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Public Policy
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July 24, 2025
DOL Relaunches Employer Self-Audit FLSA Program
The U.S. Department of Labor relaunched an employer self-audit program Thursday that supports employers that seek to resolve potential wage violations and avoid litigation — an initiative from the first Trump administration that was popular among employers.
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July 24, 2025
Jeanine Pirro's Nomination Advances To Full Senate
The Senate Judiciary Committee voted out seven U.S. attorney nominations Thursday, which include Jeanine Pirro, former Fox News host and New York state judge, and four others who had to be revoted on after Democrats walked out of last week's meeting over objections to how the consideration of controversial Third Circuit nominee Emil Bove was being handled.
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July 24, 2025
3rd Circ. Rules Philly Injection Site Equals Religious 'Person'
A nonprofit battling government resistance to its planned safe drug injection site in Philadelphia can qualify for religious freedom protections, the Third Circuit said in a precedential opinion on Thursday, reasoning the organization meets the definition of a "person" practicing religion.
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July 24, 2025
NC Urges 4th Circ. Not To Block Vape Regs During Appeal
North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.
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July 23, 2025
9th Circ. Upholds Birthright Citizenship EO Injunction
The Ninth Circuit on Wednesday affirmed a lower court's preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship in a legal challenge by four states, ruling in a published opinion that Trump's order contradicts the "plain language" of the 14th Amendment's citizenship clause.
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July 23, 2025
Columbia Says It'll Pay $200M To Put To Rest Beef With Trump
Columbia University said Wednesday that it has agreed to pay a $200 million settlement to the federal government to resolve the Trump administration's allegations the institution didn't do enough to protect Jewish students, a move Columbia said means the "vast majority" of federal funding will be restored.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
Diversity Visa Winners Challenge New Travel Ban, Visa Policy
More than 100 nationals of countries hit by President Donald Trump's latest travel ban filed suit Tuesday in D.C. federal court, accusing the Trump administration of unlawfully suspending visa processing under a program aimed at diversifying the immigrant community of the United States.
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July 23, 2025
ÃÛÌÒÊÓÆµ Sued Over Retreat From Biden-Era Small-Biz Loan Rule
The Consumer Financial Protection Bureau was sued Wednesday in Washington, D.C., federal court over claims it is illegally dismantling a data-collection rule meant to expose discrimination in small-business lending, the latest twist in multi-front litigation over the Biden-era measure.
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July 23, 2025
911 Call Centers Face Cybersecurity Risks, Mich. Says
As the Federal Communications Commission moves to transition the country to next-generation 911 services, it should take a closer look at cybersecurity, a Michigan emergency response panel told the agency.
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July 23, 2025
Epstein Grand Jury Files To Remain Sealed In Fla.
A Florida federal judge on Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from an investigation into the late sex offender Jeffrey Epstein, as President Donald Trump faces a growing number of Republicans asking for more transparency about the case.
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July 23, 2025
Red Wolf Survival Relies On Redesignation, Judge Told
A conservation lawyer told a North Carolina federal judge in a dueling motions hearing Wednesday the state's experimental population of red wolves is still imperiled, arguing in federal court that the government needs to take another look at a petition to grant the wolves tighter protections.
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July 23, 2025
Trump Admin Appeals Ruling On NCUA Board Member Firings
The Trump administration has asked a Washington, D.C., federal judge to pause a ruling reinstating two ousted Democratic members of the National Credit Union Administration board, arguing the decision represents an "extraordinary intrusion" into presidential power and is being swiftly appealed.
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July 23, 2025
Enviro Groups Slam FAA For SpaceX Review Shortcuts
The Federal Aviation Administration knew SpaceX's plans to restore migratory birds' coastal habitats in the event of an explosion at its Boca Chica, Texas, launch site were inadequate, but allowed the company to bypass a full environmental impact statement nonetheless, environmental groups said Wednesday in D.C. federal court.
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July 23, 2025
North Carolina AG Defends Power To Pursue PFAS Suit
North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.
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July 23, 2025
Pa. Justices Will Weigh Rollover For Other States' Pensions
The Pennsylvania Supreme Court will weigh whether a teacher's years of service in another state can count toward her Pennsylvania retirement benefits after she had already cashed out her retirement account from her previous state.
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July 23, 2025
Ex-Copyright Chief Suggests Trump Fired Her Over AI Report
An attorney for the fired leader of the U.S. Copyright Office suggested Wednesday that President Donald Trump "sought to sideline her" to stop her from advising Congress on issues related to the use of copyrighted material for training artificial intelligence models, noting her dismissal occurred shortly after she released a pivotal report on the subject.
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July 23, 2025
ICJ Puts Reparations On The Table In Climate Change Case
The International Court of Justice on Wednesday delivered its long-awaited advisory opinion on governments' obligations with respect to climate change, issuing a rare, unanimous decision that opens the door for nations harmed by human-caused greenhouse gas emissions to seek reparations.
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July 23, 2025
8th Circ. Tosses FCC Dems' Local Media Ownership Rule
The Eighth Circuit on Wednesday threw out local media ownership rules passed a year and a half ago by Democrats on a split Federal Communications Commission vote.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
False Ad Ruling Expanded Patent Law, Crocs Tells Justices
Shoemaker Crocs Inc. has asked the U.S. Supreme Court to look at a Federal Circuit decision reviving false advertising claims that its shoes were made with "patented, proprietary, and exclusive" materials that weren't actually patented, arguing that the ruling would allow an "end run" around Congress' limitations on false marking suits.
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July 23, 2025
6th Circ. Questions Officials On Search: 'Pretty Darn Obvious'
Sixth Circuit judges on Wednesday grilled Michigan zoning and building officials seeking immunity from an improper-search lawsuit, repeatedly suggesting it was "obvious" the officials should have known they were crossing property lines to look at dwellings and areas protected by the Fourth Amendment.
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July 23, 2025
FWS Wrongly Approved Bird-Harming Pesticide, Judge Says
A North Carolina judge on Wednesday revoked the federal government's approval of a pesticide that is toxic to birds for use as an algal bloom control measure at a lake in a wildlife refuge, saying regulators bungled the environmental review.
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July 23, 2025
Creek High Court Grants Freedmen Descendants Citizenship
The (Muscogee) Creek Nation Supreme Court on Wednesday upheld a lower court's decision to give citizenship to two descendants of those once enslaved by the tribe, saying a 19th century treaty that required the Five Civilized Tribes to abolish slavery should have applied to their applications seven years ago.
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July 23, 2025
11th Circ. Throws Cold Water On Ga. County's Spaceport Suit
An Eleventh Circuit panel signaled Wednesday that it was not buying a Georgia county's claims that it should be able to claw back $2.6 million it put down on a property where it intended to construct a commercial spaceport after the county's voters repealed authorization for the project in a referendum.
Expert Analysis
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Biotech Collaborations Can Ease Uncertainty Amid FDA Shift
As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.