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Public Policy
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July 03, 2025
Stewart Drops Mixed Bag Of Discretionary Denial Rulings
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
ÃÛÌÒÊÓÆµ Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
Biggest Environmental Law Decisions Of 2025: Midyear Report
The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.
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July 03, 2025
Colo. Sales Tax Applies To Netflix Subscriptions, Court Rules
Netflix's streaming services in Colorado are tangible personal property subject to sales tax, a state appeals court ruled, reversing a district court's finding that the subscriptions were not taxable under state law because they were not tangible physical items.
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July 03, 2025
G7 Deal's Details To Dictate How US Cos. Fare Under Pillar 2
Republicans' international tax changes in their major reconciliation bill that passed Thursday raise questions about the U.S. tax system's ability to coexist with the OECD-designed Pillar Two global minimum tax regime.
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July 03, 2025
FCC Aims To Advance Fast-Track Process For Removing Regs
The Federal Communications Commission plans to vote this month on whether to employ a fast-track procedure to remove regulations that are deemed obsolete without having to go through the typical process of first issuing a public notice and soliciting comment.
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July 03, 2025
Ga. Sheriff's Conviction Wins Civil Rights Claim For Detainee
A Georgia federal judge handed an early win Wednesday to a man who said he was one of several detainees tortured by former Clayton County Sheriff Victor Hill, ruling that the "conditions are all met" to decide the civil rights claims based on Hill's criminal convictions.
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July 03, 2025
Navajo Nation's Bid To Block Lease Ban Put On 90-Day Hold
The Navajo Nation's bid to block a Biden administration order that withdrew U.S. land from new mineral leasing and development near a historic site has been paused after the parties said a recent presidential executive order could moot the dispute, a New Mexico federal judge said.
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July 03, 2025
4 Things To Watch At DOL In 2025's 2nd Half
Management-side attorneys are expecting a shakeup at the U.S. Department of Labor if President Donald Trump's pick to lead the agency's employee benefits arm wins Senate confirmation. Here, Law360 looks at four issues that employee benefits experts say they'll be monitoring at the DOL in the latter half of the year.
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July 03, 2025
Labor Official's Firing Stands After DC Circ. Steps In
A D.C. Circuit panel stayed an order Thursday reinstating a fired member of a panel that decides federal agencies' union disputes in line with a U.S. Supreme Court order freezing out two fired leaders of other labor agencies.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
Justices Extend Due Process Pause To South Sudan Removals
The U.S. Supreme Court clarified Thursday that its recent order allowing the Trump administration to send noncitizens to countries they have no connection to with little notice or chance to object extends to a group of men the government plans to send to South Sudan.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
High Court To Hear Street Preacher's First Amendment Case
The U.S. Supreme Court agreed Thursday to hear a challenge to an ordinance in Brandon, Mississippi, that redirects demonstrations to a designated protest area, teeing up an examination of whether case law prevents someone who has been convicted from bringing a civil rights suit.
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July 03, 2025
Spectrum, Border, Injunction Changes Included In Mega Bill
The House voted 218-214, almost along party lines, on Thursday on the reconciliation budget package, which includes a range of policy provisions on nationwide injunctions, spectrum and immigration and now goes to President Donald Trump's desk ahead of the decided Fourth of July deadline.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
Biggest Decisions Of Mich. Supreme Court So Far This Year
The Michigan Supreme Court so far this year has handed down a number of decisions marking important changes to criminal law, including reshaping how late adolescents are sentenced for serious crimes and declaring that the smell of marijuana alone cannot justify a warrantless vehicle search.
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July 03, 2025
Ex-Treasury Official Joins Covington's Nat'l Security Practice
Covington & Burling LLP has boosted its national security practice with the hire of the former head of the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence under former President Barack Obama's administration as of counsel.
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July 03, 2025
DHS Aims To Implement Biometric Tracking For Noncitizens
The U.S. Department of Homeland Security is planning to revive a policy proposal from the first Trump administration to implement facial recognition technology as part of a comprehensive biometric system to track the entry and exit of noncitizens.
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July 03, 2025
Free-Speech Suit Will Be Early Trial Court Test Of Trump Admin
A Massachusetts federal judge will begin hearing testimony Monday in a challenge by academic organizations to the Trump administration's visa revocations and removals of noncitizen faculty and students who have expressed pro-Palestinian views, in one of the first trials over the president's second-term policies.
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July 03, 2025
High Court Passes On Mont. Abortion, Parental Consent Case
The U.S. Supreme Court declined Thursday to hear a case focused on parental consent and abortion in Montana, as two conservative justices said the decision shouldn't be seen as a rejection by the justices of the parental-rights question itself.
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July 03, 2025
NC Gov. Vetoes Bill Stamping Out Carbon Reduction Target
North Carolina Gov. Josh Stein has rejected a piece of legislation that would have eliminated the state's 2030 goal to cut carbon emissions by 70%, saying it would cost ratepayers in the long run and keep the Tar Heel State too beholden to natural gas.
Expert Analysis
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Breaking Down Part 3 Of The Copyright Office's AI Report
On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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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.