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Public Policy
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August 05, 2025
Tenn. Executes Man With Intellectual Disability For 3 Murders
Tennessee on Tuesday executed Byron Black, who the state conceded had an intellectual disability and should have been removed from death row, for a 1988 triple murder.
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August 05, 2025
Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint
The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.
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August 05, 2025
Utah Judge Blocks 'Bad Faith' Prosecution Of Psilocybin Church
A Utah federal judge has blocked a state court prosecution of the leader of a church that uses psilocybin in its sacrament, finding the prosecution was initiated in bad faith to harass the church and its members following a ruling against the state in the federal case.
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August 05, 2025
Korean War Vet's Widow Sues Feds For Wrongful Death
The widow of a Korean War veteran has sued the federal government, alleging that staff at Georgia's Carl Vinson VA Medical Center caused her husband's death by failing to care for him properly while he was a patient at its community living center.
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August 05, 2025
Meet FDA Chief Counsel Sean Keveney
The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions
A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping,聽arguing that federal law does not forbid the practice and citing聽the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
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August 05, 2025
ICE Temporarily Barred From Deporting Phoenix Mother
An Arizona federal judge temporarily barred the Trump administration from deporting a 38-year-old Phoenix woman who is a mother of three U.S. citizen children after immigration officials put her in expedited removal proceedings under a purported new policy, despite her claim of living in the U.S. for 30 years.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Ex-Officer Says LAPD Withheld Info In Military Leave Bias Suit
A former Los Angeles Police Department officer claiming he was passed over for a promotion because of his military status said he has not received the records he requested containing information about similarly situated employees.聽
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August 05, 2025
Property Co. Backs Calif. Tribe In $700M Casino Row
A property owner has urged a D.C. federal judge in an amicus brief to grant the Scotts Valley Band of Pomo Indians' quick win bid in the tribe's suit accusing the federal government of wrongfully blocking the tribe's $700 million casino project in Vallejo, California.
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August 05, 2025
NY Loses Bid To Move Climate Superfund Suit Upstate
The federal government's lawsuit challenging New York's climate change Superfund law will proceed in the New York City court where it was filed, rather than in a judicial district closer to the state capitol as the state had requested, a judge said.
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August 05, 2025
Fla. Biz Won't Sell Knockoff Weight Loss Drugs After AG Deal
A string of Florida companies and their owner have agreed to stop selling what Connecticut authorities called "bootleg" GLP-1 weight loss drugs nationwide and enter into a $300,000 settlement, records in a consumer protection enforcement action show.
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August 05, 2025
Swiss President Hustles To DC To Address 39% Tariff
Swiss President Karin Keller-Sutter traveled Tuesday to Washington, D.C., for trade talks with the White House after Switzerland was hit with a 39% tariff on exports to the United States.
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August 05, 2025
Approach The Bench: Justice Wecht On Judicial Campaigns
If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.
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August 05, 2025
Medicaid Cuts May Worsen Incarceration-Linked Death Risks
A new public health investigation reveals an association between incarceration and elevated risk of early聽death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.
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August 04, 2025
Michigan Tribe Joins State Cannabis Market
Michigan has signed its first tribal-state compact with the Bay Mills Indian Community, which will give the federally recognized tribe the ability to sell cannabis goods within the state's borders.
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August 04, 2025
FCC Told States, Cities To Blame For Broadband Delays
A trade association representing the global broadband industry told the Federal Communications Commission that state and local practice vary widely when it comes to broadband permitting, with some approvals taking more than a year and fees and bureaucratic delays being a frequent issue.
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August 04, 2025
Kalshi Incurs 1st Loss In Quest To Avoid State Scrutiny
A Maryland federal judge won't bar the state's gaming regulators from taking action over Kalshi's sports event contracts for the time being, finding the trading platform hasn't shown that Congress specifically intended to preempt state gambling laws when it passed federal derivatives regulation.
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August 04, 2025
CIA Officers Press 4th Circ. To Uphold Bar On DEIA Firings
A group of intelligence officers urged the Fourth Circuit on Friday to affirm a federal judge's order blocking the Trump administration from terminating them for their involvement with diversity, equity, inclusion and accessibility-related assignments in the CIA and Office of the Director of National Intelligence.
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August 04, 2025
California Egg Farmers Join Defense Of Animal Welfare Laws
The Association of California Egg Farmers and several animal rights groups seek to join the Golden State's defense of animal welfare laws being challenged by the federal government.
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August 04, 2025
5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap
A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.
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August 04, 2025
UT Austin Denies Threatening Prof Who Criticized Leaders
The University of Texas at Austin denied threatening a professor who publicly criticized its leadership, telling the Fifth Circuit that its employee has remained on staff three years after his speech was allegedly chilled and "refuses to take 'yes' for an answer."
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August 04, 2025
DOJ Investigates FlixBus, Greyhound Over ADA Complaints
Greyhound and Flixbus are being investigated by the U.S. Department of Justice over allegations that they are discriminating against riders with disabilities by denying them reasonable accommodations, including failing to properly maintain lifts on buses, not helping riders use the lifts and refusing to allow service animals to be with riders.聽
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August 04, 2025
Frontier, Verizon To Invest $8M In Rural Arizona Broadband Fix
Arizona is waiting for its corporation commission to green-light a settlement with Frontier and Verizon that includes an $8 million investment from the telecommunications companies to expand and enhance rural broadband in Navajo and Apache counties.
Expert Analysis
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at聽Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act鈥檚 avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court鈥檚 decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.