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Public Policy
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June 26, 2025
10 Years Later: Obergefell Attorneys, In Their Own Words
Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.
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June 26, 2025
No Work Needed For Military Leave Pay, Wash. Justices Say
Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.
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June 26, 2025
DOJ Puts U. Of California Diversity Plans Under Microscope
The U.S. Department of Justice's civil rights arm said Thursday it's launching an investigation into whether a University of California strategic plan prompted its campuses to discriminate against job applicants and employees based on their race and gender.
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June 26, 2025
Lawmakers Object To USPTO Reneging On Atlanta Hub Plan
A group of federal lawmakers from Georgia has written to the acting director of the U.S. Patent and Trademark Office to ask why it no longer plans to launch an outreach office in Atlanta and instead plans to open one at its current headquarters in Alexandria, Virginia.
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June 26, 2025
Conn. Pushes For Emergency Halt To Tribal Land Trust Plan
Connecticut is looking to halt the U.S. Interior Department's transfer of 80 acres into trust for the Mashantucket Pequot Tribal Nation, arguing that without intervention, the federal government will interfere with the state's sovereign right to control its territory and its ability to enforce its laws.
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June 26, 2025
Trump Admin. Moves To Fast-Track Immigration Fines
The U.S. Department of Justice and U.S. Department of Homeland Security released an interim final rule on Thursday aimed at making it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart.
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June 26, 2025
Key DOL Nominees Clear US Senate Committee
U.S. Department of Labor nominees cleared a U.S. Senate committee Thursday and are set to head to a vote in the full chamber, moving the agency closer to having a complete leadership team that is likely to proceed with policy changes.
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June 26, 2025
Seattle Jan. 6 Cops Again Ask Justices To Shield Identities
Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act. Â
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June 26, 2025
Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale
Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.
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June 26, 2025
FERC Chair Aims To Stay Beyond His Term's End
As his potential replacement awaits a U.S. Senate confirmation hearing, Federal Energy Regulatory Commission Chairman Mark Christie said Thursday that he plans to oversee the agency's next monthly open meeting in July, but otherwise remained tight-lipped about his impending departure.
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June 26, 2025
Fair Housing Groups Argue HUD Wrongly Withheld Grants
A pair of advocacy groups have sued the U.S. Department of Housing and Urban Development in D.C. federal court over the Trump administration's purported move to withhold grants meant to help private nonprofits enforce housing laws.
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June 26, 2025
Ex-FDA Regulator Joins ArentFox Schiff's Pharma Practice
ArentFox Schiff LLP has hired a career U.S. Food and Drug Administration compliance professional, whose oversight focused on ensuring pharmaceutical industry participants' compliance with drug supply chain rules and other governing regulations, as counsel in the firm's food, drug, medical device and cosmetic practice in Washington.
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June 26, 2025
ICE Agents Could Testify Anonymously In 1st Am. Trial
A Massachusetts federal judge suggested Thursday he is open to allowing U.S. Immigration and Customs Enforcement agents to testify anonymously at an upcoming bench trial in a suit brought by academic groups challenging the detention of noncitizen students and faculty who express pro-Palestinian views.
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June 26, 2025
New FCC Republican Names Key Legal Staff
Commissioner Olivia Trusty, who was sworn in this week as the newest member of the Federal Communications Commission, announced the hiring of several top aides Thursday.
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June 26, 2025
Trans Passport Applicants Say Gov't Flouting Court Order
Members of two recently certified classes of transgender and nonbinary people seeking passports that reflect their gender identity accused the Trump administration of "slow-walking compliance" with a Massachusetts federal judge's order requiring the U.S. Department of State to resume issuing passports with the requested designations.
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June 26, 2025
Trump 2.0's First Group Of Judicial Noms Goes To Full Senate
The first batch of judicial nominations from President Donald Trump's second term were sent to the Senate floor on Thursday, as they were voted out of committee along party lines.
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June 26, 2025
Maine To Hike Sales Tax On Cannabis, Add Streaming To Base
Maine will raise its sales tax rate on adult-use cannabis and lower its excise tax rate on cannabis flower and add streaming services such as Netflix and Hulu to the sales tax base under budget legislation signed by the governor.
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June 26, 2025
Justices Say DHS Orders Final In Withholding-Removal Cases
The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.
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June 26, 2025
Justices Allow Texas Death Row Inmate's DNA Suit
The U.S. Supreme Court on Thursday said a Texas death row inmate can sue state officials in federal court to try to obtain post-conviction DNA testing, a decision that could open the door to broader challenges to how Texas provides access to forensic evidence after conviction.
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June 26, 2025
Justices Say SC Medicaid Patient Can't Sue To Pick Provider
The U.S. Supreme Court on Thursday ruled that a patient can't challenge South Carolina's decision to kick Planned Parenthood from the state Medicaid program because it includes abortions among its services.
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June 25, 2025
Fed Rolls Out Plan To Relax Leverage Rule For Biggest Banks
The Federal Reserve on Wednesday kicked off an effort to ease a key leverage requirement for the biggest U.S. banks, advancing a highly anticipated proposal that officials said could free up bank balance-sheet capacity to bolster the U.S. Treasury market.Â
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June 25, 2025
Trump's DOL Blocked From Slashing Job Corps Program
A New York federal judge Wednesday issued a nationwide preliminary injunction prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, ruling that Congress created the program and funded it, and the "DOL is not free to do as it pleases."
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June 25, 2025
Judge Blocks Colo. Gov. From Forcing Cooperation With ICE
A Colorado state judge on Wednesday blocked Gov. Jared Polis from forcing certain state labor department employees to comply with a U.S. Immigration and Customs Enforcement subpoena, but he stopped short of prohibiting Polis from cooperating with the federal agency.
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June 25, 2025
TCPA Litigants Brace For 'Seismic Shift' After Deference Blow
The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny.Â
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June 25, 2025
Senate Panel Again OKs Bill To Boost Teens' Online Privacy
A longstanding legislative proposal that would ban online targeted advertising to minors and expand digital privacy protections to cover teens between the ages of 13 and 16 began its latest trip through Congress on Wednesday, when the U.S. Senate Commerce Committee easily advanced the measure to the full chamber.Â
Expert Analysis
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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.
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How Cos. Can Prep For Calif. Cybersecurity Audit Regulations
As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.