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Public Policy
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August 25, 2025
Alaska Looks To Reopen Tribal Gaming Lease Dispute
Alaska is asking a D.C. federal court to reopen a dispute that rejected an Indigenous tribe's bid to secure the right to open a bingo hall, alleging that the tribe is now claiming governmental powers over the land and treating it as Indian Country under the Indian Gaming Regulatory Act.
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August 25, 2025
Epic's 9th Circ. Case Against Apple Draws Amicus Support
Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.
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August 25, 2025
Battle Over NJ US Atty Appointment Lands In 3rd Circ.
The U.S. Department of Justice said Monday it will appeal a Pennsylvania federal judge's ruling that interim U.S. Attorney Alina Habba is not lawfully serving as New Jersey's top federal prosecutor.
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August 25, 2025
Wyden Urges Independent Review Of Courts' Cybersecurity
U.S. Sen. Ron Wyden, D-Ore., a cybersecurity hawk, urged Chief Justice John Roberts on Monday to commission an independent study of the federal judiciary's cybersecurity practices in light of two significant hacks in the last five years.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 25, 2025
Advocate Orgs. Ask DC Circ. To Stop IRS Sharing Info With ICE
Immigrant advocacy groups urged the D.C. Circuit to stop the IRS from sharing taxpayer addresses with immigration authorities, saying the court should consider the substance of their challenge to an unprecedented information sharing deal rather than toss their case on procedural grounds put forward by the government.
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August 25, 2025
Ex-TSA Attorney Among 3 New Lawyers At Kaplan Kirsch
A former Transportation Security Administration attorney is among three lawyers who recently joined Kaplan Kirsch LLP, a Denver-based law firm that specializes in representing state, local and tribal government agencies on projects such as airport expansions and new rail lines.
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August 25, 2025
Connecticut Court Backs Ouster Of Tax Atty Over Rogue Email
Connecticut's former tax legal director was properly terminated after she used her work computer to send unauthorized draft legislation from her personal email account to a lobbyist who assumed that it was the state tax department's official position, a Connecticut appeals panel has ruled.
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August 25, 2025
Alabama Pot Co. Fights Dismissal Bid In Retaliation Suit
A would-be medical cannabis business is urging an Alabama federal court to deny state regulators' bid to dismiss its suit alleging they wrongly denied the company a license in retaliation for lawsuits over the licensing process, saying the company adequately pleaded its retaliation claims.
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August 25, 2025
NJ Court Upholds Most Claims In Judicial Privacy Suits
Lawsuits filed by a data privacy group representing judges, prosecutors and law enforcement officials may continue against companies and groups that published their home addresses and unlisted phone numbers after a New Jersey federal judge on Monday denied the defendants' motions to dismiss.
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August 25, 2025
Unions Ask Judge To Block DOD, EPA From Ending Contracts
A D.C. federal judge should stop the U.S. Department of Defense, the U.S. Environmental Protection Agency and four other agencies from canceling their union contracts, a group of unions said, asking him to block the agencies from complying with an executive order that let them terminate these contracts.
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August 25, 2025
Texas Bill Would OK Low-Population Voter-Approval Tax Rates
The Texas voter-approval property tax rate, the maximum rate a local government can adopt without voter approval, would be reduced for smaller taxing authorities under a bill passed in the state Senate and a House committee.Â
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August 25, 2025
Judge Pauses CWA Suit Over Chemours' Ohio River Pollution
A West Virginia federal judge put a Clean Water Act citizen suit nearing trial on hold as Chemours appeals a preliminary injunction ruling holding that an environmental group can challenge its allegedly excessive discharges of a "forever chemical" into the Ohio River.
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August 25, 2025
Glock Can't Escape Minnesota's Gun Modification Suit
A Minnesota state judge won't let Glock Inc. or its Austrian parent company out of a suit by the state alleging it knowingly designs and sells handguns that can be easily converted into machine guns.
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August 25, 2025
Trump Says He'll Sue Over Blue Slips
President Donald Trump said on Monday he would file a lawsuit to counter the blue-slip policy, the de facto veto for home state senators on district court and U.S. attorney nominees.
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August 25, 2025
Former SG Prelogar Rejoins Cooley In DC As Practice Leader
Former U.S. Solicitor General Elizabeth Prelogar has returned to Cooley LLP to lead its U.S. Supreme Court and appellate practice as the firm continues to expand its litigation group, telling Law360 Pulse on Monday it is a firm that shares her values.
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August 24, 2025
Lawsuit Says Fla. Can't Detain Migrants Under 287(g) Rule
Immigration advocates filed another lawsuit late Friday challenging the immigrant detention center in the Everglades, arguing the state of Florida does not have the authority under Section 287(g) of the Immigration and Nationality Act to detain immigrants.
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August 22, 2025
Nadine Menendez Presses Court For 1-Year Prison Sentence
The wife of former U.S. Sen. Robert Menendez on Friday urged a New York federal judge to sentence her to just one year and one day behind bars, a request backed up by her husband, who said he regretted what his own lawyers said about her during his trial.
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August 22, 2025
Texas, Fla. Want In On Abortion Medication Challenge
Texas and Florida have asked a Lone Star State federal court to allow them to intervene in litigation challenging federal approvals for the abortion medication mifepristone, arguing that their interests may "no longer be adequately represented" by Missouri, Kansas and Idaho, which are currently leading the suit.
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August 22, 2025
Intel Says US Will Take 10% Stake In Business
Intel Corp. announced Friday that it has reached an agreement with the Trump administration for the U.S. government to acquire a 10% stake in its business in exchange for $8.9 billion in previously awarded grants, a move the company says will help it expand the American semiconductor industry.
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August 22, 2025
DOJ Investigation Of NY AG Condemned By AGs Of 21 States
A coalition of 21 attorneys general Friday issued an open letter saying the U.S. Department of Justice is investigating New York Attorney General Letitia James and condemning the probe as political payback for the financial fraud claims she pursued against President Donald Trump and his New York-based businesses.
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August 22, 2025
USPTO Allows Discretionary Denials For 3-Year-Old Patents
A top Patent Trial and Appeal Board judge Friday rejected challenges to GenghisComm Holdings LLC patents issued as recently as 2022, as part of the three discretionary review decisions issued over the last week.Â
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August 22, 2025
Ohio Panel Says Med Mal Damages Cap Is Unconstitutional
An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.
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August 22, 2025
Habba Ruling Could Put Tighter Limits On 'Acting' Officials
A Pennsylvania federal judge's ruling disqualifying Alina Habba from acting as the U.S. attorney for New Jersey has the potential to end a long-standing means of filling government posts without going through the U.S. Senate.
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August 22, 2025
Altria Unit Says FDA Stonewalled On Flavored E-Cig Approvals
A subsidiary of tobacco giant Altria has filed a new lawsuit in Louisiana federal court against U.S. health regulators it alleges unlawfully delayed processing the company's applications to market flavored e-cigarettes for almost three years.
Expert Analysis
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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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.