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Public Policy
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June 27, 2025
Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed
A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.
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June 27, 2025
Texas Justices OK Methodist Church's Suit Against SMU
The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.
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June 27, 2025
DC Judge Asks If WH Can Pull Clearances Based On Bias
The D.C. federal judge overseeing national security lawyer Mark S. Zaid's challenge to being stripped of his clearances had some hard questions Friday for the government's attorney, asking if President Donald Trump stripped clearances from attorneys for being Catholic meant they could judicially challenge him.
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June 27, 2025
Texas Justices Say Paxton Can Keep Jan. 6 Records
The Texas Supreme Court found that Attorney General Ken Paxton does not have to cough up his communications during and after the Jan. 6, 2021, insurrection at the U.S. Capitol, saying in a Friday opinion only the state's high court may issue orders compelling executive officers to certain actions.
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June 27, 2025
Senate Republican Plan Would Cut CFPB Funds, Keep PCAOB
U.S. Senate Banking Committee Republicans' latest budget bill plans have dropped a push to dismantle the Public Company Accounting Oversight Board and pivoted to a lesser — but still severe — cut to the Consumer Financial Protection Bureau's funding.
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June 27, 2025
Tribes Say Kalshi's Sports Contracts Undermine Sovereignty
A group of state and tribal gaming associations plus 27 federally recognized tribes have weighed in on a dispute between trading platform KalshiEx LLC and Maryland regulators, arguing that Kalshi's entrance into the gaming market has adversely impacted tribal gaming revenue and impeded tribes' inherent sovereign right to regulate gaming activity on tribal lands.
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June 27, 2025
DOD's Pot Questions Violate 5th Amendment, Contractor Says
A former defense contractor who was denied security clearance because he refused to say if he had consumed marijuana during a specific time period is suing the U.S. Department of Defense, alleging it violated his constitutional right against self-incrimination.
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June 27, 2025
Fed Circ. Passes On VA, Veteran Dispute Over GI Bill Benefits
A three-judge Federal Circuit panel said it lacked jurisdiction to step into an ongoing GI Bill dispute as a long-serving veteran challenges an education benefits denial that purportedly flies in the face of a U.S. Supreme Court decision handed down last year.
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June 27, 2025
Abrego Garcia Attys 'Cannot Put Any Faith' In DOJ Claims
Kilmar Armando Abrego Garcia's attorneys on Friday urged the Tennessee federal judge overseeing his criminal case to delay issuing his release from custody, citing the government's contradictory statements over its seemingly new intention to redeport him somewhere other than his native El Salvador.
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June 27, 2025
Can AI Kill Human Art? Two Judges Envision Different Futures
The two federal judges who issued highly anticipated opinions about training generative artificial intelligence models with copyrighted material acknowledged the fear from many that AI could ultimately supplant human-created works, but they had differing views about the probability of such a future.
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June 27, 2025
Feds Prevail Over J&J In Another 340B Rebate Dispute
A D.C. federal judge granted a summary judgment win Friday to the U.S. Health Resources and Services Administration over Johnson & Johnson, finding the agency acted within its discretion when it rejected the company's program to offer rebates instead of discounts in a decades-old drug pricing program.
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June 27, 2025
Banks Get Clean Bill Of Health As Stress Test Changes Loom
The Federal Reserve said Friday that the nation's big banks are stocked with enough capital to weather a severe recession, giving them passing marks on what are poised to be the last round of stress tests before regulators begin overhauling the testing process.
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June 27, 2025
Fla. Teen Files $10M Suit Alleging DMV Appointment Scalping
A Florida teenager has filed a proposed $10 million state court class action lawsuit against highway safety officials, alleging they were negligent for allowing her to camp outside a driver's license office just to secure an appointment because reservations were scalped by internet bots and sold for profit.
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June 27, 2025
Judge Waits On Fortune's Bid To Join Assa Abloy Fight
A D.C. federal judge left open the question of whether Fortune Brands Home & Security can intervene to enforce Assa Abloy's 2023 settlement agreement with the U.S. Department of Justice on Friday, as the DOJ seeks to keep a supply agreement between the two companies in place.
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June 27, 2025
Groups Quickly Switch Tactics In Birthright Citizenship Cases
Just hours after the U.S. Supreme Court limited federal judges' ability to issue nationwide injunctions Friday, groups challenging the constitutionality of President Donald Trump's birthright citizenship executive order fired off a volley of new lawsuits, switching their legal actions to class action complaints.
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June 27, 2025
Judge Lets DOGE Access Go On But Cites 'Grave' Concerns
A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.
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June 27, 2025
Senate Says AI Is In, Some Spectrum Parts Out Of Budget Bill
The updated version of a moratorium on states' regulation of artificial intelligence is allowed to be included in the budget reconciliation package but some of the spectrum-related provisions are not, according to the latest ruling from the U.S. Senate parliamentarian.
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June 27, 2025
NC Appeals Court Urged To Back Firing Of General Counsel
North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.
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June 27, 2025
After Dobbs, States Become Battleground For Abortion Rights
Three years ago, when the U.S. Supreme Court overturned the precedent set by Roe v. Wade, it did more than end nearly five decades of federal constitutional protection for abortion; it also fractured the legal landscape of reproductive rights, shifting the authority to regulate the procedure to individual states, and leading to legal uncertainty for courts, physicians and patients.
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June 27, 2025
Pregnancy Loss Draws Police Scrutiny Following Dobbs
The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.
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June 27, 2025
How States Are Rethinking Life Without Parole For Youth
A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.
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June 27, 2025
Greystar, Landlords Push To Toss DOJ's RealPage Suit
Greystar Management Services LLC and several other landlords urged a North Carolina federal court to toss a rent price-fixing suit lodged by the federal government and multiple states, arguing in part that they have failed to provide specifics for their antitrust claims.
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June 27, 2025
Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row
The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.
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June 27, 2025
Trump Ends Canada Trade Talks Over Digital Services Tax
The U.S. is ending trade negotiations with Canada because of the country's digital services tax, President Donald Trump said Friday, days before tech giants are due to file their first returns for the 3% charge on revenues they earn from Canadians.
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June 27, 2025
Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail
A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"
Expert Analysis
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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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.