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Public Policy
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September 16, 2025
Order Halting Ørsted Wind Project Is Valid, Trump Admin Says
The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.
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September 16, 2025
8th Circ. Questions Minn. Contractor Law's Vagueness
The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.
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September 16, 2025
Mass. Board Reduces Tax Value Of Educational Property
A multiuse educational facility was overvalued by a local assessor, the Massachusetts Appellate Tax Board said in a decision released Tuesday, cutting its valuation by about $400,000.
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September 16, 2025
Environmental Groups Say Gov't Won't Share Climate Docs
Environmental groups have told a Massachusetts federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.
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September 16, 2025
Ga. Justices Won't Reinstate DA Willis To Trump Election Case
The Georgia Supreme Court on Tuesday declined to review a lower court's ruling disqualifying Fulton County District Attorney Fani Willis from the 2020 Georgia election interference case against President Donald Trump and his co-defendants.
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September 15, 2025
FTC Dem Urges Justices Not To Disturb Her Reinstatement
U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.
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September 15, 2025
W.Va., Idaho Tell Justices Trans Sports Bans Based On Science
West Virginia and Idaho urged the U.S. Supreme Court to rule that courts should not use subjective preferences when analyzing whether laws that ban transgender athletes from competing on sports teams different from their sex assigned at birth violate the Constitution.
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September 15, 2025
Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit
A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.
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September 15, 2025
FAA, SpaceX Get Early Win In Starship Enviro Review Suit
A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.
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September 15, 2025
California Judge Denies Smoke Shops' Bid To Halt Fresno Law
The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.
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September 15, 2025
Ousted Public Defender's Bias Suit Meets Skeptical Judge
A Connecticut judge on Monday seemed skeptical of a former chief state public defender's challenge to her ouster, questioning whether the lawyer could support her claim that the Public Defender Services Commission should have called live witnesses to testify during an administrative hearing that led to her termination.
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September 15, 2025
FTC Commissioner Says Antitrust Moment Has Been Building
Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.
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September 15, 2025
Chancery OKs Public Access To Some SpaceX Suit Docs
Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.
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September 15, 2025
Mich. Says HHS Can't Justify $195M Medicaid Clawback
The state of Michigan urged a federal judge to find that the U.S. Department of Health and Human Services cannot catch a payday for its yearslong delay in affirming a decision to disallow $195 million in Medicaid payments to two state-operated psychiatric hospitals, arguing that the delay runs afoul of federal law and the department's own policies.
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September 15, 2025
Mont. County Asks To Nix Or Pause Tribe's Voting Rights Suit
An Indigenous tribe can't sue Chouteau County, Montana, under the Voting Rights Act because the act protects individual rights, not sovereign or collective rights as the tribe asserts in its lawsuit, the county tells a federal court in bids to toss or pause the suit.
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September 15, 2025
Mich. AG Asks To Move Argument Dates As Shutdown Looms
The Michigan Attorney General's Office has asked for a rain check on upcoming oral arguments at the state Supreme Court in light of a possible state government shutdown at the end of the month.
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September 15, 2025
Wash. Justice Yu To Retire After 25 Years On State Bench
Washington State Supreme Court Justice Mary I. Yu has announced she'll step down at the end of 2025 after a dozen years on the court and nearly a quarter-century on the state bench.
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September 15, 2025
Sports Betting Co. Accuses CFTC Of Blocking Its Registration
Sports betting app Sleeper Markets LLC has accused the Commodity Futures Trading Commission of an "illegal delay" of its bid to become a registered futures commission merchant, calling on the agency's internal watchdog to investigate the status of its application and the "broader potential illegality this incident strongly suggests may be occurring."
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September 15, 2025
Senate Confirms Top Trump Economist To Federal Reserve
The U.S. Senate narrowly confirmed top White House economist Stephen Miran to the Federal Reserve Board on Monday, giving President Donald Trump a close ally at the central bank as he pushes for greater control over the traditionally independent body.
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September 15, 2025
Stewart Says New Policies Seek Fairness For Patent Owners
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Monday the numerous changes to patent reviews she has implemented are intended to provide "more balance and fairness" for patent owners, and bring the reviews "back to how they were originally intended."
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September 15, 2025
FCC Says No To Lifeline Co. Coming Under New Management
The Federal Communications Commission is telling a Georgia-based Lifeline-only service provider that it will not be allowed to continue to participate in the federal subsidy program if it goes through with a merger that will see it picked up by Insight Mobile.
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September 15, 2025
NLRB Fights NY Law That Grew State Labor Agency's Power
The National Labor Relations Board is fighting the state of New York's decision to expand its Public Employment Review Board's powers, accusing the state in a new lawsuit of trying to turn its labor agency into a miniature NLRB while the federal agency lacks a quorum.
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September 15, 2025
Trump Once More Floats The End Of The Quarterly Report
President Donald Trump has again suggested that publicly traded companies be allowed to issue financial reports twice a year instead of quarterly, reigniting a debate that stalled during his prior term in office when the U.S. Securities and Exchange Commission did not pursue such rulemaking.
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September 15, 2025
Trump Admin. Defends Biden-Era Rule Limiting Asylum
The U.S. Department of Justice has taken up the mantle of a Biden-era regulation that curtailed the availability of asylum at the southern border, telling a D.C. federal judge that the policy was well within the executive branch's authority.
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September 15, 2025
Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas
Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."
Expert Analysis
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
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Cos. Face Convergence Of Anti-Terrorism Act, FCPA Risks
Recent moves by the U.S. Department of Justice to classify cartels and transnational criminal organizations as terrorist groups, and to use a range of statutes including the Foreign Corrupt Practices Act to pursue these types of targets, mean that companies operating in certain jurisdictions are now subject to overlapping exposure, say attorneys at Miller & Chevalier.
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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Biotech Collaborations Can Ease Uncertainty Amid FDA Shift
As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.