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Public Policy
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July 09, 2025
FDA Gets Early Win In Blue States' Abortion Pill Suit
A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.
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July 09, 2025
5 Years Ago, The McGirt Ruling Reshaped Tribal Jurisdiction
It was widely held for decades that Oklahoma had domain over criminal matters on tribal lands, but five years ago, the U.S. Supreme Court turned that regime on its head, finding 19th century federal treaties with the Creek Nation that formed its reservation are valid — and, in turn, reestablishing 45% of the Sooner State as Indian Country.
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July 09, 2025
T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal
T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.
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July 09, 2025
Former SEC Officials Discuss Agency's New Priorities
Though swift regulatory and enforcement changes at the U.S. Securities and Exchange Commission have created a more business-friendly environment, three agency veterans now at Gibson Dunn & Crutcher LLP caution to watch out for compliance landmines.
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July 09, 2025
Mich. Judge Tosses Challenge To State Medicaid Abortion Ban
A Michigan judge has dismissed a challenge to the state's ban on Medicaid coverage for abortions, finding a nonprofit organization that offers financial assistance to women seeking abortions lacked standing.
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July 09, 2025
Antitrust Enforcers Beat Google, Try Meta And Keep Going
When U.S. District Judge Leonie M. Brinkema held on April 17 that Google was liable for illegally monopolizing two out of three advertising placement technology markets targeted by the U.S. Department of Justice, her ruling contributed to potentially one of the most consequential convergences of antitrust enforcement in recent memory.
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July 09, 2025
Fla. DJ Challenges FCC's $2.4M Pirate Radio Fine
A Miami-area DJ is challenging a nearly $2.4 million Federal Communications Commission penalty for running an unauthorized radio station, arguing a recent U.S. Supreme Court decision renders the commission's forfeiture process unconstitutional.
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July 09, 2025
Former FCC Republican Opposes Next-Gen TV Mandate
The feds shouldn't push a next-generation TV mandate on electronics makers and related industries at the behest of broadcasters eager to move to the new standard, says a Republican former member of the Federal Communications Commission.
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July 09, 2025
DOJ Charges Oak View CEO With Rigging Arena Project Bid
The U.S. Department of Justice announced an indictment on Wednesday of Oak View Group's CEO Tim Leiweke for allegedly rigging the bid to build and operate the Moody Center arena on the campus of the University of Texas at Austin.
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July 09, 2025
Top Dems Press EEOC On 'Shakedown' Of Major Law Firms
Top congressional Democrats are once again seeking information on the Trump administration's "shakedown" of major law firms over their past work and clients.
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July 09, 2025
DHS To Subpoena Harvard For Foreign Student Records
The U.S. Department of Homeland Security said Wednesday it will send administrative subpoenas to Harvard University seeking information about its foreign students, yet another salvo in the ongoing legal battle between President Donald Trump's administration and the Ivy League school.
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July 08, 2025
FCC Should Kill Verizon-UScellular Deal, Trade Group Says
The Rural Wireless Association is not a fan of T-Mobile, Verizon and AT&T's plan to split UScellular between themselves — particularly when it comes to Verizon picking up a hefty share of the phone and internet company's spectrum, the trade group has told the FCC.
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July 08, 2025
Split 9th Circ. Axes Illegal Reentry-After-Removal Conviction
A split Ninth Circuit on Tuesday undid a Dominican man's conviction for unlawfully re-entering the U.S. after previously being removed, saying the federal government failed to prove he ever escaped border agents' surveillance near the U.S.-Mexico border.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Fla. Distorted Detention Center Construction, Group Says
An environmental nonprofit claimed in Florida federal court filings Tuesday it has evidence additional land in the Everglades is being used to construct a federal immigration detention center, alleging a misrepresentation from Florida officials that the camp is built on the footprint of an existing airport structure.
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July 08, 2025
Conn. AG Hits Ticket Marketplace With 1st Data Privacy Fine
An online ticket marketplace has become the first to be handed a monetary penalty under Connecticut's comprehensive data privacy law, with the state's attorney general announcing a settlement Tuesday that will require the company to pay $85,000 and maintain consumer rights request metrics to resolve claims that it failed to fix several alleged privacy notice deficiencies.
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July 08, 2025
Baltimore Police Want Out Of Md. Hemp Cos.' Suit
The Baltimore Police Department wants out of a lawsuit filed by hemp businesses and buyers seeking to upend a Maryland law that would require retailers to get recreational cannabis licenses to buy and sell hemp products, arguing that the department isn't responsible for the legislation.
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July 08, 2025
Insurer Fights ACA Loss, Citing Justices' Trans Care Ruling
Premera Blue Cross urged a Washington federal court to rethink an early win it granted against the insurer over its coverage policy for gender dysphoria surgery, arguing the U.S. Supreme Court's recent decision in U.S. v. Skrmetti is dispositive of a sex discrimination claim in the case.
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July 08, 2025
Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit
Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.
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July 08, 2025
Chinese Man Arrested Over COVID Data Theft, Law Firm Hack
Federal agents have arrested a Chinese citizen to face criminal charges for his alleged role in the Microsoft "HAFNIUM" cyberattack in which the People's Republic of China allegedly directed him and a co-conspirator to hack email accounts at a law firm and a Texas university to steal crucial COVID-19 vaccine information.
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July 08, 2025
Puerto Rico Bond Suit Doesn't Belong In Conn., Insurers Say
The insurers of billions in bonds issued by the Puerto Rico Sales Tax Financing Corp. say a Connecticut federal judge can't hear a proposed class action accusing them of failing to pay bondholders the full value of their investments after a 2016 bankruptcy default.
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July 08, 2025
Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told
A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor.
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July 08, 2025
Trump, Iowa AG Back Florida's Push To Enforce Migrant Law
The Trump administration, the state of Iowa and the Immigration Reform Law Institute told the Eleventh Circuit they support Florida's push to enforce a law criminalizing the entry of unauthorized immigrants into the state, arguing the law isn't preempted by federal statutes.
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July 08, 2025
Trump Declares 50% Copper Tariff, Floats 200% Pharma Tariff
President Donald Trump announced Tuesday that he will impose a new 50% tariff on copper imported into the U.S., while also raising the possibility of imposing a 200% tariff on pharmaceuticals.
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July 08, 2025
Crypto Groups Back Developer's Money Transmitter Challenge
A coalition of crypto industry groups voiced their support for a challenge seeking to protect software developers from catching criminal cases over others' use of their creations, telling the Texas federal judge overseeing the case that the U.S. government has recently taken "an unprecedented, sweeping interpretation" of money transmission statutes.
Expert Analysis
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What Employers Should Know About New Wash. WARN Act
Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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What To Know About New Wash. Community Association Law
A series of recent legislative updates that greatly expand application of the Washington Uniform Common Interest Ownership Act pose significant challenges to the volunteer board members who administer and operate condos and homeowners associations, but there are ways to lessen the newly imposed administrative burden, says Tim Feth at VF Law.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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UK May Play Major Role In Corporate Misconduct Regulation
In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.