Analysis

Executive Privilege Questions Cloud Congressional Probe Prep

By Phillip Bantz

As corporate leaders brace for the possibility of Democrats retaking control of Congress and launching aggressive investigations into the Trump administration's dealings with a vast array of companies, attorneys say a U.S. Justice Department opinion on executive privilege could complicate the probes.

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Analysis

9/11 Guantánamo Detentions Mirror Mass Deportation Agenda

By Britain Eakin

On the 25th anniversary of the 9/11 attacks, legal experts examine how the Trump administration’s approach to detaining migrants at Guantánamo Bay rises from the same legal structures and rhetoric that allowed the detention of suspected terrorists there.

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11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

By Parker Quinlan

The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

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Zuckerberg Testifies List Of Kid-Glove Users Not A Problem

By Cara Salvatore

Mark Zuckerberg strenuously disputed in testimony seen Thursday by a New Mexico jury that Facebook's internal list of parties whose content receives special treatment undercuts the company's public declarations that policy-violating content must be taken down without exception.

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4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

By Nadia Dreid

The Fourth Circuit on Thursday became the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

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DOJ Says Records Act Chills 'Candid' White House Advice

By Jared Foretek

The Justice Department urged the D.C. Circuit to vacate a lower court's order requiring the White House to comply with the Presidential Records Act, arguing in a new brief that the 1978 statute intrudes on executive power by requiring preservation of a wide range of documents.

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Ed Martin Reprimanded Over Unauthorized FBI Contacts

By Courtney Bublé

Last summer, when Ed Martin was still head of the weaponization working group at the U.S. Department of Justice, he was reprimanded after his team communicated with the FBI without authorization, according to recently released emails.

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OpenAI Faces Senate Probe Into Hugging Face Breach

By Craig Clough

Members of a U.S. Senate Homeland Security & Governmental Affairs subcommittee Wednesday sent letters to OpenAI CEO Sam Altman seeking answers about the company's artificial intelligence models breaching Hugging Face's security. 

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Fla. AG Pushes Liability For Chatbots' Role In Crimes

By Carolina Bolado

Florida's attorney general — who has accused OpenAI of facilitating a deadly mass shooting at Florida State University — is now pushing for legislation that would impose heavy fines, payments to victims and monitorship on tech companies whose artificial intelligence chatbots participate in criminal activity.

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High Court Bars Mo. From Using GOP Map In Midterms

By Katie Buehler

Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms, the U.S. Supreme Court ruled Thursday when it stayed a federal judge's order that would've required state election officials to use the challenged map despite the Missouri Supreme Court deeming it invalid without voter approval.

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1st Circ. Keeps USPS Ballot Mail Rule Blocked For Midterms

By Julie Manganis

The First Circuit on Thursday rejected a request from the U.S. Postal Service to lift a Massachusetts federal judge's order blocking new mail ballot requirements that the appellate court said would create "chaos and widespread disenfranchisement" just weeks before the November midterm elections.

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Feds Sued To Block Armed ICE Agents From Polling Locations

By Gina Kim

Advocacy groups Thursday sued the Trump administration in D.C. federal court to stop the deployment of armed U.S. Immigration and Customs Enforcement agents to polling locations during the midterm elections, arguing the government cannot "cast the pall of federal force over the ballot box" to intimidate voters or disrupt the elections.

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Regulators Expand Examination Cycle For More Banks

By Katryna Perera

Nearly 200 banks may receive some relief from annual regulatory exams under a new interagency rule published Thursday that amends the eligibility requirements for an 18-month on-site examination cycle, instead of 12 months.

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Fed Colluded With Wall Street On New Capital Rules, Suit Says

By Katryna Perera

The Federal Reserve Board and its vice chair for supervision, Michelle Bowman, were sued on Thursday by Wall Street reform group Better Markets Inc., which alleges Bowman secretly met with the heads of Wall Street giants to manipulate the newly proposed U.S. bank capital rules.

