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Public Policy
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September 12, 2025
8th Circ. Pauses Challenges To Abandoned Climate Regs
The Eighth Circuit on Friday said it would wait to rule on challenges to Biden-era climate disclosure rules that the U.S. Securities and Exchange Commission has said it will no longer defend, giving the regulator time to decide what it wants to do with the rules.
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September 12, 2025
AbbVie Can't Halt Miss. Discount Drug Law, 5th Circ. Says
AbbVie and other pharmaceutical manufacturers that participate in Medicaid cannot preliminarily block a Mississippi law barring their interference with the distribution of discounted prescriptions to pharmacies serving low-income patients, the Fifth Circuit ruled Friday, saying the drugmakers haven't shown that the statute likely effectuates a taking of their property.
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September 12, 2025
Calif. Sends Groundbreaking Data Use Opt-Out, AI Bills To Gov.
The California Legislature has approved several cutting-edge measures to boost online data privacy and safety protections for consumers, including proposals that would require browser operators such as Apple and Google to enable users to easily stop the sale and sharing of their personal data across websites and push AI-powered "companion" chatbot providers to implement safeguards.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
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September 12, 2025
Stewart Issues New Slate Of Discretionary Denials
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.
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September 12, 2025
FCC Faulted For Changes In Broadband Inquiry's Scope
By no longer measuring factors like broadband affordability, the Federal Communications Commission has unacceptably trimmed its yearly look at the state of deployment, just like the old vaudeville joke about "blue plate specials" devoid of food, an advocacy group said.
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September 12, 2025
Broadband Company Wants To Give Another Its Rural Funds
A Texas-based company that was set to receive Rural Digital Opportunity Fund money to service a couple of hundred locations in Wyoming is asking the FCC's permission to transfer that obligation — and the funds that go along with it — to a different company.
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September 12, 2025
Targeting 'Bad Labs' Based Only On Location Called Bad Idea
Several top telecom trade groups have come together to tell the FCC that its plan to ban Chinese test labs and certification bodies from being used on devices destined for the United States will cost a lot and cause much disruption, "without delivering commensurate security benefits."
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September 12, 2025
Cannabis Brokers Sue Over $250K In Unpaid Commissions
Two brokerage companies claim they were never paid his commission for helping guide two deals worth roughly $1.7 million involving the purchase of Los Angeles cannabis permits, according to a California state lawsuit seeking compensation from the cannabis entrepreneurs and their companies.
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September 12, 2025
Regulators Seize $86M Of Chinese-Made Vapes In Chicago
Federal regulators seized $86.5 million in illicit vape products at a Chicago port of entry during a joint operation, according to an announcement claiming the haul is the largest single confiscation of e-cigarette products of this kind and is part of the government's "aggressive" crackdown against youth vaping and "foreign actors."
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September 12, 2025
New Guidance Hacks Away At Immigration Judges' Powers
A steady stream of Board of Immigration Appeals decisions and Executive Office for Immigration Review memos, capped by recent guidance on handling constitutional claims, shows a Trump administration reining in immigration judges overseeing removal cases.
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September 12, 2025
4th Circ. Rules NC Felons' Voting Ban Is Unconstitutional
The Fourth Circuit affirmed Friday that a 19th-century North Carolina law making it a crime for convicted felons to vote — even if they believed they were eligible — unconstitutionally targets Black voters and was not mooted by a 2024 amendment to the law.
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September 12, 2025
9th Circ. Orders Feds To Restore Refugee Agency Agreements
The Ninth Circuit ordered the federal government to reinstate cooperative agreements with refugee resettlement agencies on Friday, saying President Donald Trump likely acted lawfully when suspending U.S. refugee admissions in January, but his administration must still provide legally mandated services to those who have already arrived.
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September 12, 2025
DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight
The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.
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September 12, 2025
Amazon Says FTC Can't Subpoena Corporation For Prime Trial
Amazon has told a Seattle federal judge that the Federal Trade Commission can't subpoena the company itself for a testimony at an upcoming trial over allegations that it tricked customers into Prime subscriptions and prevented them from undoing their membership, arguing subpoenas that do not name individuals "skirt the rules."
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September 12, 2025
Builders Urge 11th Circ. To Block Biden's EO Labor Mandate
An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry.
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September 12, 2025
Mich. AG's Loss Spells Trouble For Other Fake Elector Cases
The dismissal of charges against Michigan Republicans who participated in the so-called fake elector plot after the 2020 presidential election shows that establishing intent could be a hurdle for prosecutors as they pursue similar cases in other states, legal experts said.
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September 12, 2025
Fla. Ex-Atty Banned From Pro Se Suits To Win Back House
The Florida Supreme Court has sanctioned a disbarred Tampa tax attorney and banned her from filing any more pro se complaints related to efforts to regain her house, which was taken away by court order more than eight years ago.
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September 12, 2025
Feds Back Chevron And Exxon In High Court Pollution Case
The Trump administration has backed Chevron and Exxon's U.S. Supreme Court bid to overturn a ruling that Louisiana courts should hear pollution lawsuits stemming from the companies' World War II-era oil production, saying their work clearly puts the litigation in federal court.
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September 12, 2025
Immigration Case Dismissal Policy Stayed In 2 NYC Boroughs
A New York federal judge on Friday ruled that immigration judges in Manhattan and the Bronx cannot, for now, summarily grant the government's oral motions to dismiss removal cases pursuant to a challenged policy, but refused to suspend immigration courthouse arrests.
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September 12, 2025
Ga. Jail Medical Provider Ignored Sheriff's Abuse, Suit Says
A man who successfully brought an excessive force claim against former Clayton County Sheriff Victor Hill for strapping him in a chair for so long his wrists became scarred has now filed a Georgia federal suit against a jail medical provider, its director and two people he called "Hill's designated enforcers."
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September 12, 2025
FCC Refuses To Revisit Denial Of 105 Low-Power FM Stations
After denying more than 100 applications for new low-power FM radio stations across the South, the Federal Communications Commission says it's not going back on the decision.
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September 12, 2025
States, Tribes Say New Policy Warrants Ore. Dam Case Restart
An Oregon federal judge granted a joint motion by two states, environmental groups and tribes to lift a five-year stay in a lawsuit over Columbia River Basin dams' hydropower practices and attempts to restore fisheries, following a Trump administration memo revoking a basin agreement.
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September 12, 2025
Coinbase Suggests SEC Sanctions Over Lost Gensler Texts
Crypto exchange Coinbase is calling for possible sanctions against the U.S. Securities and Exchange Commission following recent revelations that the agency inadvertently deleted a year's worth of text messages sent and received by former Chair Gary Gensler.
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September 12, 2025
Wash. Panel Skeptical Of AG Doc Bid In Church Abuse Case
A Washington appellate panel expressed doubt on Friday that the state attorney general could issue a sweeping subpoena to the Catholic Church in search of charitable trust funds potentially spent concealing child abuse, with one judge quipping the church's books will not have a "line item" for such expenditures.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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2 Approaches To Atty Ethics Liability For Agentic AI Errors
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.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.