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Public Policy
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July 30, 2025
US Atty Swap Was 'Calculated' To Evade Senate, NJ Court Told
The reappointment of Alina Habba from interim to acting U.S. attorney for New Jersey was an unconstitutional maneuver "calculated to bypass Senate confirmation," a defendant seeking dismissal of his drug trafficking indictment told a federal judge Wednesday, while prosecutors opposed the motion as a "dispute over titles, not authority."
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July 30, 2025
Sens. Step Up Push For Data Privacy Law Amid AI's Rise
The leaders of a Senate data privacy subcommittee Wednesday put the spotlight back on longstanding efforts to craft a nationwide framework for how companies use and disclose consumers' personal information, arguing that a growing state law patchwork and the rise of artificial intelligence accelerated the need for such protections.
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July 30, 2025
White House Crypto Report Sets Blueprint For Coming Rules
A long-awaited report from the President's Working Group on Digital Asset Markets that was released Wednesday encouraged securities and derivatives regulators to use their existing authorities to clear the way for crypto issuance and trading in the absence of lasting legislation, while also urging banking regulators to sharpen standards for crypto engagement.
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July 30, 2025
Connecticut Says 2 Men Sold $2.5M In Fake Cannabis Licenses
Two Connecticut businessmen ran a counterfeit cannabis licensing operation, selling fake credentials to as many as 70 retailers in the state for as much as $30,000 a certificate, according to a lawsuit filed by state officials who seek a $2.5 million judgment against the accused.
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July 30, 2025
Refugee Class Certified In Suit Over Trump's Admissions Ban
A Washington federal judge said Wednesday that a challenge to the Trump administration's halt on refugee admissions may move forward as a class action on behalf of individuals seeking entry into the country and others impacted by the suspension, while also spurning the federal government's dismissal bid.
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July 30, 2025
GHG Regs Rollback Would Test Clean Air Act Interpretation
The U.S. Environmental Protection Agency's proposal to eliminate a pillar of climate change regulation could test the agency's — and courts' — interpretations of Clean Air Act language that has remained largely unquestioned since the Obama administration.
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July 30, 2025
NTSB Hearing Probes Helicopter Risks In DCA Collision
The U.S. Army helicopter involved in January's deadly midair collision over the Potomac River was flying almost 100 feet higher than it should've been near one of the capital area's busiest airports according to testimony as the National Transportation Safety Board on Wednesday examined equipment and operational lapses tied to the accident.
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July 30, 2025
Microsoft Browser Rival Asks Brazil To Investigate Tech Titan
Microsoft has been flexing its power as owner of the world's most dominant computer operating system to make people use its own web browser over those belonging to competitors, one such rival told Brazilian competition authorities.
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July 30, 2025
Calif. Sens. Slam Trump's US Atty 'Hijacking' To Keep LA Ally
California Sens. Alex Padilla and Adam Schiff issued a statement Wednesday condemning the Trump administration's decision to "circumvent the law" and appoint Bill Essayli as acting U.S. attorney in Los Angeles, in a move echoing the recent appointment of Alina Habba as acting U.S. attorney in New Jersey.
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July 30, 2025
Mich. Appeals Panel Settles Split On Notice Rule Retroactivity
A special Michigan Court of Appeals panel said on Tuesday that a state high court ruling enforcing a notice requirement for lawsuits against the state is retroactive, resolving a conflict within the intermediate appellate court and upholding the dismissal of a correction worker's suit.
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July 30, 2025
Senate OKs Kirkland & Ellis Partner For Commerce Trade Role
The U.S. Senate confirmed William Kimmitt on Tuesday to lead the U.S. International Trade Administration at the U.S. Department of Commerce.
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July 30, 2025
8th Circ. Tosses Ruling Striking Binding NEPA Regulations
The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.
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July 30, 2025
Imam Says Revoked Asylum Left Him In A 'Constitutional Void'
An Egyptian children's hospital chaplain who is fighting the revocation of his asylum status urged an Ohio federal judge to order his release from immigration detention, arguing that the government is unlawfully detaining him based on allegations he supported a group linked to the Muslim Brotherhood.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
EPA Extends Compliance Deadlines For Methane Control Rule
The U.S. Environmental Protection Agency is extending certain compliance deadlines for a Biden-era rule that imposed sweeping new methane control requirements for oil and gas infrastructure.
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July 30, 2025
Calif. Tribe Says 70-Acre Casino Land Fight Must Continue
The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.
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July 30, 2025
US Adds 40% Tariff On Brazil, Sanctions Top Court Justice
President Donald Trump imposed a 40% tariff on Brazil on Wednesday, alleging in an executive order that the country's Supreme Court is "politically persecuting" former President Jair Bolsonaro, while the U.S. Treasury Department sanctioned one of the court's justices.
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July 30, 2025
GTCR Denied Rival's Old Sales Prospects Data In FTC Case
An Illinois federal judge refused Tuesday to force a rival medical device coatings company to cough up old sales projections data so private equity firm GTCR BC Holdings can defend against a Federal Trade Commission challenge to its $627 million purchase of Surmodics.
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July 30, 2025
Senate Panel Advances 2 Bipartisan Bills Boosting ESOPs
A key Senate panel advanced two bills Wednesday that would change federal benefits law related to employee stock ownership plans, or ESOPs, by providing businesses additional legal cover when they make company stock valuations and by adding ESOP representatives to a federal advisory board.
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July 30, 2025
Gov't Contracting Policies To Watch In The 2nd Half Of 2025
A planned overhaul of the Federal Acquisition Regulation and the implementation of a fee-shifting provision for unsuccessful U.S. Government Accountability Office bid protests headline a slate of policy initiatives for government contractors to watch for during the second half of this year.
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July 30, 2025
Texas Senate Again Approves Ban On Hemp-Derived THC
Texas state senators on Wednesday once again gave approval to a legislative proposal to ban products with THC derived from hemp.Â
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July 30, 2025
Cable Industry Seeks Bar On Rate Regulation Under BEAD
Independent cable providers are urging the U.S. Department of Commerce to guard against policies that could be construed as rate regulation as it continues a revamp of more than $42 billion in broadband funding to states and territories.
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July 30, 2025
Noem Hit With Religious Discrimination Suit Over Ayahuasca
A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.
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July 30, 2025
Fla. AG Allowed To Drop Sandoz Generics Price-Fixing Claims
After several months of wrangling over the terms of a $10 million generic drug price-fixing settlement, a Connecticut federal judge on Wednesday granted Florida's request to permanently drop its claims against Sandoz, finding that it would be an abuse of discretion to hold up the resolution any longer.
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July 30, 2025
Buddhist Group's Suit Against Everglades Project Advances
A Florida Buddhist center's suit against an Army Corps of Engineers project in the Everglades will continue after a district court judge determined the center plausibly argued that the potential impacts of the project's construction didn't become clear until at least 2022.
Expert Analysis
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As ÃÛÌÒÊÓÆµ Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.