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SEC Must Police Some Event Contracts: Citadel Securities

By Aislinn Keely

Citadel Securities told federal derivatives and securities regulators that the U.S. Securities and Exchange Commission should take the lead on oversight of event contracts and other wagers when they're linked to public companies or equities.

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Energy Dept. Sued Again Over 'Blue State' Grant Terminations

By Carolyn Muyskens

The U.S. Department of Energy was hit with another complaint alleging it unlawfully canceled grants destined for states that voted for Kamala Harris in the 2024 presidential election.

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Illinois, Nicor Gas Cut $140M Rate Reduction Deal

By Lauraann Wood

Nicor Gas customers will see less than half of the 14% rate increase Illinois' largest gas utility service had initially sought as part of a rate reduction settlement valued around $140 million, state Attorney General Kwame Raoul announced Wednesday.

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Mich. Tribes, Enviro Groups Challenge Line 5 Tunnel Permits

By Melanie Dorsey

Four Michigan Tribal Nations and four environmental groups on Thursday separately challenged state permits for Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac, seeking to overturn approvals facing renewed scrutiny after a Michigan Supreme Court ruling required broader environmental review of the project.

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DC Circ. Upholds SEC Denial Of Whistleblower Award

By Jessica Corso

The D.C. Circuit ruled Wednesday that a man who tipped off a journalist about a possible foreign bribery scheme is not entitled to a whistleblower award because he waited until a U.S. Securities and Exchange Commission investigation was well under way to present the same information to the agency.

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Judge Finds No Standing To Block Ill. Aid-In-Dying Law

By Celeste Bott

An Illinois federal judge on Thursday refused to block a new law from taking effect that allows patients with terminal illnesses to seek a doctor's assistance in ending their lives, ruling that a challenge brought by disability rights advocates relied on speculative fears rather than imminent legal harm.

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Indiana Justices Probe Timing Of Religious Abortion Suit

By Dan McKay

Indiana justices sharply questioned both sides Thursday as they wrestled with whether the state's religious freedom law can be used to protect the abortion rights of Jewish women, repeatedly asking whether the case had developed enough to warrant a ruling.

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Colo. Judge Asked To Sanction Hospital In Gender Care Suit

By Rachel Konieczny

Transgender adolescent patients of Children's Hospital Colorado urged a state judge on Thursday to sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, arguing that the hospital can't avoid its obligation to provide the care by blaming its providers.

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Analysis

Patent Declaratory Judgment Actions Are Back In Vogue

By Theresa Schliep

Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

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Squires Grants 10 Patent Reviews, Rejects None

By Dani Kass

U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

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Biosimilars Boast Big Savings But Face IP Risks, Report Says

By Theresa Schliep

There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

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Calif. Enacts Laws To Curb Addictive Feeds, AI Risks For Kids

By Dorothy Atkins

California Gov. Gavin Newsom signed more than a dozen kids online safety bills into law Thursday, expanding student data privacy laws while barring social media companies from offering teens personalized accounts with addictive features and requiring artificial intelligence companies to implement guardrails to prevent teen suicide and self-harm.

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SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

By Spencer Brewer

SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

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States Press Court To Block DOT's CDL Data Request

By Jared Foretek

A Virginia federal judge on Thursday questioned the Trump administration's claim that the Federal Motor Carrier Safety Administration's chief counsel wasn't speaking for the agency itself when she told a nationwide commercial driver database operator to either hand over millions of driver files or see its federal funding slashed.

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Feds' Cut To NY Funding In CDL Fight Justified, 2nd Circ. Told

By Linda Chiem

The Trump administration has told the Second Circuit that it's well within its rights to penalize New York by withholding $74 million in highway funds over the state's failure to revoke commercial driver's licenses that were issued to ineligible foreign drivers.

