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Public Policy
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July 07, 2025
Split 5th Circ. Upholds Block Of Texas' Migrant Arrest Law
A split Fifth Circuit panel left intact a district court order blocking the enforcement of a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers local judges to order their removal.
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July 07, 2025
Wis. Rep. Pushes 2 Bills To Counter EU's Tech, ESG Rules
A Republican U.S. House representative recently introduced two pieces of legislation over European Union regulations the congressman has deemed to be burdensome to U.S. companies, according to a recent announcement from the representative.
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July 07, 2025
Mass. Cannabis Lab Calls Shutdown Order 'Unlawful'
A cannabis testing lab asked a Massachusetts judge on Monday to let it resume operating, nearly a week after state regulators ordered it shut down for allegedly misreporting the results of mold and yeast tests.
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July 07, 2025
Judge Rejects DOJ Bids To Dismiss Abrego Garcia Suit
A Maryland federal judge demanded answers from Trump administration attorneys Monday about when they knew of Kilmar Abrego Garcia's criminal indictment and return from El Salvador, saying the timing of the criminal case in Tennessee didn't align with the administration's earlier declarations that he couldn't be returned to the U.S.
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July 07, 2025
Green Group, Chemours Battle Over W.Va. PFAS Injunction Ask
An environmental group is urging a West Virginia federal court to prevent Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River, while the company is fighting the effort.
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July 07, 2025
Gov't Says OPM Didn't Order Probationary Worker Firings
The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.
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July 07, 2025
Countries Get August Ultimatum To Avoid US Tariff Hikes
Goods entering the U.S. from numerous countries will face tariff hikes beginning Aug. 1 unless their governments commit to address trade concerns the U.S. has raised, according to letters President Donald Trump sent Monday.
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July 07, 2025
USPTO Ups Number Of Prioritized Patent Applications
The U.S. Patent and Trademark Office is raising the number of applications it can accept each year for a prioritized patent examination to 20,000.
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July 07, 2025
Settlement Unlikely In Airline Group's Colo. Sick Leave Suit
An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
Ex-FTC Antitrust Chief Returns To Covington As Co-Chair
Covington & Burling LLP has rehired the former director of the Federal Trade Commission's Bureau of Competition as a co-chair of its antitrust and competition practice group in Washington, D.C., the firm announced Monday.
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July 07, 2025
MyPillow CEO's Attys Sanctioned Over False AI Citations
Two attorneys for MyPillow CEO Mike Lindell were sanctioned by a Colorado federal judge on Monday over a February brief containing nearly 30 "defective citations" after using artificial intelligence.
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July 07, 2025
DOJ Wants Md. Federal Judges' Immigration Orders Blocked
A Maryland federal court standing order temporarily staving off the deportation of detained noncitizens who file habeas petitions is barred by a recent U.S. Supreme Court ruling that federal judges do not have authority to issue universal injunctions, according to the Trump administration.
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July 07, 2025
Maine Authorizes Task Force To Explore Property Tax Changes
Maine authorized the creation of a task force to explore the need for legislation and constitutional amendments to provide more effective property tax relief for residents under a bill signed by the governor.
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July 07, 2025
Trump Threatens Extra 10% Tariff On BRICS-Aligned Nations
President Donald Trump threatened an additional 10% tariff on any country aligning with what's known as the BRICS coalition, which includes Brazil, Russia, India and China.
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July 07, 2025
Arnold & Porter Adds Biden DOJ Official To DC Team
A former third-ranking official at the U.S. Department of Justice, who also held top positions in the Office of Personnel Management and served as solicitor general in his home state of Ohio, has joined Arnold & Porter Kaye Scholer LLP in Washington, D.C., the firm announced Monday.
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July 07, 2025
Feds Cite National Security As Trial Over Student Visas Begins
A Trump administration lawyer told a Massachusetts federal judge Monday that the government's decision to revoke the visas of hundreds of college students and faculty over their pro-Palestinian speech was not viewpoint discrimination but a response to what it contends are threats to national security.
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July 07, 2025
Ex-Oklahoma Pot Regulator's Discrimination Claims Tossed
An Oklahoma federal judge has thrown out discrimination claims filed by a former employee of the Oklahoma Medical Marijuana Authority in a suit alleging she was terminated for whistleblowing, saying she failed to allege that she was dismissed in retaliation for protected speech or activities.
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July 07, 2025
Leaders Of €15M Motor Oil VAT Scheme Convicted, EU Says
Three ringleaders of a €15 million ($17.6 million) value-added tax fraud ring involving motor oil were among 13 people convicted for their roles in the scheme, with Italian courts handing out a combined 34 years in sentences, the European Public Prosecutor's Office said.
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July 03, 2025
SEC Signals Openness To Novel Crypto ETPs
The U.S. Securities and Exchange Commission appears to be laying the groundwork to approve increasingly innovative crypto exchange-traded products with a staff statement on disclosure expectations and the recent approval of a novel fund, but experts said the commission's openness comes with a focus on fulsome disclosure.
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July 03, 2025
139 EPA Workers Put On Leave For Letter Critical Of Trump
The U.S. Environmental Protection Agency confirmed Thursday that it had placed 139 employees on administrative leave after they signed onto a letter criticizing the Trump administration's policies as undermining the agency's "mission of protecting human health and the environment."
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July 03, 2025
FDIC's Consumer Compliance Enforcement Surged In 2024
The Federal Deposit Insurance Corp. hit banks with a surge of consumer protection-related enforcement actions in the final year of the Biden administration, issuing the largest total dollar amount of fines in almost a decade, according to a new report from the agency.
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July 03, 2025
State Telecom Roundup: States Rush To Meet New BEAD Regs
States were allocated their share of the $42.5 billion Broadband Equity, Access, and Deployment Program two years ago. Some states were nearly ready to announce which companies would receive a slice of the funding and exactly how much they would get when President Donald Trump's administration shook things up in early June by rescinding all the awards.
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July 03, 2025
Stewart Drops Mixed Bag Of Discretionary Denial Rulings
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
Expert Analysis
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Opinion
NJ Should Align With Federal Rule On Expert Testimony
The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.
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Recent Reports Shed Light On Section 340B's Effectiveness
Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.
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Opinion
Congress Should Pass IP Reform, Starting With 3 Patent Bills
Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.
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Perspectives
The Reforms Needed To Fight Sexual Abuse By Prison Staff
Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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FCPA Enforcement Is Here To Stay, But It May Look Different
After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.
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Ore. Coinbase Case Charts New Path For State Crypto Suits
Oregon's recent lawsuit against Coinbase serves as a reminder for the crypto industry that not all states will simply defer to the U.S. Securities and Exchange Commission's evolving stance on crypto-assets, highlighting why stakeholders should proactively assess the risks posed by state-level litigation and develop strategies to address distinct challenges, say attorneys at Steptoe.
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AGs Take Up Consumer Protection Mantle Amid CFPB Cuts
State attorneys general are stepping up to fill the enforcement gap as the Trump administration restructures the Consumer Financial Protection Bureau, creating a new regulatory dynamic that companies must closely monitor as oversight shifts toward states, say attorneys at Cozen O’Connor.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Philly Law Initiates New Era Of Worker Protections
A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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5 Open Questions About FDA's AI-Assisted Review Plans
The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.
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Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late
In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court’s jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.