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Public Policy
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July 11, 2025
Midyear 2025: A Glimpse At Sports Betting Enforcement
The first half of 2025 saw a flurry of activity in the enforcement of sports betting rules, with two NBA veterans finding themselves at the center of a federal gambling probe, two mixed martial arts fighters receiving lengthy suspensions, and Shohei Ohtani's disgraced interpreter catching a 57-month prison sentence for theft.
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July 11, 2025
Catching Up On Stewart's Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what they decided.
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July 11, 2025
Grayscale Tells SEC 'End-Run' Shouldn't Delay Crypto ETP
Digital asset management firm Grayscale Investments LLC has challenged a decision by the U.S. Securities and Exchange Commission to hold back the launch of its multi-crypto exchange-traded fund, arguing in a letter to the agency that the stay violates the Exchange Act's rules on approval timelines.
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July 11, 2025
Colo. Court Mostly Backs Coal Mine In Water Permit Dispute
A Colorado appeals court said that most of the stormwater discharges produced by a mining company in Gunnison County do not require a permit, reversing lower court and administrative judge rulings.
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July 11, 2025
Hospital Says Wash. Withholding Docs In Billing Fraud Suit
A hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme contends the Washington state attorney general's office has wrongly refused to provide records from agencies involved in the misconduct investigation, according to new filings in federal court.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Cannabis Industry Group Praises Hemp Ban In Spending Bill
A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.
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July 11, 2025
Census Didn't Change Rural Carrier Definition, FCC Says
The Federal Communications Commission hasn't changed its definition of a "rural competitive local exchange carrier," the agency assured companies after the U.S. Census Bureau's shift in terminology for urban areas threw the definition into doubt.
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July 11, 2025
9th Circ. Upholds Feds' Arctic Ringed Seal ESA Protections
The Ninth Circuit on Friday upheld the federal government's Endangered Species Act protections for Arctic ringed seals and rejected Alaska's effort to roll them back.
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July 11, 2025
State Dept. Defends Visa Revocations For Anti-Israel Protests
A senior U.S. Department of State official testified Friday that a series of high-profile visa and green card revocations were based on participation in campus protests or other acts that "fostered a hostile environment for Jewish students" and included expressions of support for terrorist organizations.
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July 11, 2025
Former NC Rep. Says State Law Covers Discrimination Suit
A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.
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July 11, 2025
Ga. Judge Pauses Discovery In Suit Against Ex-Atlanta IG
A Georgia federal judge has stayed discovery in a case in which a lobbyist and city contractor sued Atlanta's former inspector general for allegedly violating state law by issuing subpoenas for the lobbyist's bank records in order to bolster a frivolous corruption probe.
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July 11, 2025
Google Won't Have To Turn Over EU Ad Tech Settlement Docs
A Virginia federal judge refused a request from the U.S. Department of Justice Friday to force Google to hand over submissions it made to European enforcers when trying to settle their investigation as the sides ready for a remedies trial in the ad tech monopolization case.
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July 11, 2025
Gun Group's NJ Nuisance Law Case Paused Amid State Action
A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.
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July 11, 2025
Judge Considers Halt On Abrego Garcia's Deportation
A Maryland federal judge said Friday she would seek to ensure that Kilmar Abrego Garcia isn't deported without due process again, pressing government attorneys to either adequately guarantee that he'll get sufficient notice and a chance to challenge his removal, or to expect an order from her requiring it.
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July 11, 2025
PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court
Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.
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July 11, 2025
2nd Circ. Backs NY Liability Law Targeting Gunmakers
The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.
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July 11, 2025
FCC Approves T-Mobile's $4.4B UScellular Deal
Federal Communications Commission staff late Friday approved the license transfers needed for T-Mobile to complete its $4.4 billion acquisition of UScellular wireless operations.
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July 11, 2025
Florida Insurer Sued For Alleged Bias In Arbitration Process
A 92-year-old Miami resident has brought a petition against one of Florida's largest property insurers over redirecting disputes away from courts and into state arbitration hearings, described as forums with biased administrative law judges who shield the company from legal liability.
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July 11, 2025
FCC Cuts 'Utility-Style' Internet Regs After Net Neutrality's Fall
The Federal Communications Commission on Friday slashed 41 "utility-style" regulations on broadband service and network interconnection, following a Sixth Circuit ruling in January that sank Biden-era net neutrality rules.
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July 11, 2025
Dow, Others Can't Duck NY Water District's Contamination Suit
Dow and two other companies must face a New York state water district's claims that they contaminated drinking water supply wells with a highly toxic chemical, a federal judge has said.
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July 11, 2025
Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases
Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.
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July 11, 2025
Feds Urge 1st Circ. To Toss Third Country Injunction
The Trump administration urged the First Circuit to throw out an injunction enforcing due process protections for immigrants facing deportation to third countries, saying the U.S. Supreme Court concluded the government is likely to succeed on the merits of the challenge.
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July 11, 2025
Suppressing Rival Views Can Break Antitrust Laws, DOJ Says
The anti-vaccine group once tied to Secretary of Health and Human Services Robert F. Kennedy Jr. got a boost Friday in its D.C. federal court suit alleging that the Associated Press, The Washington Post, Reuters and the BBC colluded with social media platforms to censor rivals, drawing a Justice Department brief assailing news organization assertions that viewpoint competition can't be illegally suppressed.
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July 11, 2025
Calif. County Asks Justices To Deny 7th Amendment Review
A Northern California county is urging the U.S. Supreme Court not to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
Expert Analysis
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.