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9th Circ. Seeks Calif. Justices' Input On USAA Rate Bias Row

By Hope Patti

The Ninth Circuit on Thursday sought the California Supreme Court's input on a class action claiming that USAA discriminated against service members, certifying a question about whether the state insurance code prohibits insurers from charging lower-ranking military members who qualify as good drivers more than higher-ranking members who also qualify.

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Roundup

6 Major Insurance Bills On Newsom's Desk In Calif. 

By Eli Flesch

California lawmakers approved significant insurance bills in recent weeks, including legislation designed to establish standards for insurers handling smoke damage claims, increase claims handling transparency, and penalize insurers for untimely payments. Here, Law360 overviews six of the biggest insurance-related bills this session.

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States Drop Suit Over HUD's Fair Housing Funding Changes

By Isaac Monterose

A group of 16 states and the District of Columbia have agreed to drop their California federal court lawsuit accusing the U.S. Department of Housing and Urban Development of wrongfully seeking to cut off funding for fair housing enforcement targeting discrimination based on characteristics such as sexual orientation.

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Blank Rome Atty Ouster Can't Be Appealed, Conn. Panel Rules

By Aaron Keller

The former executive director of a Connecticut public housing authority cannot challenge a judge's revocation of his Blank Rome LLP lawyer's case-specific appearance in a $16.2 million loan dispute, a state appeals court has ruled, finding a trial court decision sidelining the attorney was not a final judgment.

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Mich. Panel Keeps 2 Detroit-Area Candidates Off The Ballot

By Melanie Dorsey

A Michigan appeals court has upheld an order removing two employees of a city outside Detroit from the ballot in the November election, rejecting the city's argument that a charter provision requiring municipal employees to resign before running for elected office violates the First Amendment. 

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DOL Rule Opens Job Services To Outsourcing, Union Says

By Emily Brill

The U.S. Department of Labor misread a Depression-era law when it began allowing private contractors to run a network of public employment offices, a civil servants' union argued in a lawsuit filed Thursday, asking the D.C. federal court to strike down the agency's change in protocol.

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Latest Crypto Bill Draft Updates DeFi Rules But Not Ethics

By Aislinn Keely

Sen. Cynthia Lummis, R-Wyo., on Thursday shared an updated draft of the Clarity Act that tweaked the crypto market structure bill's provisions around decentralized finance but left unaltered ethics language critical to winning Democrat support ahead of next week's cloture vote.

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Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

By Carolyn Muyskens

A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

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Brief

Gig Cos.' Suit Over NYC Tip Law Paused For 2nd Circ. Review

By Benjamin Morse

A New York federal judge has paused a suit by DoorDash and Uber challenging New York City's delivery tipping laws, putting the case on hold while the Second Circuit considers the companies' First Amendment appeal.

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Wash. High Court Takes Up Yakama Nation Fuel Tax Dispute

By Joyce Hanson

The Washington State Supreme Court has granted a Yakama Nation fuel distributor's bid for direct review in a case challenging the state Department of Licensing's attempt to collect on a state fuel tax assessment.

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RJ Reynolds Wants In On Suit Over FDA Vape Review Rule

By Jonathan Capriel

Vape and nicotine pouch subsidiaries owned by Altria and R.J. Reynolds are looking to upend the U.S. Food and Drug Administration's premarket authorization rule, claiming the agency is breaking the law by dragging out product reviews well past the statutory deadline, which delays their goods by years while illegal Chinese products flood the market.

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FERC Chair Maintains Push To Fast-Track Gas Pipeline Work

By Keith Goldberg

Federal Energy Regulatory Commission Chairman Laura Swett on Thursday lauded the agency's efforts to speed up permitting of gas infrastructure, and emphasized that projects that won't have major impacts on pipeline operations or ratepayers shouldn't be subject to unnecessary additional scrutiny.

