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Public Policy
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July 25, 2025
4th Circ. Denies Inmate's Habeas Despite 'Kafkaesque' Delays
The Fourth Circuit has affirmed a West Virginia federal court's dismissal of a convicted murderer's bid to get out of prison, finding that although his rights may have been violated by "Kafkaesque," decadeslong delays and ineffective counsel, he was nevertheless able to find resolution in state court.
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July 25, 2025
Fed Bill Targets Medicaid Parity For Urban Natives Clinics
A bipartisan bill recently reintroduced in Congress aims to amend the Social Security Act to set full federal medical assistance for services provided to Medicaid beneficiaries at urban Indian health organizations.
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July 25, 2025
Epic Defends Apple Antitrust Injunction After Birthright Ruling
Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.
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July 25, 2025
Los Angeles Seeks Early Win In Military Leave Bias Suit
The city of Los Angeles and the Los Angeles Police Department urged a California federal court Friday to grant them an early win in a proposed class action alleging the city didn't grant equal sick and vacation time to service members and wouldn't promote them because of their service obligations.
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July 25, 2025
Calif. County Denied Rehearing Over Timeshare Fee
A California county will not get a rehearing over a judgment that an annual fee the county charges to timeshare resort owners to give them each a value of their own properties for property tax purposes was excessive and, in fact, acted as a tax, an appellate panel ruled.
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July 25, 2025
Top International Tax Policy To Watch In 2nd Half Of 2025
The attempt by the U.S. to win an exemption for its companies from the 15% global minimum tax is the most consequential saga currently in international tax policy, but the tumultuous trade scene and anticipated guidance on Congress' tax code tinkering are also in the minds of tax professionals. Here, Law360 looks at what further changes are likely in the volatile global tax landscape during the second half of the year.
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July 25, 2025
Michigan, Green Groups Challenge Feds' Coal Plant Order
Michigan's attorney general and a coalition of environmental groups have appealed the Trump administration's decision to order a Consumers Energy coal power plant to operate through summer, delaying the plant's retirement.
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July 25, 2025
Univision To Pay $300K To Resolve FCC's Kid TV Ad Case
Univision has agreed to a "voluntary contribution" of $300,000 to the U.S. Treasury to settle the Federal Communications Commission's investigations into the Spanish language network's compliance with rules limiting the amount of commercials that can be aired during children's TV programming.
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July 25, 2025
Trump Admin Making Another EO Appeal, Targeting WilmerHale
The Trump administration is appealing a D.C. federal judge's ruling that President Donald Trump's executive order targeting WilmerHale amounts to a "staggering" assault on the First Amendment, according to a notice filed Friday.
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July 25, 2025
District Court Won't Pause Block Of FTC Dem's Firing
A D.C. federal court refused to stay its order reinstating a Democratic member of the Federal Trade Commission after finding she was illegally fired by the Trump administration, although the D.C. Circuit has already put the order on hold.
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July 25, 2025
Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
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July 25, 2025
11th Circ. Calls Dismissal Of Ga. Bar Bias Suit 'Indefensible'
An Eleventh Circuit panel appeared all but certain Friday that it would revive a Georgia attorney's race bias suit against the state's bar association, calling a federal district court's dismissal of her claims that the bar has a two-tiered disciplinary system "indefensible."
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July 25, 2025
Okla. Tribe Fights Town's Plan To Cut Casino Utilities
The Delaware Nation is suing the town of Hinton, Oklahoma, and its officials, alleging that the municipality has threatened to nix utility services to its casino after an agreement over land use expired, in an effort to extract taxes from the federally recognized tribe.
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July 25, 2025
What To Watch As Attys Brace For 401(k) Private Equity Order
Benefits and asset management attorneys are anticipating an executive order from President Donald Trump aimed at expanding access to private equity investments in 401(k) plans, a potential move that's stoking excitement about added investment options and concerns about legal risks. Here are four things on experts' minds as they wait to see if the order materializes.
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July 25, 2025
Former Jan. 6 Prosecutor, 2 Other Ex-DOJ Employees File Suit
A former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol has filed a federal lawsuit along with two other ex-Department of Justice employees alleging they were unlawfully fired.
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July 25, 2025
Greenberg Traurig Hires Ex-Taft Public Finance Attorney
Greenberg Traurig LLP announced Thursday that it has added a former Taft Stettinius & Hollister LLP attorney with a history of public service at both the state and federal levels to its public finance and infrastructure practice.
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July 25, 2025
Judge Rejects FTC Comments In Amazon Defense
A Washington federal judge rejected Amazon's bid to use the Federal Trade Commission's own statements against it in the agency's suit over allegedly deceptive "dark patterns" preventing consumers from unsubscribing from Amazon Prime, saying the e-commerce giant misrepresented the commission's old comments.
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July 25, 2025
Top Immigration Cases Of 2025: Midyear Report
Federal courts repeatedly rebuffed key pillars of President Donald Trump's immigration policy during the first half of the year, with district courts halting efforts to curtail birthright citizenship, restrict asylum at the southern border and deport noncitizens without notice. Law360 looks at some of the most significant immigration litigation developments nearly six months into Trump's second term.
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July 25, 2025
Calif. Court Axes Deported Man's Drug Plea Over Atty Advice
A California appeals court has vacated the drug conviction of a Mexican national and U.S. resident and has told the lower court to set a trial on the charge, finding he wasn't properly told by his lawyer that pleading guilty would lead to deportation.
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July 25, 2025
Judges Solidify Boutros As Chicago's Top Federal Prosecutor
The Northern District of Illinois' acting U.S. attorney is set to continue the job full time after judges in the district voted to appoint him to the role.
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July 25, 2025
Crypto Group Appoints Ex-Legal Chief, Willkie Alum As CEO
A Willkie Farr & Gallagher LLP alum will become the Crypto Council for Innovation's permanent leader after serving as acting CEO since December and previously serving as chief legal and policy officer.
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July 24, 2025
FCC Signs Off On Skydance's $8B Acquisition Of Paramount
The Federal Communications Commission on Thursday gave the green light to Skydance Media's controversial $8 billion acquisition of Paramount Global and its subsidiaries, including CBS' parent company, setting aside concerns that the deal will hurt competition.
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July 24, 2025
Trump Admin Asks Justices To Stay Block On NIH Grant Cuts
The Trump administration on Thursday urged the U.S. Supreme Court to stay a district court's preliminary injunction so that the National Institutes of Health can resume terminating $783 million in grants, saying the lower court, under a recent high court ruling, lacked jurisdiction to make the government pay the grants.
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July 24, 2025
Nonprofits Secure TRO In Challenge To New HUD Grant Rules
A Rhode Island federal judge Thursday granted a temporary restraining order to a coalition of nonprofit groups 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 24, 2025
5th Circ. Says Deportation Waiver Did Not Violate Due Process
A split Fifth Circuit panel found that an unauthorized immigrant did not have his due process rights violated when he signed a form that waived his right to judicial review, saying in a Wednesday opinion that a conviction of an aggravated felony did not violate his rights.
Expert Analysis
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.