C. Circuit put an end Friday to potential criminal contempt proceedings against the Trump administration over the possibility that it violated a court order barring the removal of a group of migrants under the Alien Enemies Act.
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August 08, 2025
DA Willis Blasts Election Case Probe Testimony Fight As Moot
Fulton County District Attorney Fani Willis told the Georgia Supreme Court that a 2024 subpoena seeking her to testify about her personal relationship with the lead prosecutor in the prosecution of President Donald Trump and others in an election interference case is moot due to a change in the state's law.
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August 08, 2025
Why DOJ's US Attorney Moves Are Reaching Critical Point
The Trump administration's strategy of extending U.S. attorney appointments using a pair of laws that allow for interim and acting prosecutors has sparked a constitutional tug-of-war between the executive, legislative and judicial branches that could end up in the U.S. Supreme Court or spur congressional action.
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August 08, 2025
Attys Seek Final OK Of $100M Walgreens Rx Cost Settlement
An Illinois federal judge should greenlight a $100 million settlement to claims that Walgreens overcharged insured customers for generic prescription drugs, the plaintiffs' attorneys said, asking the judge to wrap up the 8-year-old consumer protection litigation.
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August 08, 2025
Split 2nd Circ. Says Asylum Termination Bars Resident Status
Noncitizens whose asylum status was terminated after criminal convictions are no longer eligible to seek green cards, a split Second Circuit panel said in a ruling issued for cases brought by immigrants from Egypt and Guatemala.
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August 08, 2025
NY Says 1676 Order Can't Help Tribe In Eel Fishing Regs Row
The New York State Department of Environmental Conservation is fighting a Supreme Court bid by the Unkechaug Nation to undo a Second Circuit decision rejecting its challenge to the state's regulations on eel fishing harvests, arguing that a 1676 British colonial governor's order is not federal law.
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August 08, 2025
Conn. Legislation Highlights In The 1st Half Of 2025
The highest-profile bill of Connecticut's 2025 legislative session was the state's two-year, $55.8 billion budget, which increased salaries for judges, boosted access to early childhood education programs and made changes to corporate taxes that are expected to raise around $350 million. But lawmakers also tackled issues in family, criminal and employment law, with mixed success.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
NY Cannabis Sellers Urge Lawmakers To Fix Regulation Flap
New York cannabis retailers facing the revocation of their licenses due to a recent destabilizing shift in regulatory interpretation are urging Gov. Kathy Hochul and the state Legislature to take immediate action to ensure the continuity of their businesses.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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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.