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DOJ Wants To Quash Apple's Look At Fed Phone-Buying

By Matthew Perlman

The U.S. Department of Justice is asking a New Jersey federal court to overrule an order in the government's monopolization case giving Apple a look at how the Pentagon, CIA, U.S. Department of State and other agencies purchase smartphones and smartwatches.

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24 States Ink Deal With Feds In AmeriCorps Budget Cuts Case

By Rachel Riley

Two dozen states and the District of Columbia have reached a settlement with the Trump administration to stop the federal government from abruptly slashing funding for the national volunteer agency AmeriCorps in the future, the coalition of states announced Thursday.

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Catholic Charity Fights Bid To Toss Funding Cut Suit

By Susan Smiley

A Catholic charity said its opposition to abortion and contraception led Michigan to unconstitutionally terminate its decade-long role as a state-designated service provider for women suffering from substance abuse, and it urged a federal judge to reject the state's request to dismiss a civil rights suit filed by the organization.

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Brief

DOT Launches Task Force To Advance US Space Transport

By Aneeta Mathur-Ashton

The Department of Transportation has launched a Space Policy Administration, Coordination, and Execution task force intended to coordinate space policy activities on behalf of the agency.

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China Aims For Early Rollout Of $30B US Tariff Cut Package

By Dylan Moroses

China and the U.S. are working toward implementing a package of tariff reductions for $30 billion worth of goods that cross the countries' borders, a Chinese official for the Ministry of Commerce said during a press briefing Thursday.

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Canada Mulls Canned Vegetable Import Quota For US, Others

By Jack McLoone

Imports of canned vegetables from the U.S. into Canada may be subject to a broader tariff rate quota after a Canadian tribunal found the American products are among those harming Canada's domestic industry following a surge in such imports in 2025.

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Analysis

Tax Court Nod To Income Approach Props Easement Valuation

By Kat Lucero

The IRS has been adversarial toward taxpayers using what is known as the income approach to value conservation easements, but the method's legitimacy was significantly reinforced by the U.S. Tax Court in a recent decision that endorsed the use of the method to value a Los Angeles-area donated property.

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EU Seeks Input On Aligning VAT Rules With Circular Economy

By Kevin Pinner

The European Union wants to revise the value-added tax system to promote circular business models intended to be more environmentally friendly, the Taxation and Customs Union said Thursday.

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Tax Due On Leased Part Of City Parking, Minn. Court Says

By Sanjay Talwani

The portions of a parking ramp owned by the city of Duluth but leased to a for-profit hotel are subject to property taxation, the Minnesota Tax Court ruled, rejecting an appeal by the city.

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Neb. Tax Board Upholds $1.8M Value Of Apartment Complex

By Michael Nunes

The Nebraska tax commission said a local assessor correctly valued a 48-unit apartment complex at $1.8 million, after rejecting arguments from its owner that the condition of the building and the market for rentals warranted a reduction.

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Pittsburgh Schools Say Commission Can't Decide Tax Suit

By Maria Koklanaris

The Pittsburgh public school district urged a court to reject a bid from the city water utility to toss the district's lawsuit calling the utility's stormwater fees illegal taxes, saying that the motion is based on a mischaracterization that a public utility commission, and not the court, has jurisdiction.

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Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

By Julie Manganis

Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

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Kansas Immigration Tuition Law Can't Overcome Fed. Statute

By Tom Lotshaw

A Kansas federal judge has ruled that a federal statute preempts a two-decade-old Kansas law allowing people without lawful immigration status to pay in-state college tuition rates, granting a push from the Trump administration and Kansas' attorney general to strike it down.

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DHS Aims To End 60-Day Grace Period For Certain Work Visas

By Ganesh Setty

The U.S. Department of Homeland Security floated a new rule Thursday that would eliminate a 60-day grace period for holders of H-1B and certain other employment-based visas to remain in the U.S. if they lose their jobs, citing "administrative burden."

