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Public Policy
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 22, 2025
8th Circ. Axes Witness Tampering Verdict In Kidnapping Case
The Eighth Circuit upheld the kidnapping conviction of a man who held a woman at gunpoint and forced her to drive across state lines, but it vacated his attempted witness tampering conviction, holding that there wasn't enough evidence.
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July 22, 2025
Native Groups Reject Trump's Call For Old Team Names
Two Native American advocacy groups are condemning President Donald Trump's threat to kill a $3 billion plan for the new Washington Commanders stadium if the NFL team's former name isn't reinstated, saying Indigenous cultures are not past relics, mascots or forms of entertainment.
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July 22, 2025
Sable Aims To Sink Groups' Suit Over Calif. Oil Platforms
Sable Offshore Corp. told a California federal judge that green groups didn't follow proper litigation notice rules, dooming their lawsuit alleging the federal government failed to require the company to update safety and pollution control plans at drilling facilities.
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July 22, 2025
EU Deepens Look Into Universal Music $775M Downtown Deal
European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.
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July 22, 2025
NJ Judges End Habba's Tenure, Bondi Removes Replacement
The New Jersey federal district court brought Alina Habba's run as interim U.S. attorney to an end Tuesday by not extending her tenure in the temporary role past 120 days.
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July 22, 2025
NY To Make Prison Phone Calls Free, Saving Families Millions
Phone calls for inmates in New York state prisons will soon be free of charge, officials announced Tuesday — a policy shift advocates say will save more than $13 million annually for families of incarcerated people and strengthen ties that are crucial to rehabilitation and public safety.
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July 22, 2025
Missouri Solicitor General, State Judge Secure Federal Seats
The Senate confirmed two nominees on Tuesday to serve on Missouri federal courts.
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July 22, 2025
Judge Blocks Some Planned Parenthood Cuts In Partial Ruling
A Massachusetts federal judge partially blocked a measure passed by Congress this month stripping Medicaid funding from Planned Parenthood-affiliated facilities, but only as it applies to those that do not provide abortions or that receive minimal federal support.
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July 22, 2025
Ore. Extends Brownfield Development Tax Breaks
Oregon extended its program of local property tax incentives for brownfield development by six years under a bill signed by the governor.
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July 22, 2025
Ala. Pot Regulators Seek Dismissal Of Retaliation Suit
Alabama medical cannabis regulators have urged a federal judge to dismiss a lawsuit from a prospective medical marijuana business that was denied a license, or abstain from the matter entirely, because similar cases are pending in state court.
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July 21, 2025
Revived Effort To Break Up 9th Circ. Makes Its Way To Senate
Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.
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July 21, 2025
Md. Judges Slam 'Unprecedented' Suit Over Habeas Orders
Maryland federal judges on Monday pressed a Virginia federal judge to throw out the Trump administration's "unprecedented" suit challenging their standing order that temporarily blocks deportation of detained noncitizens who file habeas petitions, warning that if the suit succeeds, "it will not be the last."
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July 21, 2025
Trump Asks DC Circ. To Block FTC Dem's Reinstatement
The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.
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July 21, 2025
The Biggest Telecom Developments Of 2025: Midyear Report
It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.
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July 21, 2025
Sinclair Stations Clear Up FCC's Kid TV Enforcement
Sinclair Broadcast Group stations that aired Hot Wheels commercials during a children's Hot Wheels program in violation of Federal Communications Commission rules are settling with the agency after their owner inked a deal allowing the parent company to avoid a $2.6 million fine.
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July 21, 2025
FCC Waives Rules To Use Radar Digging In Construction
Rod Radar has convinced the Federal Communications Commission to grant it a waiver that would allow it to hook ground-penetrating radar to excavator buckets to help avoid underground infrastructure like utility lines.
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July 21, 2025
Man Tweaks Suit Over Gun Purchase Ban Tied To Pot Conviction
A man who claims he was wrongly denied the right to buy a gun despite his four-decades-old marijuana felony being expunged has tweaked his legal efforts, dropping the FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives as defendants in his lawsuit in Kansas federal court.
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July 21, 2025
DC Circ. Urged To Leave FERC Project Approvals Alone
Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.
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July 21, 2025
Nonprofits Take Aim At New HUD Grant Rules
A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
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July 21, 2025
CFPB Ends VyStar Consent Order After $1.5M Penalty Paid
The Consumer Financial Protection Bureau disclosed Monday that it has ended another Biden-era consent order, this time with VyStar Credit Union, which the agency said has paid the seven-figure penalty that was imposed against it last year.
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July 21, 2025
Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime
The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.
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July 21, 2025
House GOP Would Cut SEC Funds, Curb Cyber Breach Rule
House Republicans are seeking to cut the U.S. Securities and Exchange Commission's budget by 7% in the upcoming fiscal year, presenting a plan that could also undercut a Biden-era regulation requiring publicly traded companies to quickly report cybersecurity breaches.
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July 21, 2025
Not Enough Similarities To Apply DOJ Ad Tech Win: Google
Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.
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July 21, 2025
Fla. Judge Pick Probed On Trump Case, Nomination Timing
A judicial nominee for the Southern District of Florida has fielded more questions from Democrats who have suggested that he ruled in favor of President Donald Trump and repeated the president's "partisan talking points" while simultaneously being vetted for a federal judgeship.
Expert Analysis
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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.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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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.