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Public Policy
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July 16, 2025
States Push To Keep Nationwide Block On Birthright Order
A coalition of states told a Massachusetts federal court Tuesday that nothing less than a nationwide injunction can provide complete relief in the states' case against President Donald Trump's executive order targeting birthright citizenship.
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July 16, 2025
Flowers Foods Pushes Justices To Take Up Arbitration Case
Flowers Foods pressed the U.S. Supreme Court on Wednesday to take up a case in which the Tenth Circuit decided to keep a distributor's overtime suit out of arbitration, urging the justices to cure a deep circuit split once and for all.
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July 16, 2025
Charter, Cox Ask FCC To Approve $34.5B Combination
Charter Communications and Cox Communications asked federal telecom regulators this week to approve their $34.5 billion megadeal to combine into a broadband, video and mobile services behemoth.
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July 16, 2025
FEMA Targeted In 20-State Suit Over Pre-Disaster Grant Cuts
A coalition of 20 states led by Washington and Massachusetts sued the Federal Emergency Management Agency in Boston federal court Wednesday, accusing the Trump administration of illegally cutting off billions of dollars in grants for proactive disaster mitigation projects across the country.
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July 16, 2025
US Fights NY's Bid To Move Climate Superfund Suit Upstate
The federal government is urging a Southern District of New York judge not to transfer its lawsuit challenging the state's climate change Superfund law to the Northern District, where it would join similar litigation filed by several Republican-led states.
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July 16, 2025
Booz Allen Hit With Retaliation, Wrongful Firing Suit
Booz Allen Hamilton has been sued for race discrimination and retaliation in Georgia federal court by the Black former chief technologist of its global converged resilience practice, who said he was discriminated against and then fired for raising concerns about fraudulent billing.
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July 16, 2025
DOJ Tells FCC Terminals Critical To Undersea Cable Security
The U.S. Department of Justice is calling for new Federal Communications Commission rules to better protect undersea cable systems from foreign adversaries, saying cable licensees should have to report information about nonlicensee entities that operate equipment on submarine cables landing in the U.S.
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July 16, 2025
Dems Ask FCC To Drop CBS Probe, Cite Fox 'Double Standard'
U.S. Senate Democrats are calling on the Federal Communications Commission to drop its probe into alleged news distortion at CBS, claiming there's a "double standard" based on a Fox News interview with President Donald Trump last year about the Jeffrey Epstein case.
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July 16, 2025
Judge Sets Execution Date In Shaken Baby Syndrome Case
A Texas judge on Wednesday granted the state's request to set an execution date for a man convicted of killing his daughter based on a diagnosis of shaken baby syndrome despite his pending appeal before the state's highest criminal court.
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July 16, 2025
NC Rec Center Immune In Overheating Wrongful Death Suit
A North Carolina state appeals panel on Wednesday cleared a Scotland County recreational center in a suit alleging that its negligence led to the death from overheating of a basketball player, finding that the center is entitled to governmental immunity.
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July 16, 2025
Charity Care Is Not Unconstitutional Taking, NJ Justices Rule
The New Jersey Supreme Court on Wednesday held that a state requirement to treat patients regardless of the patient's ability to pay does not amount to unconstitutional per se or regulatory taking, backing a lower court's decision that dismissed a group of Garden State hospitals' challenge to the requirement.
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July 16, 2025
Florida AG Faces Pushback On Out-Of-State Atty Proposal
A proposal from Florida Attorney General James Uthmeier to allow out-of-state attorneys to work for the state government without having to take the state's bar exam is facing criticism within the Florida bar, with its board of governors set to consider whether to formally oppose the rule change.
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July 16, 2025
Jeanine Pirro Scrutinized On Jan. 6, Ex-Husband's Pardon
Former Fox News host and New York state judge Jeanine Pirro, nominated to be U.S. attorney for the District of Columbia, fielded questions from senators Wednesday on the Jan. 6 Capitol riot and President Donald Trump's pardon of her ex-husband, ahead of the anticipated committee vote on her nomination.
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July 16, 2025
Calif. Senate Won't Tackle Consumer Internet Cap
State legislation to limit how much companies can charge consumers for internet service in California has been pulled from consideration in the state's Senate, for now, the bill's sponsor told Law360 Wednesday.
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July 16, 2025
Speaker's Aide Won't Rule Out 'Secure 3.0' Retirement Bill
An aide to House Speaker Mike Johnson told tax attorneys in Washington, D.C., Wednesday that he's not ruling out Congress passing a retirement policy overhaul that's known informally as Secure 3.0, though exact timing on such an effort remains unclear because of the busy year-end schedule.
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July 16, 2025
USTR To Probe Brazil's Trade Practices For Possible Tariffs
The Office of the U.S. Trade Representative announced Tuesday evening it will launch an investigation into Brazil's trade practices to determine whether tariff actions could be necessary after a request by President Donald Trump and prior tariff threats.
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July 16, 2025
Calif. Tribe Opposes Dismissal Of Suit Over Cannabis Raids
The Round Valley Indian Tribes urged a California federal court not to dismiss their claims against Mendocino County and its sheriff alleging they illegally raided cannabis growers on tribal lands, saying the complaint sufficiently contends that the sheriff and county have an ongoing policy of continuing the raids.
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July 15, 2025
GTCR Seeks Rival's Sales Data To Counter FTC Challenge
The private equity firm looking to buy medical device coating company Surmodics is seeking Salesforce data from another competitor in the space, saying the information is crucial to showing that the industry will still be competitive if its acquisition is cleared.
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July 15, 2025
Trump Admin Seeks Win In Harvard $2B Funding Freeze Case
The Trump administration urged a Massachusetts federal judge Monday to grant it summary judgment in Harvard University's lawsuit challenging the government's effort to freeze $2.2 billion in funding, arguing the dispute is a contract fight that belongs in the Federal Claims Court and the allegations fail on the merits.
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July 15, 2025
Ariz. Justices Clear School In Suit By Teen Hit By Car
The Arizona Supreme Court tossed a suit Tuesday accusing a Phoenix school district of knowingly allowing students to jaywalk just outside the school which purportedly caused a 14-year-old boy to get hit by a car and suffer severe injuries, saying the school had no duty of care outside school grounds.
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July 15, 2025
EXIM Bank Sued For 'Unconscionable' LNG Project Funding
Friends of the Earth is asking a D.C. federal judge to block $4.7 billion in financing the Export-Import Bank of the United States has authorized for a massive liquefied natural gas project in Mozambique led by TotalEnergies SE.
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July 15, 2025
IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal
Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.
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July 15, 2025
Ga. Judge Sends Online Casino Suit To Arbitration
A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead.
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July 15, 2025
'NJ Weedman' Can Proceed With Suit Over City Hall Protest
The city of Trenton, New Jersey, can't escape a lawsuit filed by a cannabis advocate known as NJWeedman who claims the municipality violated his First Amendment rights by retaliating against him after he projected a "Batman-like" protest message on City Hall, a federal judge ruled, saying it might be "annoying" but it is protected speech.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
Expert Analysis
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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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.