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Public Policy
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July 23, 2025
Wash. Counties Can Sue State Over Public Defense Funding
A Washington state appeals court has ruled that a coalition of counties has standing to sue the state to force it to provide adequate funding for indigent defense services, saying the coalition had shown that it had been harmed by the current funding system.
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July 23, 2025
Ore. Tax Court Upholds Farm Value Over Owner's Claim
An Oregon farm owner failed to show that his property was overvalued by a local assessor, the state tax court said, rejecting the owner's argument that the assessor misclassified the soil on the land.
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July 23, 2025
Judge Bars Man's Deportation Amid Claims ICE Flouted Deal
The owner of a small Massachusetts construction business who is being held in U.S. Immigration and Customs Enforcement custody may not be moved out of the state while a federal judge considers if the government is violating a January settlement by trying to deport him, according to a Wednesday court order.
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July 23, 2025
Split Conn. High Court OKs Eyewitness ID In Armed Robbery
Connecticut's Supreme Court has narrowly ruled that in the case of a masked armed robbery at a Smashburger, though a victim may have been scared, high, not wearing glasses and directed toward a suspect, her identification of the perpetrator was reliable.
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July 23, 2025
PTAB Ends Remote Hearings Beginning Sept. 1
The U.S. Patent and Trademark Office is mandating that all Patent Trial and Appeal Board proceedings take place in person, starting Sept. 1.
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July 23, 2025
NLRB Precedent Shifts Still Far Away Despite Nominees
The freeze that has gripped the National Labor Relations Board during the first six months of the year showed signs of thawing last week as nominees took key steps forward, but experts said there are still major hurdles they must clear before the board can return to normal function.
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July 23, 2025
Democratic Lawmaker Reintroduces Cannabis Shipping Bill
A Democratic member of Congress has reintroduced a federal bill that would allow small cannabis farms to mail their products directly to customers in other states with legalized cannabis if and when federal marijuana prohibition ends.
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July 23, 2025
Sen. Collins Opposes Bove For 3rd Circ. Over Bias Concerns
Sen. Susan Collins, R-Maine, will oppose the confirmation of Emil Bove to the Third Circuit, and Sen. Lisa Murkowski, R-Alaska, has also indicated her likely opposition.
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July 23, 2025
Ex-Real Estate Finance Pro Tapped For OCC Chief Of Staff
President Donald Trump's top national bank regulator has hired a new chief of staff, bringing on a former federal housing finance official from the private sector to help steer policy coordination and internal operations at the Office of the Comptroller of the Currency, the agency said Wednesday.
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July 23, 2025
NJ Comptroller Flags $34M Hole, Targets Lifeguard Pensions
The New Jersey Office of the State Comptroller recommended Wednesday that the state legislature scrap a law mandating a handful of shore towns provide pensions to lifeguards after it found some municipalities underfunded the plans and face deficits of more than $34 million.
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July 23, 2025
High Court Lets Trump Fire CPSC Members, For Now
The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.
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July 23, 2025
Takeaways From The US Attorney Role Tumult In New Jersey
The U.S. Attorney's Office in New Jersey was thrown into turmoil Tuesday with a leadership dispute that remained open Wednesday, teeing up a battle between the White House and the Garden State's senators on Capitol Hill.
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July 23, 2025
2nd Circ. Orders Review Of Sealed Epstein Case Docs
The Second Circuit on Wednesday vacated rulings denying requests to unseal materials in a defamation case tied to deceased financier and accused sex trafficker Jeffrey Epstein, ordering a New York district court to review certain filings after determining they're considered judicial documents and presumed to be public.
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July 23, 2025
AGs Ask NCAA To Revoke Transgender Athletes' Awards
Attorneys general from 27 states and Guam sent a letter to the NCAA urging it to rescind recent records and titles that were "wrongly" awarded to transgender female college athletes and instead give them to their cisgender competitors.
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July 23, 2025
Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction
Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.
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July 23, 2025
Feds Fight Bid To Block Domestic Violence Grant Restrictions
The U.S. Department of Justice is fighting a bid by a group of domestic violence coalitions to block restrictions imposed on grants from its Office on Violence Against Women, arguing that a Rhode Island federal court lacks jurisdiction over the group's claims and that the Tucker Act instead gives jurisdiction to the U.S. Court of Federal Claims.
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July 23, 2025
NJ Justices Back AG Takeover Of Paterson Police Dept.
New Jersey Attorney General Matthew J. Platkin acted within his authority when he took control of the troubled police department of the state's third-largest city in 2023, the state Supreme Court unanimously ruled Wednesday.
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July 23, 2025
Trump Publishes AI 'Action Plan' With 90 Policy Proposals
In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.
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July 23, 2025
Paramount, Skydance Defend Merger Plan At FCC
Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.
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July 23, 2025
8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction
The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.
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July 23, 2025
Spurning Outsiders, Trump Expands Role In Picking Judges
President Donald Trump is tightly controlling judicial nominations in his second term, eschewing guidance from mainstream groups and instead relying on close advisers and vetting candidates himself.
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July 23, 2025
Senate Confirms Roth To Lead Federal Spectrum Agency
The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.
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July 23, 2025
Trump Admin To Probe Harvard's Student Visa Program
The State Department said Wednesday it is opening an investigation into Harvard University's eligibility to host international students and professors on visas, the Trump administration's latest salvo in its legal battle with the elite school.
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July 22, 2025
9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit
Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.
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July 22, 2025
Trump's NCUA Board Member Firings Were Illegal, Judge Says
A D.C. federal judge on Tuesday held that President Donald Trump broke the law when he fired two Democratic credit union regulators, finding that the members must remain on the National Credit Union Administration's board and can only be removed before their terms are up for cause.
Expert Analysis
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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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.