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Public Policy
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July 28, 2025
Express Scripts, Prime Urge Court To Toss Mich. Price-Fix Suit
Two pharmacy benefit managers sought to shake allegations of price-fixing brought by Michigan Attorney General Dana Nessel, arguing Friday that her antitrust suit suffers from several fatal legal flaws, including that the state does not have standing to sue on pharmacies' behalf.
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July 28, 2025
FTC Stands By Media Boycott Subpoena Into Media Matters
The Republican-controlled Federal Trade Commission has refused to quash its investigation into the left-leaning Media Matters for America, standing by a subpoena it said is "one of seventeen still-outstanding" demands made as part of a broader probe looking for potential group boycotts of advertising on disfavored platforms.
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July 28, 2025
Mass. Planning Group Looks To Bar AFSCME Union Petition
A publicly funded regional planning entity in Massachusetts has asked a judge to deem it is not a public employer, seeking to head off further efforts by the American Federation of State, County and Municipal Employees to organize the group's workers.
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July 28, 2025
EU, US Agree To 15% Tariff Rate For Most Sectors
The European Union and the U.S. government have reached a deal for a 15% U.S. tariff rate on EU goods from most industry sectors, including cars, semiconductor chips and pharmaceuticals, avoiding the 30% rate that was due to take effect next month.
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July 28, 2025
DOL Seeks Small Biz Input On Pooled Retirement Plans
The U.S. Department of Labor asked small businesses for feedback Monday on whether there should be more conflict-of-interest guardrails on pooled employer retirement plans, and what barriers prevent employers from trusting the newly structured benefit vehicles.
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July 28, 2025
DOL's Job Corps Closure Was Unlawful, DC Judge Rules
A D.C. federal court granted a group of students' request for a preliminary injunction against the U.S. Department of Labor for its decision to close 99 Job Corps centers, saying the department's move was unlawful and "unprecedented."
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July 28, 2025
Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement
A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.
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July 28, 2025
State Justices' Financial Disclosures 'Didn't Get Worse' In '24
Several states are making information about their Supreme Court justices' finances and potential financial conflicts somewhat more accessible, according to a new report.
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July 28, 2025
Trump Wants Ex-Death Row Inmates In 'Supermax' ADX
Advocates argue that President Donald Trump's effort to send the inmates whom President Joe Biden saved from federal death row to the country's most restrictive federal "supermax" prison is testing the limits of the justice system.
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July 28, 2025
Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals
A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 28, 2025
Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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July 28, 2025
Texas Resolution Seeks Vote On Lower Property Value Limits
Texas would ask voters if the state should amend its constitution to authorize lower limits on the maximum appraised value of residence homesteads and of real property other than homesteads for tax purposes under a joint resolution filed in the state House of Representatives during a special session.
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July 28, 2025
Fair Housing Groups Win Thaw Of HUD Grant Program Freeze
A Washington, D.C., federal judge on Monday ordered the U.S. Department of Housing and Urban Development to unlock a grant program meant to help nonprofits enforce housing laws after two groups in a purported class complained that the Trump administration abruptly froze the funding.
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July 28, 2025
Judge Says Trump Admin Can't Defund Planned Parenthood
A Massachusetts federal judge on Monday blocked President Donald Trump's administration from denying Medicaid reimbursements to Planned Parenthood clinics, expanding an earlier ruling that had applied only to those that do not provide abortions or that receive minimal federal support.
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July 28, 2025
Top 6 Immigration Cases To Track In 2nd Half Of 2025
The U.S. Supreme Court's June decision curtailing nationwide injunctions promises to shape the trajectory of immigration litigation in the latter half of this year as litigants shift strategies and try other tactics to block the Trump administration’s sweeping immigration measures. Here, Law360 looks at six key immigration cases to watch in the latter half of the year.
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July 25, 2025
Trump Admin Loses Sanctuary Fight With Ill., For Now
An Illinois federal judge Friday threw out the Trump administration's first suit challenging local sanctuary policies, ruling that it's within Illinois', Cook County's and Chicago's rights to opt out of helping the federal government with immigration enforcement efforts.
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July 25, 2025
Judge Keeps Nationwide Block On Birthright Citizenship EO
A Massachusetts federal judge Friday refused to narrow a nationwide injunction blocking President Donald Trump's executive order limiting birthright citizenship, saying any narrower alternative would not be enough to protect a group of states from their asserted harms.
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July 25, 2025
Pullman & Comley Didn't Flag 'Falsified' $16M Loan, Suit Says
Pullman & Comley LLC didn't discover that the executive director of a Connecticut municipal housing authority had allegedly forged a connected company's $16.2 million loan application before penning a letter claiming the deal appeared solid, the lender, who was not a client, has alleged in a lawsuit.
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July 25, 2025
Calif. Air Board Faces New Suit Over Carbon Fuel Standard
Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.
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July 25, 2025
Solar Developer Claims NC County's Permit Denial Was Biased
A "needlessly and excessively combative" board of county commissioners in North Carolina unconstitutionally blocked a solar energy developer's project based on personal issues, according to the company's lawsuit.
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July 25, 2025
DC Circ. Pauses Order Reinstating 2 NCUA Members
The D.C. Circuit on Friday intervened and granted the Trump administration's request to pause a Washington federal judge's order reinstating two National Credit Union Administration board members fired by President Donald Trump, after the federal judge declined to pause the order himself.
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July 25, 2025
Kalshi Tells 3rd Circ. Fed Law Bars NJ From Restricting Its Biz
Sports betting company Kalshi's so-called prediction market that allows users to wager on the outcome of real-world events counts as a federal derivative exchange and, as a result, can't be regulated by state enforcers, the gambling company told the Third Circuit.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
9th Circ. Rejects Suit Against Wash. Youth Gender Care Laws
A Ninth Circuit panel has unanimously declined to revive a challenge to a Washington state law allowing shelters to help runaway teens seek gender-affirming treatment without notifying their parents, ruling on Friday that the plaintiff parents and anti-trans advocacy groups haven't shown actual or imminent harm from the statute.
Expert Analysis
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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.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.