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Public Policy
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
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August 15, 2025
Interim US Atty In NM Named To Acting Role, Sens. Protest
The interim U.S. attorney for the District of New Mexico has been designated acting U.S. attorney — the latest in the Trump administration's efforts to bypass the Senate confirmation process and install the president's picks.
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August 15, 2025
FCC Warns Of Possible $2.4M Pirate Radio Fines In Ill., Conn.
Someone is operating an illegal radio station on a residential street in Springfield, Illinois, and the Federal Communications Commission says it can and will fine the person responsible more than $2.4 million if they don't cut it out — and it's not the only one.
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August 15, 2025
Town Says TV Reporter Bypassing Own Blame For Broken Leg
A television news reporter can't shirk the blame for his broken leg after he allegedly failed to exercise reasonable care while walking in a parking lot and got run over by a town worker, the town told North Carolina's highest court in seeking to undo a jury verdict favoring the reporter.
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August 15, 2025
Md.'s Digital Ad Tax Violates 1st Amendment, 4th Circ. Says
A provision in Maryland's digital advertising tax that prevents tech companies from directly passing the tax on to customers is unconstitutional, the Fourth Circuit said Friday, ruling that it unfairly suppresses companies' ability to explain the tax to consumers.
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August 15, 2025
Judge Questions How New Jersey US Atty Ascended To Role
A federal judge tasked with deciding if acting U.S. Attorney Alina Habba was legitimately serving as New Jersey's top federal prosecutor was curious about how she ascended to the role in the first place, suggesting at one point during a hearing Friday that the government proposed a game of "musical chairs" designed to "shoehorn" her into the position.
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August 15, 2025
Truck Co. Asks Justices To Review Denial Of $268M Tax Break
A Tennessee truck company seeking $268 million in excise tax exemptions for its refurbished tractors has asked the U.S. Supreme Court to review a Sixth Circuit decision finding the company's tractors might not qualify because they may have previously been sold to tax-exempt buyers.
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August 15, 2025
Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law
A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.
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August 15, 2025
Exec Snared In Now-Dismissed Eric Adams Case Avoids Jail
A wealthy construction executive who admitted illegally funneling over $12,000 into the 2021 campaign of New York City Mayor Eric Adams avoided prison on Friday at a sentencing that followed the government's decision not to proceed against the mayor himself.
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August 15, 2025
La. Eyes Pause On Suit While Congress Mulls Future Of Hemp
Louisiana officials on Thursday asked a federal judge to pause a lawsuit challenging the state's hemp law while Congress considers the future of federal hemp policy.
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August 15, 2025
Thoreau Stomping Grounds Still Public, Mass. Justices Rule
Massachusetts' highest court on Friday said the public is entitled to use a section of an 18th century road once deemed "a paradise for walkers" by Henry David Thoreau, rejecting claims by Harvard University and other adjacent property owners that the road was made private decades ago.
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August 15, 2025
DC Circ. Paves Way For Trump Admin To Resume CFPB Cuts
A D.C. Circuit panel on Friday tentatively cleared President Donald Trump's administration to carry out mass layoffs at the Consumer Financial Protection Bureau, rejecting a lower-court hold on those efforts but giving time for groups representing consumers and agency workers to request an appeal.
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August 15, 2025
DC Sues Trump Over Police Takeover, Sanctuary Policies
The District of Columbia sued President Donald Trump and Attorney General Pam Bondi on Friday to halt the federal takeover of the Metropolitan Police Department, saying the executive branch lacks authority to exert operational control over the city's law enforcement.
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August 14, 2025
Ed. Dept. Effort To Bar School Diversity Programs Blocked
A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."
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August 14, 2025
Banks Ask To Halt 'Unfair' Clock On CFPB Open Banking Rule
Bank trade groups are asking a Kentucky federal judge to freeze looming compliance deadlines for the Consumer Financial Protection Bureau's contested open banking rule as the agency revamps the measure, while opposing fintech groups called on the White House to block banks from charging them fees for the kind of data-sharing the rule mandates.
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August 14, 2025
Fla. Judge Won't Require Snap To Heed Teen Social Media Law
A Florida federal judge has rejected the state attorney general's bid to force Snap Inc. to comply with a new law that would limit the ability of teens to access the platform, holding that the state's challenge was unlikely to succeed in light of his prior ruling in a related case finding the measure to likely be unconstitutional.
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August 14, 2025
NYC Fires Back At Co.'s Migrant Busing Suit
New York City is coming out swinging against a lawsuit brought by a charter company that helped Texas bus thousands of migrants into the city and leave them there, saying that Roadrunner Charters wasn't injured by the city enforcing its own laws.
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August 14, 2025
Fla. Judge Warns Of Split Claims In Detention Center Suit
A Florida federal judge on Thursday warned parties in a proposed class action over attorney access for individuals confined at the Everglades immigrant detention center that some claims in the lawsuit appear to belong in a neighboring district, saying that he could issue a ruling reflecting this determination.
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August 14, 2025
ATF Says Ban On Buying Handguns Out Of State Is Valid
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives asked a Texas federal judge to shoot down a bid from a gun store to overturn the federal ban on citizens purchasing handguns outside their state of residence, saying the law has historic backing.
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August 14, 2025
Colo. Sex Offender Can't Nix Registry Over Expunged Record
A Colorado Court of Appeals panel held Thursday in a matter of first impression that an expunged juvenile sex offense can be a factor in determining lifetime registration as a sex offender, rejecting a defendant's arguments that it violates the ex post facto clause and the Eighth Amendment.
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August 14, 2025
9th Circ. OKs Returning Calif. Farm Wage Suit To State Court
A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.
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August 14, 2025
Austin Asks Justices To Toss Abortion Travel Decision
The city of Austin, Texas, threw its weight behind San Antonio in the latter's fight against a state appeals court finding that barred San Antonio from funding out-of-state abortion travel, telling the Texas Supreme Court the ruling allows the state to thwart Texas cities' legislative process.
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August 14, 2025
DC Judge Halts Some USDA Climate Grant Terminations
A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.
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August 14, 2025
DOJ Says No Habeas Exception In Georgetown Scholar's Case
The Trump administration has told the Fourth Circuit that district court orders barring the removal and ordering the release of Indian Georgetown academic Badar Khan Suri, who was detained on foreign policy grounds, flout longstanding limits on courts' authority over habeas petitions.
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August 14, 2025
Trump Picks Ex-Scalia, Kavanaugh Clerk For 7th Circ.
President Donald Trump announced on Thursday evening he would be nominating Rebecca Taibleson, an assistant U.S. attorney in Wisconsin, to the Seventh Circuit.
Expert Analysis
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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.
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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.