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Public Policy
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
NC's Cap On Med Mal Damages Is Constitutional, Panel Rules
The North Carolina state appeals court ruled Wednesday that a state law capping compensatory damages in certain medical malpractice lawsuits at $500,000 is constitutional, handing a defeat to a woman seeking to recoup her full $7.5 million jury verdict stemming from the loss of her unborn baby.
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August 20, 2025
Ga. Mom Says State Child Support Policy Is Unconstitutional
A Georgia mother has sued three state agencies in federal court, alleging the state's child support policy unconstitutionally keeps "indigent parents buried under child-support debts that they will never be able to repay."
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August 20, 2025
'Door To Tyranny' Ajar In Pot Smell Appeal, NC Justices Told
A man appealing his conviction for unlawful firearm possession told North Carolina's highest court this week that state law enforcement entities were attempting to erode the separation of powers by inserting themselves into his case.
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August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna
The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
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August 20, 2025
Atlanta Ignores Sex Assault Claims Against Cops, Court Told
A Georgia woman and her teenage daughter who was raped by an Atlanta police officer have told a federal judge that the city doesn't get to dodge their suit, arguing they've claimed in "exhaustive factual detail" how it routinely lets sexual misconduct slide among its officers.
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August 20, 2025
DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal
A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.
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August 20, 2025
Texas AG Threatens Suit Over Orgs. Mailing Abortion Pills
Texas Attorney General Ken Paxton has sent cease-and-desist letters to three organizations he's accused of shipping abortion drugs to women in the state in violation of state and federal laws.
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August 20, 2025
Florida Panel Revives Suit Over Gun Store Zoning Restriction
A Florida appellate panel on Wednesday issued a split decision reviving a state court lawsuit brought by a gun retailer alleging state law preempts a city zoning ordinance allegedly meant to restrict firearm sales, ruling there's a fact issue that must be decided by a jury.Â
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August 20, 2025
'Amen': Judge Puts Texas Ten Commandments Law On Hold
A Texas federal court on Wednesday temporarily blocked a state law requiring public schools to post a copy of the Ten Commandments in classrooms, saying the law likely violates the Constitution.
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August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations
Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
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August 20, 2025
Device Co. Pans FTC's Resistance To $945M Heart Valve Deal
Edwards Lifesciences Corp. is defending its planned $945 million purchase of JenaValve Technology Inc., telling the Federal Trade Commission the deal is the best way to bring a new lifesaving treatment for a heart valve disorder to the market.
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August 20, 2025
Crypto Groups Resist Banks' Stablecoin 'Loophole' Claims
Cryptocurrency groups have told U.S. Senate lawmakers that banking industry groups are attempting to relitigate issues put to rest with a recently enacted federal law to regulate stablecoins, arguing that the banking groups' proposals to use separate, pending legislation to close alleged "loopholes" would disadvantage the crypto sector.
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August 20, 2025
Ark. Woman Gets Probation After Looting Native Burial Site
An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.
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August 20, 2025
11th Circ. Revives Cannabis Users' 2nd Amendment Challenge
The Eleventh Circuit said Wednesday that a federal law disarming medical cannabis users likely ran afoul of the Second Amendment because it was inconsistent with the nation's history of gun regulation.
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August 20, 2025
In Illinois, Public Defender Welcomes Sea Change In Structure
Illinois is set to receive the first overhaul of its public defense system in 75 years, and Champaign County Chief Public Defender Elisabeth Pollock is "very much looking forward" to it, she told Law360.
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August 20, 2025
Chemours Says Injunction Appeal Warrants Stay Of CWA Suit
Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.
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August 20, 2025
Commerce Floats 200% Duty On Chinese Plastic Bins, Totes
The U.S. Department of Commerce preliminarily determined that imported polypropylene corrugated boxes from China could be subject to countervailing duties of up to nearly 200%, according to a notice published Wednesday.Â
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August 20, 2025
NY Town To Expedite Mosque Approvals In Land-Use Deal
The town of Oyster Bay, New York, has settled a mosque's claims that the town amended its parking laws in a targeted attempt to thwart redevelopment efforts, agreeing to oversee the quick approval of the mosque's application and to amend the underlying parking ordinance.
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August 20, 2025
DOJ's Suit Over Ill. E-Verify Restrictions Gets Tossed
An Illinois federal judge on Tuesday denied a bid by the U.S. Department of Justice to block provisions of a recently amended Illinois law restricting the use of systems such as E-Verify to check prospective workers' employment eligibility and dismissed the case outright, calling the DOJ's interpretation of the relevant preemption clause "broad to the point of absurdity."
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August 20, 2025
FCC Denies Carrier's Bid To Avoid Rural Fund Clawback
The Federal Communications Commission denied a Midwest broadband provider's request to waive a $24 million penalty for defaulting on its Rural Digital Opportunity Fund commitments, saying the company's due diligence was inadequate when it decided to pursue fund money for buildouts in areas that were already served by others.
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August 20, 2025
​​​​​​​Farmworkers Union Can't Halt Latest Prevailing Wages Survey
A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
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August 20, 2025
Mich. Legislature Mulls Reinstating Premises Liability Defense
Michigan state lawmakers heard testimony on Wednesday on a bill that would bring back a defense to slip-and-fall claims that the Michigan Supreme Court recently scrapped, as business groups said insurance premiums and litigation costs have risen in the wake of the high court ruling.
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August 20, 2025
Insurers Say Gov't Misusing FCA To Get Medicare Cost Cap
Insurers accused of paying brokers to steer customers to their Medicare Advantage plans asked a Massachusetts federal judge to dismiss a False Claims Act lawsuit, saying the government is mischaracterizing legal payments for marketing as kickbacks in an attempt to impose caps it has thus far been unable to obtain.
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August 20, 2025
Trump Says Fed's Cook 'Must Resign' Amid Loan Fraud Claim
President Donald Trump's Federal Housing Finance Agency chief on Wednesday accused Federal Reserve Gov. Lisa Cook of potential mortgage fraud and said he has referred the matter to federal prosecutors, prompting Trump to call for Cook's immediate resignation — a call she has rejected.
Expert Analysis
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill ÃÛÌÒÊÓÆµ's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant ÃÛÌÒÊÓÆµ, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.