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Public Policy
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July 17, 2025
Texas AG Sues Nat'l Org. Over Trans Swimmer Participation
Texas Attorney General Ken Paxton has filed a state lawsuit against U.S. Masters Swimming Inc. and its state chapters, accusing the entity of violating Texas law by allowing transgender women to compete with cisgender women in swim meets.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Wis. Senators Send List Of Bipartisan 7th Circ. Picks To Trump
The senators from Wisconsin, one Republican and one Democrat, have sent President Donald Trump a list of five candidates for the seat of the Seventh Circuit that is slated to open in October.
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July 17, 2025
Omaha Tribe Leads Nebraska In Cannabis Legalization Push
The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.
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July 17, 2025
JPMorgan Chase Can't Force Arbitration In Client Racism Suit
A Washington federal judge has rejected a bid by JPMorgan Chase Bank NA to send a customer's racial discrimination suit to arbitration, concluding the bank did not show the arbitration clause in its deposit account agreement is valid and enforceable against the plaintiff family.
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July 17, 2025
Senate Moves Closer To Confirming Trump's NTIA Chief Nom
The U.S. Senate stepped closer Thursday to confirming President Donald Trump's choice to lead the government agency that manages federal use of spectrum.
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July 17, 2025
US Negotiating Global Min. Tax Carveout Accord, Official Says
The U.S. hasn't yet secured an agreement with other countries to exempt its companies from the international parts of the 15% global minimum tax despite reaching an "understanding" with the Group of 7 nations, but wider negotiations have begun, a U.S. Treasury Department official said Thursday.
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July 17, 2025
Bombing Victims Seek Damages For Iran's Support Of Attacks
Dozens of people allegedly harmed by bombings in Kabul, Afghanistan, have asked a D.C. federal judge to order the Islamic Republic of Iran to pay hundreds of millions of dollars for providing material support for the terrorist attacks.
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July 17, 2025
FCC Approves Alaska Telecom's Performance Revisions
With improved backhaul access in hand, GCI Communication Group is committing to deliver 10/1 megabits per second 4G LTE service to an additional 7,500 Alaskans, according to an Alaska Plan individual performance revision approved by the Federal Communications Commission.
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July 17, 2025
Fla. AG, Sandoz Clash With Other Enforcers Over 'Done' Deal
Sandoz and Florida's attorney general pressed a Connecticut federal judge Wednesday to let them settle out of sweeping price-fixing litigation against generic-drug makers, contending that federal civil procedure rules give no room for objections from other state enforcers worried the Sunshine State deal interferes with their own ability to negotiate settlements. Â
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July 17, 2025
Atty Access At 'Alligator Alcatraz' Being Barred, Suit Says
Attorneys are being barred from consulting clients being detained at the new detention facility in the Everglades known as "Alligator Alcatraz," while detainees are being prevented from contesting their detention, a new federal lawsuit alleges.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
EU Sends Hungary To Court Of Justice Over ECT Stance
The European Commission said it will refer Hungary to the European Union's Court of Justice to address a potential violation of EU law, claiming it has contradicted the union's position on intra-EU arbitrations under the Energy Charter Treaty and refused to abide by the court's case law.
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July 17, 2025
Tax Auditor's Disability Bias Suit Dismissed For Late Filing
A federal judge tossed a tax auditor's suit claiming a North Carolina county yanked her intermittent leave disability accommodation for health flare-ups that made it hard to drive to work, rejecting her bid to toll the statute of limitations due to a lawyer's bad advice.
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July 17, 2025
PE Firm Is Denied FDA Docs For Defense In Deal Challenge
An Illinois federal court on Wednesday denied a request from private equity firm GTCR BC Holdings LLC to force the U.S. Food and Drug Administration to produce more than a decade's worth of medical device approval applications as the firm fights a merger challenge from enforcers.
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July 17, 2025
Ga. AG Asks 11th Circ. To Review Social Media Age Limit Case
The state of Georgia has appealed a preliminary injunction that halted enforcement of Georgia's new restrictions on minors' use of social media on constitutionality grounds to the Eleventh Circuit.
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July 17, 2025
NJ Sewer Agency Sued Over $232M Skanska Gas Plant Project
A community group and the city of Newark filed separate lawsuits in New Jersey state court to stop a regional sewerage authority from building a $232 million gas-fired backup power plant in the city, citing the state's Environmental Justice Law.
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July 17, 2025
Wisconsin Bar Settles Atty's Legal Challenge Over DEI Efforts
The State Bar of Wisconsin has settled a lawsuit from a lawyer challenging its diversity, equity and inclusion efforts, with the agency agreeing to apply a tweaked definition of diversity to two leadership programs.
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July 17, 2025
CFTC Restructures Enforcement Division Amid Layoffs
The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.
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July 17, 2025
Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers
A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that "criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.
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July 17, 2025
Neb. Asks Justices To Resolve River Dispute With Colo.
Nebraska is asking the U.S. Supreme Court to resolve its claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.
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July 17, 2025
Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption
An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.
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July 17, 2025
Trump Picks Two For NLRB, Setting Up Return Of Quorum
President Donald Trump announced his choices Thursday of an in-house counsel at Boeing and a longtime National Labor Relations Board official to fill two long-standing vacancies on the board, setting up confirmations that would restore a quorum on the NLRB.
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July 17, 2025
Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work
President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.
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July 16, 2025
11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction
The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.
Expert Analysis
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Challenges For Fiduciaries Adding Crypto To 401(k) Plans
As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.
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Birthright Ruling Could Alter Consumer Financial Litigation
The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Pace Of Early Terminations Suggests Greater M&A Scrutiny
The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.
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DOJ Export Declination Highlights Self-Reporting Benefits
The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What Employers Should Know About New Wash. WARN Act
Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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What To Know About New Wash. Community Association Law
A series of recent legislative updates that greatly expand application of the Washington Uniform Common Interest Ownership Act pose significant challenges to the volunteer board members who administer and operate condos and homeowners associations, but there are ways to lessen the newly imposed administrative burden, says Tim Feth at VF Law.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.