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Public Policy
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July 15, 2025
EPA Defends Ending Enviro Justice Grants
The U.S. Environmental Protection Agency has asked a federal judge to dismiss a proposed class action filed by environmental groups, a Native American village and other local governments, alleging the EPA unlawfully stopped $3 billion in climate grant funding.
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July 15, 2025
Feds Urge Calif. Judge To End Suit Over Border Patrol Sweep
The U.S. government moved Tuesday to end a proposed class action alleging Border Patrol agents conducted race-based stops and warrantless arrests of people who appear to be farmworkers, arguing the government has required agents to evaluate flight risks and reasonable suspicion for stops, which renders the suit's claims moot.
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July 15, 2025
FTC Still Bans Ex-Pioneer CEO From Exxon Board, For Now
If the current Federal Trade Commission upends Biden-era Democrats' ban on the former CEO of Pioneer from serving on Exxon's board, it will be on the now-Republican-led commission's own volition rather than through a petition by the executive.
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July 15, 2025
9th Circ. Rejects Sentencing Enhancement In Gun Case
A Washington state federal court should not have applied a sentencing enhancement in the case of a man who handed a gun to someone who later used it to shoot an undercover federal agent, the Ninth Circuit said Monday, finding there wasn't proof his five-second hold on the weapon emboldened the shooter.
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July 15, 2025
FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling
The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.
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July 15, 2025
Harrah's Accused Of Firing Supervisor Over Health Issues
A housekeeping supervisor said Harrah's Resort Atlantic City used flimsy reasoning to fire her after she sought time off for multiple health problems in a complaint filed in New Jersey federal court.
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July 15, 2025
Trump Says US Has Struck Trade Deal With Indonesia
President Donald Trump announced Tuesday that the U.S. has reached a trade deal with Indonesia that includes a 19% tariff on all goods exported by the Southeast Asian country to the U.S., while American goods exported there will be free of tariffs.Â
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
11th Circ. Rules Inmate's Suit Against Nurse Was 'Malicious'
The Eleventh Circuit upheld the dismissal of a lawsuit from a man incarcerated in Florida accusing a nurse practitioner of an Eighth Amendment violation, saying the lower court was right in tossing the complaint after deeming it "malicious" because he failed to disclose two prior legal actions.Â
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July 15, 2025
Afghan's Challenge To Biden Asylum Rule Is Moot, DOJ Says
The Trump administration has moved to toss an Afghan's challenge to Biden-era asylum regulations, telling a D.C. federal judge he no longer has standing after a second negative credible fear interview found him ineligible for asylum.
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July 15, 2025
Take New Spectrum Auction Powers Out For Spin, Feds Told
Telecom regulators need to act quickly to open a critical portion of midband airwaves to wireless companies while ensuring safeguards to block any interference with aircraft safety equipment using a nearby band, a mobile services group said this week.
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July 15, 2025
Grassley Rejects Dems' Push For 2nd Hearing On Emil Bove
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday rebuffed the request from Democrats on his committee for the whistleblower who made claims regarding Third Circuit nominee Emil Bove to testify and said the committee will proceed with the vote on Bove's nomination Thursday.
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July 15, 2025
5th Circ. Says Media Matters Can Challenge X Suit Venue
The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.
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July 15, 2025
High Court Term Yields Gains For Criminal Defendants
The U.S. Supreme Court addressed several contentious issues this term, with the conservative majority prevailing in numerous high-profile cases. Yet, in a notable trend, the court also issued multiple rulings favorable to criminal defendants, including expanding prisoners' rights in civil lawsuits and reinforcing due process protections in capital cases.
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
Michigan Cases To Watch In The 2nd Half Of 2025
Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.
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July 15, 2025
Bankruptcy Experts Call For Reset On Sub V, Student Debt
A group of judges and bankruptcy experts told a congressional panel Tuesday that a reset is needed for the eligibility cap for Subchapter V bankruptcies and the standards for discharging student loan debt.
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July 15, 2025
Judge Lays Out New Framework For Refugee Admissions
A Washington federal judge established a framework for determining which refugees should be admitted to the country, despite President Donald Trump's executive order dismantling the U.S. Refugee Admissions Program.
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July 15, 2025
Ex-Prosecutor With IP Roots Tapped To Lead NJ Watchdog
The New Jersey State Commission of Investigation has appointed Bruce P. Keller, a former Debevoise & Plimpton LLP intellectual property partner who went on to fight the appeal of two "Bridgegate" figures as a federal prosecutor, as its new executive director following months of leadership controversy.
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July 15, 2025
Advocates Turn To Florida High Court For Bondi Ethics Probe
A group of attorneys, law professors and former judges asked the Florida Supreme Court on Tuesday to order the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct.
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July 15, 2025
Agents Say Arrest Orders Came From Top In Free Speech Trial
Four current or former Homeland Security Investigations supervising agents told a Massachusetts federal judge on Tuesday that orders to locate and arrest student activists whose legal status in the United States had been revoked came from higher-ups, including via memos directly from the State Department — an unusual procedure for an agency that typically deals with criminal activity.
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July 15, 2025
Denver Defends Affordable Housing Fees, Citing Alternatives
The city of Denver has urged a Colorado federal court to toss a homebuilder's suit challenging the constitutionality of an affordable housing fee for new development, arguing the developer's claims overlook a clause that allows it to construct affordable housing as an alternative.
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July 15, 2025
Funding 'Crisis' Jeopardizes Indigent Defense, Judiciary Says
The judiciary rang the alarm on Tuesday that funding has been exhausted for the private attorneys who represent indigent federal criminal defendants, and this predicament is expected to last for three months.
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July 15, 2025
Calif. Legislature OKs Retroactive Solar Property Exclusion
California would allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill passed by the state Senate and sent to Democratic Gov. Gavin Newsom for approval.
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July 15, 2025
Law Curbing Arbitration Keeps AutoNation Bias Suit In Court
AutoNation Inc. can't arbitrate a former sales associate's lawsuit claiming supervisors treated her differently because she's an older Black woman and made sexual comments in the workplace, a California state appeals court ruled, saying her case is shielded by a federal law prohibiting mandatory arbitration of sex harassment cases.
Expert Analysis
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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.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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Best Practices For State Banks Eyeing Federal Conversions
Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.