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Public Policy
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July 22, 2025
GOP Senators Float Crypto Market Structure Discussion Draft
Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.
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July 22, 2025
OCC Defends Ex-Wells Fargo Exec's $10M Fake Accounts Fine
The Office of the Comptroller of the Currency has urged the Eighth Circuit to uphold a $10 million penalty and industry ban against a former Wells Fargo risk executive for her role in the bank's fake accounts scandal, arguing her post-Jarkesy claims rest on a "fundamental misconception" of the Constitution.
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July 22, 2025
After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban
A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.
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July 22, 2025
Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight
Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.
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July 22, 2025
DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now
One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.
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July 22, 2025
Bid Protest Experts Push For Focus On Data, Debriefings
Bid protest experts told lawmakers Tuesday that they should focus on collecting more data on the federal procurement process and expanding the use of enhanced post-award debriefing procedures to civilian agencies, rather than penalizing companies that file frivolous bid protests.
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July 22, 2025
US Olympic Officials Ban Trans Women, Comply With Trump
The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Power Cos., PJM Back FERC Auction Rerun Decision
Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.
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July 22, 2025
Pa. High Court Says Expunged DUI Still Counts As An Offense
Pennsylvania's highest court ruled Tuesday that the state can count a charge for driving under the influence that was expunged following a diversion program as a prior offense for the purpose of suspending a man's driver's license after he committed another DUI offense.
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July 22, 2025
Feds Tell 9th Circ. That Judge Misread Trump's Sanctuary Orders
The U.S. Department of Justice told the Ninth Circuit on Monday that a district court's injunction blocking the Trump administration from withholding federal funding to sanctuary jurisdictions like San Francisco rests on the court's misunderstanding of President Donald Trump's executive orders.
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July 22, 2025
Divided 3rd Circ. Backs ICE Detention Contracts In NJ
A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.
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July 22, 2025
ND Fights Tribes' High Court Bid To Stay Voting Rights Order
North Dakota Secretary of State Michael Howe urged U.S. Supreme Court Justice Brett Kavanaugh to deny a bid by two North Dakota tribes to pause an Eighth Circuit decision that vacated their challenge to two state voting laws, arguing the tribes have not established a likelihood of reversal.
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July 22, 2025
Humana Asks Texas Court To Void 2025 Medicare Ratings
Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.
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July 22, 2025
Civil Rights Org. Backs 2nd Suit Over Tariffs, In Texas
The New Civil Liberties Alliance is representing two businesses and a trade association in Texas federal court in a suit filed on Monday against the federal government — the second suit the alliance has taken on to fight President Donald Trump's emergency tariffs.
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July 22, 2025
Trump Announces Framework For Indonesia Trade Deal
Indonesian goods entering the U.S. will face a 19% tariff beginning Aug. 1 as U.S. exports will benefit from a series of tariff reductions and removal of certain trade barriers by Indonesia, according to new details President Donald Trump announced for a trade deal between the two countries Tuesday on Truth Social.
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July 22, 2025
Mo. High Court Says Counties Can't Tax Pot In Certain Areas
Counties can't add their own taxes on sales of adult-use cannabis in incorporated areas such as cities that impose their own tax, Missouri's highest court said Tuesday, reversing a lower court decision that upheld the county taxes.
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July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths
The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.
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July 22, 2025
Discovery To Continue In Colo. Class Suit Over Seized Property
A Colorado federal judge on Tuesday ruled that discovery will continue in a proposed class action alleging the Colorado state treasurer unconstitutionally seized and sold their property, regardless of a pending motion to dismiss the case.
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July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid
Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
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July 22, 2025
Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal
The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.
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July 22, 2025
Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'
The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."
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July 22, 2025
4th Circ. Lets End Of Afghan Protected Status Move Forward
The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.
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July 22, 2025
House Panel Knocks EBSA Sharing Info With Workers' Attys
House lawmakers on Tuesday criticized the U.S. Department of Labor's employee benefits subagency for sharing information from enforcement investigations with plaintiffs attorneys representing benefit plan participants, with some lawmakers calling on Congress to pass new legislation to curb the practice.
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July 22, 2025
Gogo Worries 900 MHz Redo Could Disrupt In-Flight Receivers
In-flight communications provider Gogo told the Federal Communications Commission that a plan advanced early this year to rework two bands of 900 megahertz airwaves could disrupt its air-to-ground receivers that use an adjacent band.
Expert Analysis
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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.
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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.