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Public Policy
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September 09, 2025
Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions
California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.
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September 09, 2025
IRS Ordered To Notify Court Of ICE Info-Sharing Requests
A D.C. federal judge in a series of orders Friday and Tuesday said the IRS must notify the court within 24 hours of receiving a request from immigration authorities for taxpayer information and hand over administrative records while the court considers a request to stop the intergovernmental data sharing.
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September 09, 2025
DC Says Crypto ATM Operator Profits Off Senior Scams
Athena Bitcoin, one of the country's largest operators of so-called bitcoin automated teller machines, has been sued by the D.C. attorney general for allegedly charging undisclosed fees on deposits it knew were often the result of scams, for failing to implement adequate anti-fraud measures, and for refusing to refund scam victims.
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September 09, 2025
MAHA Report Calls For Increased Scrutiny Of Drug Advertising
The Trump administration on Tuesday pledged to ramp up federal oversight of drug advertising, update dietary guidelines and slash unnecessary regulations as part of its strategy to boost the health of America's children and curb the rise in childhood chronic disease.
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September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides
Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.
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September 09, 2025
SEC Sued To Lift Private Market Investment Cap
A U.S. Securities and Exchange Commission regulation that prohibits individuals making less than $200,000 a year from investing in the private markets is unconstitutionally discriminatory, according to a lawsuit launched against the agency in Texas federal court.
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September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US
Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
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September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law
The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.
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September 09, 2025
Norfolk Southern Inks Deal With DOJ Over Amtrak Delays
Norfolk Southern Corp. has agreed to give Amtrak passenger trains priority over freight trains under a deal with the federal government that would close out a case stemming from widespread delays on Amtrak's New York City to New Orleans route, the U.S. Department of Justice said Tuesday.
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September 09, 2025
FinCEN Chief Signals Slimmer Bank Reporting On The Way
A top U.S. financial crime watchdog told lawmakers Tuesday that federal officials could soon move to narrow transaction reporting requirements for financial institutions as part of a broader effort to ease anti-money laundering compliance burdens for industry.
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September 09, 2025
Littleton Says Proposed City Amendment Violates State Law
The city of Littleton, Colorado, is challenging the legality of a proposed amendment for the 2025 election aiming to restrict changes to residential zoning for areas currently designated for single-family properties.
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September 09, 2025
Mass. Lawmakers Pitch Local Real Estate Transfer Taxes
Massachusetts cities would have the option of levying fees on real estate transfers worth more than $1 million to help fund affordable housing efforts under legislation pitched Tuesday to a joint House-Senate panel.
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September 09, 2025
Senate Confirms Florida And Missouri Judges
The U.S. Senate confirmed two judges Tuesday, one for Florida and the other for Missouri.
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September 09, 2025
Public Safety Officials Share Needs For NextGen 911
Emergency response officials testified on Tuesday about what is needed to fully deploy Next Generation 911 nationwide, which primarily includes sufficient funding.
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September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator
The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
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September 09, 2025
11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit
Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."
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September 09, 2025
Full 11th Circ. Backs Health Plan's Gender Care Exclusions
The Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.
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September 09, 2025
Lutnick Picks Ex-DOJ, TM Leaders To Advise USPTO
U.S. Secretary of Commerce Howard W. Lutnick has appointed high-profile members to the U.S. Patent and Trademark Office's public advisory committees, nearly six months after clearing them out.
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September 09, 2025
Roberts Pauses Foreign Aid Distribution For Now
Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution.
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September 09, 2025
Meghan Markle's Sister Asks For Revival Of Defamation Suit
An attorney for Meghan Markle's half-sister urged the Eleventh Circuit on Tuesday to revive her defamation claims against the duchess, arguing that while individual remarks made during an Oprah Winfrey interview and a Netflix documentary series were not actionable, together they amounted to a smear campaign.
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September 09, 2025
Post-Chevron, DC Circ. Again Backs FERC Solar Ruling
The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of the so-called Chevron deference.
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September 09, 2025
DA Willis, Lawmakers Cite Novel Fight In Constitutional Clash
A Georgia Senate committee investigating Fulton County District Attorney Fani Willis over her prosecution of President Donald Trump and others in an election interference case and Willis stressed to the state Supreme Court the novel nature of their dispute over a subpoena ordering her to testify, while they took competing sides on the constitutional issues at stake.
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September 09, 2025
Justices Grant Fast-Track Review For Trump Tariff Suit
The U.S. Supreme Court will fast-track its consideration of the government's appeal of a Federal Circuit ruling that President Donald Trump's tariffs under the International Emergency Economic Powers Act are unlawful, according to a Tuesday order.
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September 09, 2025
Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon
The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.
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September 09, 2025
NY AG James Hires Munger Tolles For Federal Probes
New York Attorney General Letitia James recently retained top attorneys at Munger Tolles & Olson LLP amid ongoing federal investigations related to her office's past cases against the Trump Organization and the National Rifle Association.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.