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Public Policy
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July 31, 2025
Dems Aim To Make FTC's Blocked Click-To-Cancel Rule Law
Following an Eighth Circuit decision earlier this month that struck down the Federal Trade Commission's "click to cancel" rule, three House Democrats are trying to make it the law of the land to let consumers cancel subscriptions with a single click.
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July 31, 2025
Calif. Med Mal Law Can't Apply To Ambulance Crash Suits
The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.
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July 31, 2025
Ex-FDIC Chair 'Livid' Over Toxic Workplace Claims, OIG Says
An investigation by the Federal Deposit Insurance Corp.'s inspector general has found evidence that former Chair Martin Gruenberg and four unnamed ex-senior officials "personally engaged in some degree of inappropriate workplace conduct," in the latest report on the sexual harassment and toxic workplace scandal that erupted into public view nearly two years ago.
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July 31, 2025
NY Gaming Commission Can't Escape Tribal Lottery Row
A federal judge denied a renewed bid by the New York State Gaming Commission to dismiss a challenge by the Cayuga Nation that looks to block the entity from operating lottery games on the tribe's self-proclaimed reservation, saying the commissioners failed to establish a lack of equity jurisdiction.
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July 31, 2025
Capital One Says It Is Disputing FDIC Underpayment Claim
Capital One told investors on Thursday that the Federal Deposit Insurance Corp. is trying to make it pay a greater share of cleanup costs from the 2023 regional banking crisis after taking issue with its call reporting, an effort the bank said it is pushing back on. Â
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July 31, 2025
Fla. Appeals Court Says Miami Election Delay Unconstitutional
A Florida state appeals court ruled Thursday that Miami's decision to push municipal elections back by a year via ordinance is unconstitutional because both the city and county charters require such a change to be done by voter referendum.
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Judge Rejects Hemp Interests' Bid To Halt Md. Pot Policy
A Maryland federal judge has declined to halt enforcement of a state policy that requires hemp retailers to obtain recreational cannabis licenses, saying the hemp interests that sought the injunction lacked standing and were unlikely to succeed on their claims.
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July 31, 2025
GOP Bill Would Give President More Power Over US Atty Picks
The Trump administration has used maneuvers to keep interim U.S. attorneys in place beyond their statutory time limit, which detractors say subverts the Senate's advice and consent role. A bill that two Republican senators introduced on Thursday would shift more power over the process to the president.
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July 31, 2025
Senate Panel OKs Bill To Elevate Tribal Border Agents' Roles
The U.S. Senate Committee on Homeland Security and Governmental Affairs has advanced a bill aimed at strengthening border security and expanding career opportunities for Native American law enforcement agents on tribal lands through the Shadow Wolves program.
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July 31, 2025
11th Circ. Revives American Airlines Cuban Property Suit
The Eleventh Circuit has sent back to lower court a Miami man's suit claiming that American Airlines illegally benefited when using a Havana airport he says the Cuban government stole from his family in 1959.
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July 31, 2025
FCC Urged To Review Delay On New Prison Phone Rate Rules
Inmate-rights advocates are calling on the Federal Communications Commission to reconsider its delay of new prison phone rate rules In June, arguing that no one asked for the blanket two-year pause and that no notice and comment process was undertaken.
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July 31, 2025
NJ Town Knocks Out Worker's $1.6M Disability Bias Win
A New Jersey appellate court scrapped a $1.6 million verdict Thursday for a township employee who said she was discriminated and retaliated against for taking leave to treat her anxiety, ruling the evidence presented at trial didn't justify the damages award.
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July 31, 2025
Fed. Circ. Judges Cast Doubts On Trump Tariff Powers
Several Federal Circuit judges raised concerns about whether President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act override constitutional and congressional authority during oral arguments Thursday in their questions to better understand the extent of the appeals court's review.
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July 31, 2025
Judge Nixes IRS' Renewed Bid To Dismiss Tax Refund Suit
A North Carolina federal judge denied the Internal Revenue Service's renewed attempt to dismiss a tax refund suit for lack of jurisdiction, saying the repeated motions to drop the case would prevent the district court from proceeding to the discovery phase in the litigation.
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July 31, 2025
FCC Reversing Gains On Broadband Study, Groups Say
Public interest groups say the Federal Communications Commission is poised to reverse progress that it made in recent years in gauging the affordability and adoption of broadband service across the country.
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July 31, 2025
Vistra Pays $38M To End FERC Market Manipulation Case
Vistra Corp. has agreed to pay $38 million to end long-running Federal Energy Regulatory Commission litigation alleging that affiliate Dynegy Inc. manipulated electricity capacity auction rules in 2015, which led to consumers being unjustly overcharged.
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July 31, 2025
Full FCC Hearing Sought On T-Mobile, UScellular Tie-Up
Several trade and public interest groups urged the Federal Communications Commission to hold a full agency review of T-Mobile's plan to take over most of UScellular after FCC staff gave the deal a green light almost three weeks ago.
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July 31, 2025
Seattle Sues Trump Administration Over Anti-DEI Grant Terms
The city of Seattle sued the Trump administration in Washington federal court on Thursday, targeting two executive orders that require federal funding recipients to adopt the president's stances on diversity efforts and gender or risk losing money for a range of critical causes.
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July 31, 2025
18 GOP Sens. Urge Trump To Fill IP Negotiator Post
Eighteen Republican U.S. senators urged President Donald Trump to appoint someone to the vacant role of chief innovation and intellectual property negotiator of the U.S. Trade Representative in order to work to remove what they called "market-distorting price controls" in the pharmaceutical industry.
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July 31, 2025
HHS Plans To Test Rebates In 340B Drug Pricing Program
The Trump administration on Thursday announced plans for a pilot project that would allow certain drugmakers to abandon upfront discounts in the 340B program and instead require hospitals to apply for rebates, testing an idea that would fundamentally reshape the long-running program.
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July 31, 2025
Firefighter Says Military Service Cost Her Pay, Opportunities
The Jersey City, New Jersey, fire department shorted a firefighter on pay and pension benefits while she was out on military leave and deprived her of opportunities upon her return to work, according to a lawsuit filed in state court.
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July 31, 2025
Judges Speak Out On Rising Threats Amid Safety Concerns
Federal judges who have been at the center of some of the most high-profile litigation of the second Trump administration spoke publicly Thursday about threats they've faced after their rulings.
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July 31, 2025
Mass. Court Allows Concurrent Resentencing In Murder Case
Massachusetts' highest court has ruled that prosecutors may seek two concurrent life sentences with parole eligibility in a double murder case after outlawing life without parole sentences for defendants who committed crimes between the ages of 18 and 20-years-old.
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July 31, 2025
Mexico Gets 90-Day Tariff Extension As US Deadline Nears
President Donald Trump announced a 90-day extension of existing tariffs on Mexico on Thursday, a day before a pause on worldwide trade measures is set to expire.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.