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Public Policy
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September 23, 2025
Banks Urge SEC To Hold Crypto Custody To Same Standards
Financial services trade groups have cautioned the U.S. Securities and Exchange Commission against broadly permitting investment advisers and state-chartered trust companies to safeguard customer's cryptocurrency assets, urging the agency to maintain equal standards for all financial custodians amid planned crypto rulemaking.
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September 23, 2025
NC Legislature Passes Bill To Eliminate Cashless Bail
In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.
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September 23, 2025
FCC Demands Boomerang, Others Repay $1.1M For Contracts
The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.
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September 23, 2025
CFTC Seeks Feedback On The Use Of Crypto Collateral
The U.S. Commodity Futures Trading Commission launched an initiative on Tuesday to enable the use of certain crypto assets as collateral in derivatives markets, soliciting industry suggestions on potential pilot programs, amendments to regulations and relevant issues.
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September 23, 2025
Hedge Funds Call For CFTC To End Dual Registration
A group representing the hedge fund industry is calling on the U.S. Commodity Futures Trading Commission to drop the need for industry participants to submit to agency oversight in cases where fund managers are already registered with the U.S. Securities and Exchange Commission, calling the dual registration requirement "costly" and "inefficient."
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September 23, 2025
CFPB Frees Apple, US Bank From Biden-Era Consent Orders
The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.
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September 23, 2025
New Illinois Law Opens The Door To More Toxic Tort Litigation
A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.
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September 23, 2025
ACLU Says ICE Won't Provide Records On Colo. Expansion
The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.
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September 23, 2025
Professor Says New West Point Policy Stifles Free Speech
The longest-serving law professor at West Point has accused the school of violating the free speech rights of its civilian instructors with a new policy that requires professors to obtain permission before participating in or publishing papers tied to their position at the school.
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September 23, 2025
Alaska Tribe Fights State's Bid To Revive Gaming Case
An Alaskan Native Village is fighting a request by the state to reopen a dispute that rejected the tribe's bid to secure the right to open a bingo hall, telling a D.C. federal court there's nothing to enforce in the matter.
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September 23, 2025
Enviro Orgs. Ask 5th Circ. To Review Delfin LNG Project License
Environmental groups on Monday asked the Fifth Circuit to find that the U.S. Department of Transportation violated federal law when it issued a license for the construction and operation of the Delfin LNG LLC deepwater liquefied natural gas project.
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September 23, 2025
11th Circ. Affirms Toss Of Ga. Strip Club's Ordinance Suit
The Eleventh Circuit on Tuesday upheld the dismissal of a lawsuit filed by Atlanta-area strip club Follies against the city of Chamblee, alleging the city passed a series of unconstitutional ordinances related to the sale of alcohol at adult establishments that forced it to close its doors.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
Trump Tariffs Are Constitutional, President's Allies Tell Justices
Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.
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September 23, 2025
Tribe Fights Mont. County's Bid To Delay Voting Rights Case
An Indigenous tribe is fighting a county's bid to pause its voting rights lawsuit in Montana federal court, arguing that a dilutive map illegally supports an "at large" election system that has resulted in a failure to meet the needs of tribal citizens.
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September 23, 2025
Ex-Provost Says UNC Hired Belichick After Unlawful Meeting
A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.
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September 23, 2025
Cannabis Cos. To Pay $400K In Deal Over Sleep Aid Product
The companies behind the 1906 brand of cannabis products have agreed to halt all sales in Colorado and pay $400,000 to the state in order to end an investigation into allegations that they sold a marijuana-based sleep-aid product, "Midnight Drops," that might have caused liver problems.
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September 23, 2025
Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.
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September 23, 2025
$6.6M IRS Civil Fraud Penalty Ruled Constitutional
A Pennsylvania federal judge upheld a $6.6 million civil fraud tax penalty against an insurance broker over its captive deductions, ruling Tuesday that the Internal Revenue Service's assessment of the penalty without a jury trial was constitutional.
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September 23, 2025
Watchdog Calls For DC, Md. Bar Investigations Into Carr
A government accountability watchdog brought a complaint against Federal Communications Chair Brendan Carr to the D.C. Bar Association on Tuesday, claiming Carr violated conduct rules when he threatened to bring FCC action against ABC if it declined to discipline Jimmy Kimmel over his remarks following Charlie Kirk's murder.
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September 23, 2025
NC Sens. Vote To Cut Planned Parenthood's Medicaid Funds
Republican state senators in North Carolina have greenlit a bill that would revoke Medicaid funding for Planned Parenthood, aligning the Tar Heel state with the president's "One Big Beautiful Bill," which prohibits Medicaid funding for nonprofit groups that provide abortion services.
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September 23, 2025
Religious Orgs Ask DC Circ. To Revive Bid To Block ICE Raids
Christian and Jewish religious organizations urged the D.C. Circuit to vacate a denial of their preliminary injunction request to stop immigration raids on places of worship, arguing Monday their injuries caused by attendance drops are traceable to the "unprecedented assault on their religious exercise" by the Department of Homeland Security.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
FERC Urges Justices To Let Grid Incentive Ruling Stand
The Federal Energy Regulatory Commission urged the U.S. Supreme Court not to disturb its revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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September 23, 2025
Feds Illegally Denying Immigrant Bond Hearings, Suit Says
The Trump administration is deliberately misclassifying immigrants marked for removal proceedings in an effort to illegally skirt their right to a bond hearing, according to a proposed class action filed Tuesday in Massachusetts federal court.
Expert Analysis
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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A Look At 2 Reinvigorated DOL Compliance Programs
As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.
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Opinion
Congress Must Resolve PSLRA Issue For Section 11 Litigants
By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.