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Public Policy
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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.
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September 12, 2025
Mass. AG Says KalshiEX Running Betting Platform In Disguise
Online "prediction market" KalshiEX LLC was hit on Friday with a lawsuit by Massachusetts regulators alleging the New York-based company is running what amounts to an unlicensed sports betting platform.
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September 12, 2025
When The Supreme Court Says Using Race Is OK
The U.S. Supreme Court is allowing government agencies to expressly use race in furthering their immigration enforcement goals, while prohibiting the use of race as even one of the factors to consider in college admissions. Some legal scholars see a double standard.
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September 12, 2025
Justices' Tariff-Suit Review Halts Case In Texas Federal Court
A Texas federal court has postponed further proceedings in a suit challenging President Donald Trump's emergency tariffs until the U.S. Supreme Court considers matters involving similar claims that were taken under review earlier this week.
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September 12, 2025
Chicago Teachers Union Beats Teacher's Race Bias Suit
The Chicago Teachers Union won't have to face a lawsuit alleging that it discriminated against a teacher by not pursuing four grievances she filed, an Illinois federal judge ruled Friday, saying she did not put forward evidence connecting the union's inaction to her race or national origin and has "done nothing more than speculate."
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September 12, 2025
EPA To Spike Greenhouse Gas Reporting Program
The U.S. Environmental Protection Agency on Friday proposed repealing a 15-year-old program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions, which the EPA said would save companies money.
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September 12, 2025
Cops Not Immune In Suit Over Fabricated Proof, 3rd Circ. Says
The Third Circuit held in a precedential ruling Friday that police officers are not shielded by qualified immunity in malicious prosecution lawsuits involving allegations of fabricated evidence and forced confessions.
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September 12, 2025
Chem Industry's Goals For Toxic Substance Law Face Hurdles
The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.
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September 12, 2025
NC Auditor Urges Transparency After Cop Gets $305K Payout
The North Carolina auditor's office recommended Friday that the city of Charlotte reconsider its funding sources for settlements and be more transparent about those arrangements following an investigation into the city's secretive $305,000 deal with its outgoing police chief.
Expert Analysis
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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.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.