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Public Policy
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September 22, 2025
Conn. Board Seeks To Cement Win Over Tax Atty's Firing
The Connecticut Employees' Review Board has asked an appellate court not to rehear a fired tax attorney's unsuccessful appeal en banc, arguing that she has failed to show any fatal flaws in a three-judge panel's decision against her.
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September 22, 2025
DOJ Presses For 30-Year Sentence In Attempt On Kavanaugh
The government wants a defendant to spend at least 30 years in prison for attempting to kill U.S. Supreme Court Justice Brett Kavanaugh, while defense counsel is seeking an eight-year sentence.
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September 22, 2025
DOJ Fights Dismissal Bid In NY ICE Courthouse Arrests Case
The Trump administration has doubled down on its challenge to a New York law that blocks immigration officials from making arrests near state courthouses, saying the law poses "intolerable obstacles" to immigration enforcement and must be swept aside.
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September 22, 2025
Novant Escapes Black Ex-Lab Worker's Race Bias Suit
A North Carolina federal judge tossed a Black lab supervisor's suit claiming hospital system Novant Health cut ties with her because she complained that a cartoon shared at work was racist, saying she hadn't done enough to show the company was motivated by prejudice.
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September 22, 2025
Mich. Panel Reaffirms 3M's Win In Challenge To PFAS Rules
A Michigan appellate panel has again upheld a court decision invalidating Michigan's limits on PFAS chemicals in tap water, finding that 3M Co. may challenge the rules in court without first lodging an administrative complaint with the state's environmental agency.
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September 22, 2025
Cuellar Bribery Indictment Survives Despite Speech Defense
A Texas federal judge has rejected a bid from U.S. Rep. Henry Cuellar, D-Texas, to escape bribery charges on the grounds that he is immune from prosecution under the Constitution's speech or debate clause, saying the government has alleged misconduct that is not shielded through a relationship to official legislative acts.
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September 22, 2025
Fla. Marketer Gets 57 Months For $11.5M Medicare Fraud
A Florida marketer received nearly five years in prison after admitting in Florida federal court to his role in a scheme to defraud the U.S. out of $11.5 million by convincing Medicare beneficiaries to take genetic screen tests that were not medically necessary.
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September 22, 2025
Boston Activist Admits Defrauding Donors, Gov't
A Boston anti-violence activist once hailed as a rising civic leader admitted Monday in a federal courtroom to using thousands of dollars in donations and grants to her nonprofit for personal expenses like meals and travel, defrauding a pandemic-era unemployment program, and other charges.
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September 22, 2025
High Court Allows FTC Firing, Will Review Trump's Power
The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.
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September 22, 2025
RealPage Settles Nevada's Rent Pricing Software Claims
RealPage has reached a settlement with the state of Nevada over concerns about the use of its revenue management software by rental housing owners, with the company admitting to no wrongdoing but agreeing to put limits on its use of nonpublic data in the state.
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September 22, 2025
ND Urges High Court To Expedite Tribal Voting Rights Ruling
North Dakota Secretary of State Micheal Howe is urging the U.S. Supreme Court to decide as soon as possible whether to take up two tribes' petition for certiorari in their challenge to the state's voting map, saying state officials need time to fairly prepare for and administer the 2026 elections.
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September 22, 2025
Feds Oppose Calif. Tribes' Bid To Halt Casino Dispute
The U.S. government has asked a District of Columbia federal court judge to reject a stay motion filed by three California Native American tribes that are challenging the approval of another tribe's casino-resort project, arguing that the trio has failed to justify pausing the suit before the court rules on the government's request for a Golden State federal court transfer.
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September 22, 2025
Judge Rules Revolution Wind Can Restart Wind Farm Work
A D.C. federal judge gave Revolution Wind the green light to restart work on its billion-dollar wind farm off the Rhode Island coast Monday, halting a stop work order issued by the Trump administration last month, two years after the project got federal approval from the Biden administration.
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September 20, 2025
Court Blocks Denver From Firing Exec In Retaliation Suit
For now, Denver can't fire one of its employees who claims the city is trying to retaliate against her for supporting a different mayoral candidate, a Colorado federal judge ruled this week.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
EU-US Data Transfer Ruling Delivers Relief But Not Finality
A recent court decision backing a revamped framework for transferring personal data from the European Union to the United States provided companies with some much-needed comfort after nearly a decade of setbacks although that reprieve might be short-lived as opponents eye a broader challenge to the critical arrangement.
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September 19, 2025
Va. US Atty Quits Amid Trump's 'Blue-Slip' Removal Bid
Erik Siebert on Friday resigned as U.S. attorney for the Eastern District of Virginia, just hours after President Donald Trump pondered ousting him from the position because Siebert received blue-slip approval from the commonwealth's two Democratic senators, Tim Kaine and Mark Warner, according to media reports.
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September 19, 2025
Squires Confirmation Has Patent Attys Hoping For Stability
Now that the U.S. Senate has confirmed John Squires to serve as director of the U.S. Patent and Trademark Office, attorneys are looking for him to provide clear rules and consistent practices, saying the current requirements keep changing.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
2nd Circ. Backs NY Ban On Guns In Times Square, Subways
The Second Circuit on Friday turned back a challenge by two gun owners to a state law banning guns in Times Square and the New York City subway, saying the law fits with the country's historical traditions of regulating guns and doesn't violate the Second Amendment.
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September 19, 2025
Trump Signs 'Gold Card' Visa Order Giving Priority For Cash
President Donald Trump signed an executive order Friday launching a "gold card" visa program that provides a pricier but speedier pathway for foreigners to reside in the U.S. "by voluntarily providing a significant financial gift to the nation," touting it as a step toward undoing the prior administration's "disastrous" immigration policies and bringing wealth to the nation.
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September 19, 2025
Feds Urge Justices To Back Trump's Emergency Tariffs
The federal government told the U.S. Supreme Court Friday that lower courts incorrectly determined President Donald Trump's emergency tariffs unlawful under a statute that gives the executive broad authority to regulate the economy in matters of national emergency,.
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September 19, 2025
Ga. Providers Seek Exit From 'Conspiratorial' BCBS Fraud Suit
Healthcare consulting firm HaloMD and several providers urged a federal judge Friday to toss a lawsuit from Blue Cross Blue Shield of Georgia accusing them of abusing a federal dispute resolution process for surprise medical bills, arguing the insurer's suit offers little more than "inflammatory, conspiratorial rhetoric."
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September 19, 2025
Call For Gov't Cut Of University Patent Cash Spurs Concern
Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.
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September 19, 2025
SEC Dem Fears 'High-Speed Collision' In Private Markets
The U.S. Securities and Exchange Commission's sole Democrat urged the agency on Friday to pay more than "lip service" to investor protection as it considers allowing more everyday Americans to access private markets, warning that the commission was headed for a "high-speed collision" if it doesn't change course.
Expert Analysis
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.