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Public Policy
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July 17, 2025
EU Approves Luxembourg Beverage Deal With Fix
European enforcers have approved beverage producer and distributor Brasserie Nationale's planned purchase of a Luxembourg-based wholesaler, after the companies agreed to unload a portion of the business that sells to hotels, restaurants and cafes in the country.
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July 17, 2025
FCC Asks 5th Circ. To Reinstate $57M AT&T Data Privacy Fine
The Federal Communications Commission is asking for the full Fifth Circuit to take up an April panel decision finding the commission's in-house adjudications unconstitutional, arguing that a recent U.S. Supreme Court decision "effectively abrogated" the precedent that the panel ruling for AT&T was partly predicated on.
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July 17, 2025
Senators Float 'Patent Thicket' Bill To Limit Generic Litigation
A bill floated in the U.S. Senate would limit the use of so-called patent thickets that are asserted by major pharmaceutical companies in litigation to restrict generic competition.
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July 17, 2025
EPA Merging Offices As Reorganization Continues
The U.S. Environmental Protection Agency on Thursday said it's consolidating and shuffling some of its internal offices, including those handling finance and enforcement, the latest in a series of changes and cutbacks at the EPA.
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July 17, 2025
Texas AG Sues Nat'l Org. Over Trans Swimmer Participation
Texas Attorney General Ken Paxton has filed a state lawsuit against U.S. Masters Swimming Inc. and its state chapters, accusing the entity of violating Texas law by allowing transgender women to compete with cisgender women in swim meets.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Wis. Senators Send List Of Bipartisan 7th Circ. Picks To Trump
The senators from Wisconsin, one Republican and one Democrat, have sent President Donald Trump a list of five candidates for the seat of the Seventh Circuit that is slated to open in October.
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July 17, 2025
Omaha Tribe Leads Nebraska In Cannabis Legalization Push
The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.
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July 17, 2025
JPMorgan Chase Can't Force Arbitration In Client Racism Suit
A Washington federal judge has rejected a bid by JPMorgan Chase Bank NA to send a customer's racial discrimination suit to arbitration, concluding the bank did not show the arbitration clause in its deposit account agreement is valid and enforceable against the plaintiff family.
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July 17, 2025
Senate Moves Closer To Confirming Trump's NTIA Chief Nom
The U.S. Senate stepped closer Thursday to confirming President Donald Trump's choice to lead the government agency that manages federal use of spectrum.
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July 17, 2025
US Negotiating Global Min. Tax Carveout Accord, Official Says
The U.S. hasn't yet secured an agreement with other countries to exempt its companies from the international parts of the 15% global minimum tax despite reaching an "understanding" with the Group of 7 nations, but wider negotiations have begun, a U.S. Treasury Department official said Thursday.
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July 17, 2025
Bombing Victims Seek Damages For Iran's Support Of Attacks
Dozens of people allegedly harmed by bombings in Kabul, Afghanistan, have asked a D.C. federal judge to order the Islamic Republic of Iran to pay hundreds of millions of dollars for providing material support for the terrorist attacks.
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July 17, 2025
FCC Approves Alaska Telecom's Performance Revisions
With improved backhaul access in hand, GCI Communication Group is committing to deliver 10/1 megabits per second 4G LTE service to an additional 7,500 Alaskans, according to an Alaska Plan individual performance revision approved by the Federal Communications Commission.
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July 17, 2025
Fla. AG, Sandoz Clash With Other Enforcers Over 'Done' Deal
Sandoz and Florida's attorney general pressed a Connecticut federal judge Wednesday to let them settle out of sweeping price-fixing litigation against generic-drug makers, contending that federal civil procedure rules give no room for objections from other state enforcers worried the Sunshine State deal interferes with their own ability to negotiate settlements. Â
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July 17, 2025
Atty Access At 'Alligator Alcatraz' Being Barred, Suit Says
Attorneys are being barred from consulting clients being detained at the new detention facility in the Everglades known as "Alligator Alcatraz," while detainees are being prevented from contesting their detention, a new federal lawsuit alleges.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
EU Sends Hungary To Court Of Justice Over ECT Stance
The European Commission said it will refer Hungary to the European Union's Court of Justice to address a potential violation of EU law, claiming it has contradicted the union's position on intra-EU arbitrations under the Energy Charter Treaty and refused to abide by the court's case law.
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July 17, 2025
Tax Auditor's Disability Bias Suit Dismissed For Late Filing
A federal judge tossed a tax auditor's suit claiming a North Carolina county yanked her intermittent leave disability accommodation for health flare-ups that made it hard to drive to work, rejecting her bid to toll the statute of limitations due to a lawyer's bad advice.
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July 17, 2025
PE Firm Is Denied FDA Docs For Defense In Deal Challenge
An Illinois federal court on Wednesday denied a request from private equity firm GTCR BC Holdings LLC to force the U.S. Food and Drug Administration to produce more than a decade's worth of medical device approval applications as the firm fights a merger challenge from enforcers.
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July 17, 2025
Ga. AG Asks 11th Circ. To Review Social Media Age Limit Case
The state of Georgia has appealed a preliminary injunction that halted enforcement of Georgia's new restrictions on minors' use of social media on constitutionality grounds to the Eleventh Circuit.
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July 17, 2025
NJ Sewer Agency Sued Over $232M Skanska Gas Plant Project
A community group and the city of Newark filed separate lawsuits in New Jersey state court to stop a regional sewerage authority from building a $232 million gas-fired backup power plant in the city, citing the state's Environmental Justice Law.
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July 17, 2025
Wisconsin Bar Settles Atty's Legal Challenge Over DEI Efforts
The State Bar of Wisconsin has settled a lawsuit from a lawyer challenging its diversity, equity and inclusion efforts, with the agency agreeing to apply a tweaked definition of diversity to two leadership programs.
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July 17, 2025
CFTC Restructures Enforcement Division Amid Layoffs
The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.
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July 17, 2025
Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers
A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that "criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.
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July 17, 2025
Neb. Asks Justices To Resolve River Dispute With Colo.
Nebraska is asking the U.S. Supreme Court to resolve its claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.
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.