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Public Policy
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July 29, 2025
States Sue To Block Feds' Demand For Benefit Recipient Data
Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.
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July 29, 2025
Trump Admin Says UCLA Didn't Protect Jewish Students
The U.S. Department of Justice said Tuesday that it determined that the University of California, Los Angeles, violated civil rights laws by failing to "adequately respond" to harassment and abuse that Jewish and Israeli students faced on its campus following the war in Gaza.
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July 29, 2025
X Corp. Asks Judge To Keep Suit Alleging Ad Boycott Intact
X Corp. is asking a Texas federal judge to keep intact its sprawling antitrust lawsuit against advertisers, saying in multiple briefs that the World Federation of Advertisers and several major brands conspired to withhold billions of dollars in advertising in response to its allegedly lax moderation policies.
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July 29, 2025
sa¹ú¼Ê´«Ã½ Plans 'Accelerated' Push To Revamp Open Banking Rule
The Consumer Financial Protection Bureau on Tuesday persuaded a Kentucky federal judge to stay a banking industry legal challenge to its Biden-era open banking rule, saying it now plans to rewrite the rule on an "accelerated" basis and expects to start next month.
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July 29, 2025
5th Circ. Allows Challenge To Nonprofit Political Pro Bono Ban
The Fifth Circuit said Monday a free speech nonprofit has the right to sue members of the Texas Ethics Commission in an attempt to conduct pro bono work for a political organization, saying the commissioners do not have sovereign immunity in their official roles and must face the suit.
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July 29, 2025
9th Circ. Urged To Rehear Alaskan Willow Project Ruling
Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.
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July 29, 2025
Miss. AG Says Judge's TRO Over State DEI Ban Full Of Errors
Mississippi's attorney general wants a federal judge to explain "indisputable factual inaccuracies" in his decision pausing enforcement of a state law prohibiting diversity, equity and inclusion in public schools, saying Monday that the judge's original order contained nonexistent allegations, wrongly identified plaintiffs and defendants, and quoted terms that don't appear in the legislative text.
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July 29, 2025
Ambulance Co. Can't Undo $2.3M Verdict In Wash. Crash Case
A Washington Court of Appeals panel has affirmed an ambulance operator's $2.3 million trial court loss in a patient's family's wrongful death case over a crash, rejecting the company's argument that its crew was shielded from liability by a state law that protects first responders providing emergency medical services.
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July 29, 2025
Affirmed Energy Says FERC Unlawfully Cut Auction Rights
Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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July 29, 2025
SEC Tosses Broker's NSCC Margin Rule Challenge
The U.S. Securities and Exchange Commission has dismissed a bid by Alpine Securities Corp. to challenge heightened margin requirements from the National Securities Clearing Corp., with the commission finding the rules are too broadly applicable to warrant review as a denial of access.
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July 29, 2025
FCC Nixes Objection To Nonprofit's New Miami FM Station
Three petitioners have been scrabbling before the Federal Communications Commission for the right to operate a new low-power station in a part of Miami that can only tolerate one station, and the agency has finally decided who gets it.
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July 29, 2025
SEC Greenlights 'In-Kind' Redemptions For Crypto ETPs
The U.S. Securities and Exchange Commission voted Tuesday to approve orders to allow cryptocurrency-based exchange-traded products to use in-kind creations and redemptions, aligning with more traditional ETPs.
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July 29, 2025
Trump Says High Court Rulings Undermine Wash. Halt On EOs
Recent decisions by the U.S. Supreme Court undermine a Washington federal judge's finding that portions of two executive orders concerning gender-affirming care and transgender identity likely violate the Constitution, the Trump administration argued in recent filings.
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July 29, 2025
Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now
The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.
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July 29, 2025
Reported Plan For Value-Based Patent Fees Unnerves Experts
A proposal reportedly under consideration by the Trump administration to charge patent owners a new fee based on the value of their patents has spurred numerous questions and concerns among experts, who say the idea appears nearly unworkable and could hinder innovation.
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July 29, 2025
9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits
A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.
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July 29, 2025
Ill. Speaker Should Serve Prison Time As Ordered, Feds Urge
Former Illinois House Speaker Michael Madigan should serve his seven-and-a-half-year corruption sentence as scheduled because he can't cite any particularly substantial appellate issues that would call for such relief, let alone convince the Seventh Circuit to reverse his entire corruption conviction, federal prosecutors argued Monday.
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July 29, 2025
DOD Expands Tricare's Clinical Trial Benefit
The U.S. Department of Defense has issued a final rule that makes health insurance coverage for clinical trials aimed at treating and preventing COVID-19 and other infectious diseases permanent for military personnel, retirees and their families.
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July 29, 2025
Trump Calls 'Blue Slip' Process 'Probably Unconstitutional'
President Donald Trump on Tuesday railed against the long-standing tradition for home state senators to have essentially veto power over U.S. attorney and district court nominee picks and called on U.S. Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, to abandon the process.
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July 29, 2025
Senate Confirms DOJ Official Emil Bove To 3rd Circ.
The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.
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July 29, 2025
OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair
Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.
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July 29, 2025
SpaceX Backs 'Light Licensing Framework' In 37 GHz
As the Federal Communications Commission looks into revamping the lower 37 gigahertz band, SpaceX is pushing the agency to consider a "light licensing framework" like the one it has deployed in several other satellite bands.
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July 29, 2025
Next-Gen TV Can Deliver Localized Emergency Info, FCC Told
A public safety trade group called on the Federal Communications Commission to cement the next-generation TV standard into government rules, emphasizing the public interest benefits of quickly conveying advanced emergency information such as geotargeted alerts.
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July 29, 2025
Fight Over End To Migrant Parole May Be Moot, 1st Circ. Hints
The First Circuit grappled Tuesday with whether the Trump administration could elect to abruptly end a Biden-era immigration parole program, even as it appeared to acknowledge that as a practical matter, the measure could die of attrition before the question is answered.
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July 29, 2025
9th Circ. Rescinds Ruling On Wash. Abortion Coverage Law
A Ninth Circuit panel has walked back a published March opinion rejecting a Christian church's challenge to a Washington state law mandating employer health coverage of abortion services, saying in a Tuesday order that the federal appeals court would issue a new ruling following additional oral arguments.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For sa¹ú¼Ê´«Ã½ After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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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.