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Public Policy
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August 07, 2025
5th Circ. Strikes Guatemalan's Reentry Reporting Mandate
A Fifth Circuit panel vacated a condition of a Guatemalan citizen's supervised release that requires him to report to a probation office every time he enters the United States, citing a conflict between the court's oral and written sentencing.
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August 07, 2025
HHS Wins Another Round In Medicare Drug Negotiation Battle
A Texas federal court dealt another blow to the pharmaceutical industry Thursday when it ruled in favor of Medicare's Drug Price Negotiation Program, turning away arguments that the program is unconstitutional — the third such decision in two days.
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August 07, 2025
Judge Says Wis. Tribal Roads Must Stay Open
Four Wisconsin tribal roads at the crux of a yearslong dispute over trespassing allegations must permanently remain open to the public, a federal court judge has ordered, saying there is no doubt that the town of Lac du Flambeau provided maintenance to them for decades despite an expired 50-year easement.
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August 07, 2025
Trump Taps Economic Adviser Miran For Fed Board Vacancy
President Donald Trump said Thursday that he has chosen Stephen Miran, the chairman of his Council of Economic Advisers, to fill a vacancy on the Federal Reserve's Board of Governors until early 2026 while continuing to search for a permanent replacement.
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August 07, 2025
VA Axes Union Contracts Covering Thousands Of Workers
The Department of Veterans Affairs terminated its collective bargaining agreements with several unions representing thousands of employees, and the agency said its decision follows President Donald Trump's executive order looking to end labor contracts across the federal government.
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August 07, 2025
Texas Senate OKs Lower Voter-Approval Property Tax Rate
Texas would reduce its voter-approval property tax rate, the maximum rate a local government may adopt without voter approval, for large taxing units under a bill passed by the state Senate.
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August 07, 2025
FCC Chucks Nearly 100 'Outdated' Broadcast Rules
In a bid to reduce what it considers to be obsolete regulations, the Federal Communications Commission voted Thursday to drop nearly 100 older rules applying to broadcasters from its books.
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August 07, 2025
FCC Plans To Narrow Enviro Rules For Broadband Projects
The Federal Communications Commission on Thursday proposed to make it easier for broadband providers to clear FCC reviews required by the National Environmental Policy Act.
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August 07, 2025
10th Circ. Upholds Okla. Law Banning Trans Care For Minors
The Tenth Circuit declined to block an Oklahoma law banning gender-affirming care for transgender minors, ruling that a recent U.S. Supreme Court opinion backing a similar law from Tennessee undermines state residents' claims that the statute is discriminatory.
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August 07, 2025
GOP States Push 5th Circ. To Rethink Migrant Arrest Ruling
A coalition of 23 Republican-led states urged the Fifth Circuit to rethink its decision upholding the block of a Texas law allowing state officials to arrest people suspected of crossing the border unlawfully, writing that the decision "diminished every state's sovereignty."
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August 07, 2025
Ex-Worker Sues Firm For Bias After Work On CDC Contract
A former employee sued a management consulting and professional services firm in Georgia federal court Wednesday, alleging he was discriminated against and ultimately fired because of his Islamic faith and PTSD while working on a three-year Centers for Disease Control and Prevention contract.
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August 07, 2025
HPE-Juniper Judge Shuns More Direct Comment On DOJ Deal
Comments, or complaints, about the controversial U.S. Department of Justice deal permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks must go through the DOJ and will no longer be accepted if submitted directly to the court, the reviewing California federal judge said Wednesday.
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August 07, 2025
5th Circ. Sends Refinery Biofuel Exemption Fight To DC Circ.
A Fifth Circuit panel on Thursday sent a string of small refinery cases challenging the U.S. Environmental Protection Agency's denial of renewable fuel blending requirement waivers over to the D.C. Circuit.
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August 07, 2025
Binance Partner To Pay $48.5M For Compliance Failure Claims
Cryptocurrency trust Paxos Trust Co. has agreed to pay a $26.5 million fine and place $22 million into beefing up its compliance program in a settlement with a New York regulator over its anti-money laundering policies and other alleged due diligence failures related to its stablecoin partnership with crypto exchange Binance.
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August 07, 2025
Illinois Co. Fights Texas Insurance Law On Physical Offices
An Illinois-based company has sued the commissioner of the Texas Department of Insurance over a law that requires the company to have a physical presence in the state in order to keep its title insurance producer license, alleging on Thursday the requirement is unconstitutional.
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August 07, 2025
Federal Courts Disclose New Cyberattacks On PACER System
The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security.
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August 07, 2025
Trump 'Debanking' Order Calls For Scrutiny Of Bank Practices
President Donald Trump on Thursday directed federal regulators to investigate and potentially punish banks if they have turned away customers based on their political or religious beliefs, escalating his administration's crackdown on so-called debanking.
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August 07, 2025
DOJ's Boasberg Complaint Violates Judicial Privacy, Sen. Says
Sen. Sheldon Whitehouse, D-R.I., has accused the U.S. Department of Justice of misusing private comments from a meeting of the Judicial Conference of the United States to pursue ethics charges against a federal judge who found probable cause to hold President Donald Trump's administration in contempt of court.
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August 07, 2025
Trump Greenlights Private Equity, Crypto 401(k) Investing
President Donald Trump signed an executive order Thursday that aims to make it easier for retirement plans to invest in a wider range of assets, including cryptocurrency, private equity and real estate.
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August 07, 2025
Democracy Forward Launches Appellate Practice
The Democracy Forward Foundation has formed an appellate practice on the heels of a hiring spree that has doubled the nonprofit's legal staff since November with former BigLaw and government attorneys, as some private firms have pulled back from taking on cases that challenge the current White House.
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August 07, 2025
Fla. Judge Pauses Everglades Detention Facility Construction
A Florida federal judge on Thursday issued a temporary restraining order in the lawsuit against the Everglades immigration detention center dubbed "Alligator Alcatraz," briefly halting the construction of additional tents and other infrastructure for two weeks while allowing facility operations to continue.
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August 07, 2025
Texas Bill Seeks Two-Thirds Vote To Exceed Max Tax Rate
Texas would require two-thirds approval from voters to allow local taxing entities to increase property taxes beyond a maximum rate permitted by law without a vote under a bill introduced in the state House of Representatives.
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August 07, 2025
Mass. High Court Affirms $1M Pension Loss For OT Fraud
The forfeiture of $1 million in pension and health benefits following a Massachusetts state trooper's conviction in an overtime fraud scheme is not so grossly disproportionate to the offense that it violates the state constitution's prohibition on excessive fines, Massachusetts' highest court concluded on Thursday.
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August 07, 2025
California Anti-Deepfake Law Struck Down By Judge
A California federal judge has agreed to block a California anti-deepfake law as constitutionally and legally invalid, siding with conservative media companies and content creators who argued that the law infringes platforms' First Amendment rights to moderate content on their own and pressures them to censor speech.
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August 07, 2025
Insurer Says Conviction Bars Coverage For Police Injury Suit
An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.
Expert Analysis
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.