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Ex-Immigration Judge Sues For Retaliatory Termination

By Aneeta Mathur-Ashton

A former immigration judge in California has sued Attorney General Todd Blanche, claiming she was fired after raising concerns about a spring 2025 directive ordering her and her colleagues to grant every motion to change venue filed by Immigration and Customs Enforcement trial attorneys.

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FCC Ordered To Answer Petition In Discounted Ads Fight

By Aneeta Mathur-Ashton

The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

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Network Group Worries FCC Regs Could Hinder AI Growth

By Christopher Cole

A group advocating for networks that power artificial intelligence has voiced concern that the Federal Communications Commission's latest push to restrict foreign equipment could hinder AI's growth.

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FCC Looks At Modernizing Rules For Ultra-Wideband Devices

By Christopher Cole

The Federal Communications Commission could soon modernize its decades-old rules governing ultra-wideband devices, which are used in a wide range of applications including key fobs and ground-penetrating radars in construction work.

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Brief

Senate Panel To Consider Nominee For 3rd FCC Republican

By Christopher Cole

U.S. Sen. Ted Cruz, R-Texas, who chairs the Senate Commerce Committee, announced Thursday that a hearing will be held Sept. 17 for the nomination of Danielle Thumann Severs to the Federal Communications Commission.

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6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

By Sam Reisman

The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

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Cannabis Equipment OK For Tax Break, Colo. Dept. Says

By Sanjay Talwani

Numerous items of equipment used by a company in the cultivation and manufacturing of cannabis products are eligible for Colorado sales and use tax breaks for manufacturing and agricultural operations, the state Department of Revenue said.

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Assessing The Early Days Of Woodcock's SEC Tenure

Since David Woodcock took over the U.S. Securities and Exchange Commission's Division of Enforcement four months ago, the division has pursued a scaled-back caseload centered on fraud and manipulative conduct, largely following the enforcement outlook that emerged under SEC Chairman Paul Atkins, say attorneys at Akerman.

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OpenAI Deal Highlights AI Hiring Risks In PERM Process

The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

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What Bulk-Power Gear Import EO Means For US Energy Cos.

Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

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AI And AML: Rulemakings Lean Into Responsible Innovation

Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

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5 Practice Tips After DOJ's Healthcare Fraud Declination

In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

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Series

Juggling And Unicycling Make Me A Better Lawyer

Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

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ABA Study Shows 20% Of Attys Under Severe Mental Distress

By Tracey Read

About one-fifth of attorneys across the country meet moderate-to-extremely severe symptom thresholds for depression, anxiety and stress, according to the largest-ever study of mental health and well-being in the legal profession.

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2 At DOJ Sued Over Conn. Immigration Court Record Access

By Christine DeRosa

The American Civil Liberties Union Foundation of Connecticut has filed suit in Connecticut federal court challenging the Hartford Immigration Court's refusal to provide access to immigration court records.

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JPMorgan Aided Ex-Atty Kossoff's $18.5M Theft, Trustee Says

By Hailey Konnath

The Chapter 7 trustee representing bankrupt firm Kossoff PLLC on Wednesday sued JPMorgan Chase Bank NA, claiming the bank helped the firm's principal steal at least $18.5 million from clients, and it "should be made to account."

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DOJ Urges High Court To Revisit 9th Circ.'s Bar Of Nev. US Atty

By Madison Arnold

The Justice Department has asked the U.S. Supreme Court to revisit a recent Ninth Circuit ruling disqualifying the Trump administration's top federal prosecutor in Nevada, calling it a decision that imposes "ongoing confusion" in the executive branch.

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Jay-Z Can't Undo Buzbee's Win In Rapper's Defamation Suit

By Y. Peter Kang

A California state appeals court has refused to revive claims that Texas attorney Tony Buzbee defamed and extorted music superstar Jay-Z by roping him into a sexual abuse suit against Sean "Diddy" Combs, saying the case was properly thrown out under California's free speech statute.

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