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Public Policy
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Split 2nd Circ. Denies Rehearing In Fox Threats Case
A split Second Circuit on Monday declined to grant an en banc rehearing to a man convicted of sending threatening messages to two Fox News hosts and two members of Congress, saying the 11-member jury that found him guilty did not violate his constitutional rights.
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July 14, 2025
House Committee Proposes Commerce, Science Cuts
A House Appropriations Committee bill released Monday would provide $76.8 billion in funding to agencies including the U.S. Department of Commerce and its subsidiary agencies, representing a 2.8% decrease from the previous fiscal year's budget.
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July 14, 2025
Media Matters Wants FTC Probe Paused Pending Suit
Media Matters for America asked a D.C. federal court Monday for a preliminary injunction to block what it calls a retaliatory investigation by the Federal Trade Commission, saying the agency has been weaponized against the organization for simply exercising its First Amendment rights.
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July 14, 2025
USPTO Acting Director Spurns 'Traditional Knowledge' Treaty
The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.
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July 14, 2025
OCC Drops 'Disparate Impact' From Fair Lending Oversight
The Office of the Comptroller of the Currency said Monday that it will stop checking to see whether banks' lending practices are causing potentially unintended discrimination, scrubbing so-called disparate-impact liability from its examination policies.
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July 14, 2025
GAO Report Looks At FAA Use Of Fee Waivers In Settlements
The Federal Aviation Administration has required pilots and other certificate holders to waive their rights to seek attorney fees and other costs under the Equal Access to Justice Act in order to settle enforcement actions initiated against them, according to a U.S. Government Accountability Office report released Monday.
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July 14, 2025
House Passes Bills Aimed At Telecom Sector Security, Growth
The U.S. House of Representatives on Monday passed half a dozen bills designed improve U.S. network security and spur the growth of communications industries.
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July 14, 2025
DC Circ. Temporarily Stays Block Of Trump's Asylum Curbs
The D.C. Circuit agreed to pause a district court injunction blocking federal officials from implementing President Donald Trump's Jan. 20 proclamation declaring an invasion at the southern border while it weighs the government's request for an emergency stay during the appeal.
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July 14, 2025
9th Circ. Affirms FERC's Yank Of PG&E Grid Perk
The Ninth Circuit on Friday backed the Federal Energy Regulatory Commission's decision to deny Pacific Gas & Electric Co. a grid incentive meant for public utilities that voluntarily join a regional transmission organization, saying PG&E was not entitled to the perk since a California law now mandates membership in an organization.
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July 14, 2025
FCC To Hear Anuvu's Claim It Got Shorted In Spectrum Move
Anuvu Licensing Holdings will get a hearing before an administrative law judge at the Federal Communications Commission to determine if the agency owes it money for clearing out part of the C-band to repurpose the spectrum.
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July 14, 2025
6th Circ. Nom Is 1st Senate Confirmation Of Trump's 2nd Term
The Senate voted 46-42 on Monday evening to confirm Whitney Hermandorfer, director of the Office of the Tennessee Attorney General's Strategic Litigation Unit, to the Sixth Circuit, making her the first judicial confirmation of the second Trump administration.
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July 14, 2025
Google Ads Rival Wants Search Fix To Include It, AI Cos.
If a D.C. federal judge agrees with the Justice Department and orders Google to syndicate its search and search advertising results, he should do so in a way that permits expansive access, a search advertising rival said Friday in an 11th-hour intervention bid.
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July 14, 2025
DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule
The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.
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July 14, 2025
Deportation Before Due Process? Mass. Justices To Decide
A Haitian man charged with sexual assault in Massachusetts hopes to be deported home instead of facing a trial, an unusual case where the state's highest court is expected to decide whether judges can use bail to keep a person in state custody out of immigration proceedings.
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July 14, 2025
Enviro Groups Sue DOE Over Tenn. Nuclear Site Cleanup Plan
The U.S. Environmental Protection Agency's $30 billion cleanup plan for a nuclear site outside Knoxville, Tennessee, has failed to prevent harmful discharges into the area's groundwater and waterways, threatening community health and the local environment, environmental groups have said.
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July 14, 2025
Tulsa Sheriff, DA Seek Pause In Tribal Jurisdiction Dispute
Tulsa County, Oklahoma, Sheriff Vic Regalado and District Attorney Steve Kunzweiler on Friday asked a federal judge to pause the Muscogee (Creek) Nation's lawsuit seeking to prevent the state from asserting criminal jurisdiction on its reservation until the U.S. Supreme Court reviews a similar case.
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July 14, 2025
Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win
A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.
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July 14, 2025
Trump Threatens Tariffs On Russia Over Ukraine War
President Donald Trump said Monday that Russia must end its war with Ukraine within the next 50 days or else the U.S. will levy "severe tariffs" on Russian goods entering the U.S.
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July 14, 2025
Privilege Issue Snarls Free-Speech Trial Over Deportations
A Massachusetts federal bench trial in a suit by academic groups accusing the Trump administration of targeting for deportation noncitizens who express support for Palestinians was on hold Monday while the First Circuit considers whether certain government materials are privileged, including some that have already been discussed in open court.
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July 14, 2025
5th Circ. Upholds Law Banning Strip Club Workers Under Age 21
The Fifth Circuit on Monday said that a Texas law barring people under 21 from working at strip clubs and other adult businesses passes a First Amendment test, saying Monday the law helps prevent sexual trafficking and furthers a significant government interest.
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July 14, 2025
Feds Argue Trump's Energy Orders Should Not Be Blocked
The federal government is fighting an effort to block President Donald Trump's fossil fuel-boosting executive orders that was filed by youths alleging U.S. energy policies harm their future by exacerbating climate change.
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July 14, 2025
States Back Domestic Violence Groups In DOJ Grant Fight
Nearly two dozen states are backing a group of domestic violence coalitions in their bid to block the Trump administration from imposing restrictions on grants by the Department of Justice's Office on Violence Against Women, saying the funding is critical to their ability to fulfill their public safety obligations.
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July 14, 2025
11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity
A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.
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July 14, 2025
5th Circ. Revives Suit Accusing UT Of Race-Based Admissions
A Fifth Circuit panel partially revived a lawsuit accusing the University of Texas at Austin of continuing to consider race in admissions decisions despite the U.S. Supreme Court's 2023 decision ending affirmative action programs.
Expert Analysis
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In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool
As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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What Money Transmitters Need To Know About New Colo. Law
Colorado's new Money Transmission Modernization Act updates standards for the licensing, supervision and regulation of money transmitters while codifying an agent-to-payee exemption, and represents another step toward standardizing these rules across state governments, say Sarah Auchterlonie and Joel Herberman at Brownstein Hyatt.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Opinion
It's Time To Expand The WARN Act Liability Exception
With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.
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Two Bills Promise A Crypto Revamp, But Not A Done Deal Yet
Recent efforts in Congress toward an updated regulatory framework for digital assets have led to two bills — the GENIUS Act and the CLARITY Act — that represent the most consequential legislative developments yet in the push for coherent, pro-innovation, reliable regulation for the industry, but both face multiple hurdles, says Mike Katz at Manatt.
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Opinion
NJ Should Align With Federal Rule On Expert Testimony
The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.
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Recent Reports Shed Light On Section 340B's Effectiveness
Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.
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Opinion
Congress Should Pass IP Reform, Starting With 3 Patent Bills
Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.
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Perspectives
The Reforms Needed To Fight Sexual Abuse By Prison Staff
Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.