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Public Policy
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September 15, 2025
Robinhood Seeks Legal Shield After Mass. AG Sues KalshiEX
Days after Massachusetts' attorney general sued so-called prediction market operator KalshiEX, accusing it of running an unlicensed sports betting platform, Robinhood, which provides access to the Kalshi system on its own platform, urged a federal judge Monday to grant it protection from similar claims.
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September 15, 2025
Judge Says Key DOJ Ad Tech Expert Has Little Experience
A Virginia federal judge signaled trouble ahead Monday for U.S. Department of Justice efforts to paint the sought breakup of Google's advertising placement technology business as technically feasible, asserting during a hearing that a key government witness appears to have little relevant experience to address the question.
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September 15, 2025
Feds Push For 10th Circ. Rehearing In Native Activist Case
Prosecutors have asked the entire Tenth Circuit to reconsider whether a Native American activist could be convicted in federal court on a charge of simple assault in a case originally involving more serious charges, after a panel overturned the conviction by holding district courts lack jurisdiction over these lesser charges.
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September 15, 2025
Town Not Liable For HSA Payments, Conn. Justices Told
Five retired Groton, Connecticut, police officers are not entitled to receive payments into their health savings accounts to offset their deductibles because that benefit is only available to active employees, the town told the Connecticut Supreme Court on Monday as it seeks to avoid a $36,000 judgment.
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September 15, 2025
Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed
Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.
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September 15, 2025
Calif. Legislators OK Requiring Oversight Of Workplace AI
The California Senate has approved a bill that would restrict how employers can use tools powered by artificial intelligence to make employment decisions, sending the legislation to Gov. Gavin Newsom's desk despite opposition from business groups.
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September 15, 2025
Fears Mounting For Noncitizens Suing Over Ghana Removals
Attorneys for noncitizens trying to prevent their removal to countries where immigration judges have ruled they may be tortured said Monday they have lost internet contact with their clients in Ghana, where the U.S. allegedly sent them en route to their home countries.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
RI Opens Applications For Adult-Use Cannabis Licenses
Rhode Island cannabis regulators on Friday opened applications for new cannabis retail licenses, signaling a significant step in the expansion of the state's recreational marijuana market following the state's legalization of the drug for adult use more than three years ago.
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September 15, 2025
Virginia Tribe's Fed. Recognition Bill Reintroduced In Congress
U.S. House Rep. Jen Kiggans has introduced legislation that would give federal recognition to Virginia's Cheroenhaka (Nottoway) Indian Tribe, saying the bill marks an important step in honoring its centurieslong history and ensuring access to the federal programs and services it deserves.
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September 15, 2025
Lifeline Providers Hope For Increased Federal Subsidy
Providers of the federal Lifeline phone subsidy are pressing to raise the monthly reimbursement to $30 as part of changes potentially sought by a congressional working group on universal service.
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September 15, 2025
US, China Agree On TikTok Ownership Transfer, Bessent Says
The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.
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September 15, 2025
Feds Urge 3rd Circ. To Restore NJ US Atty's Authority
The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.
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September 15, 2025
S. Korea Ditches Plan To Widen Gains Tax On Stock Transfers
South Korea's government is abandoning plans to lower a threshold for its capital gains tax on stock transfers, which would have made more shareholders liable, after receiving negative feedback from markets, the country's finance ministry said Monday.
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September 15, 2025
USPTO Regional Director Joins Holland & Hart In Denver
The U.S. Patent and Trademark Office's former regional director in the Rocky Mountains has joined Holland & Hart LLP as of counsel, the firm announced Monday.
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September 15, 2025
EPA Backs Off Drinking Water Regs For 4 PFAS
The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.
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September 15, 2025
Ford Battery Factory Challenge Reignited By Mich. Justices
The Michigan Supreme Court has revived a challenge to Ford Motor Co.'s plans to build an electric vehicle battery plant in Calhoun County, vacating a lower appellate ruling that affirmed the case's dismissal in light of another state top court opinion over similar zoning authority issues.
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September 15, 2025
FCC Knocks Provider Off Anti-Robocall Database For Lying
Yet another voice service provider has been blocked from U.S. networks after the Federal Communications Commission said that the company submitted false information to the agency's robocall mitigation database.
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September 15, 2025
NJ AG Names New Leader Of Public Integrity Office
New Jersey Attorney General Matthew Platkin announced Monday that he has appointed a longtime prosecutor with a track record of handling high-profile corruption cases to lead the state Office of Public Integrity and Accountability.
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September 15, 2025
9th Circ. Says Ore. Water Rights Case Is Still Relevant
The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.
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September 15, 2025
Former Nuclear Commission GC Joins Morgan Lewis In DC
The former general counsel of the U.S. Nuclear Regulatory Commission, who spent nearly her entire career there in roles at the intersection of nuclear law and policy, has joined Morgan Lewis & Bockius LLP's Washington, D.C., office, the firm said Monday.
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September 15, 2025
Ohio Says Browns' Stadium Suit Is Moot After Law Change
The state of Ohio told a federal court a Cleveland Browns lawsuit accusing the city of thwarting its move to a suburb is now moot because the state has altered the law at the center of the debate and allocated $600 million from the state budget for its relocation.
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September 15, 2025
Ex-Epstein Prosecutor Maurene Comey Sues DOJ Over Firing
Maurene Comey, a former Manhattan federal prosecutor who brought high-profile criminal cases against the likes of Jeffrey Epstein and Sean "Diddy" Combs, sued the Justice Department on Monday alleging her abrupt July firing came "solely or substantially" because she is the daughter of former FBI Director James Comey, a Trump critic.
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September 15, 2025
RI Court Halts Political Criteria In $75M Homelessness Grant
A Rhode Island federal judge granted a temporary restraining order directing the U.S. Department of Housing and Urban Development to disburse grants through a $75 million program to combat homelessness after groups complained the Trump administration sought to impose new barriers to winning funding.
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September 14, 2025
Fed's Cook Defends Reinstatement As Trump Pushes For Stay
Federal Reserve Gov. Lisa Cook squared off with the Trump administration over the weekend as the D.C. Circuit mulls whether to keep in place a lower-court hold on President Donald Trump's effort to fire her ahead of a key interest-rate policy vote this coming week.
Expert Analysis
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.