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Public Policy
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September 09, 2025
4 Possible Factors In Nadine Menendez's Bribery Sentence
The New York federal judge tasked with sentencing Nadine Menendez in the high-profile public corruption case that also ensnared her husband, a once entrenched New Jersey politician, will weigh a higher number of mitigating factors than in the usual criminal case, leaving her ultimate penalty a question mark to legal observers.
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September 09, 2025
Court Urged To Deny Bid To Block Captive Reporting Rules
A Texas federal court should deny an injunction to a Texas plastics company seeking to stop the IRS from flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, the U.S. argued, saying the public could lose millions of tax dollars on illegitimate transactions.
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September 09, 2025
DOJ, FTC Urged To Probe Drugmakers' Rebate Models
The American Hospital Association asked the Trump administration to investigate whether major pharmaceutical companies violated antitrust laws as they push out new rebate models for a program that offers discounted drugs to healthcare providers serving low-income patients.
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September 09, 2025
States Urge Justices To Quickly Rule Against Trump's Tariffs
The U.S. Supreme Court should quickly consider the appeal of the Federal Circuit's ruling that President Donald Trump's emergency tariffs are unlawful and affirm that the International Emergency Economic Powers Act doesn't provide the authority to impose duties, the states challenging the measures told the justices this week.
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September 09, 2025
Approach The Bench: Judge Shannon Discusses Bankruptcy
Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.
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September 09, 2025
Pentagon Finalizes Cybersecurity Rule For Contractors
The U.S. Department of Defense released its long-anticipated final rule on Tuesday detailing how the agency will incorporate its Cybersecurity Maturity Model Certification program, aimed at boosting cybersecurity standards across the defense industrial base, into defense contracts.
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September 08, 2025
NY Supreme Court Says ICE Office At Rikers Order Is Illegal
A New York state court on Monday ruled that an executive order of New York City Mayor Eric Adams' administration that allowed for a U.S. Immigration and Customs Enforcement office at Rikers Island is "illegal," pointing to Adams' escape of federal corruption charges days ahead of the order being issued.
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September 08, 2025
Split Colo. Justices Back DA's Disbarment Over Judge Probe
The Colorado Supreme Court on Monday ruled to uphold a disciplinary board's disbarment of former 11th Judicial District Attorney Linda Stanley in a split 4-2 decision that found the issue of whether the presiding disciplinary judge should have recused himself a "close call."
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September 08, 2025
SoCal City, Pot Biz Won't Settle $220K Fee Suit
The contract dispute between a Southern California municipality and a cannabis distributor over a failed deal to transport cannabis in the city and an unpaid $220,000 permit fee remains ongoing, after both sides told a California state court that settlement talks were unsuccessful.
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September 08, 2025
GOP Sens. OK Fla. Judge Who Dems Claim Courted Trump
Senate Republicans voted on Monday evening to confirm to the Southern District of Florida bench Judge Edward L. Artau, a state appellate judge who ruled in favor of President Donald Trump in a defamation lawsuit when Democrats say he was simultaneously being vetted for the federal judgeship.
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September 08, 2025
DC Circ. Mulls Whether To Leave Whistleblower Rewardless
The D.C. Circuit didn't seem to think it was fair that the SEC refused a million dollar reward to a whistleblower who went to the media first, even though the judges hinted Monday they thought the agency might have been within its rights to do so.
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September 08, 2025
Immigration Board's Undoing Of Bond Practice Stuns Attys
A Board of Immigration Appeals decision to deny bond and require mandatory detention for anyone entering the U.S. unlawfully has stunned immigration attorneys, who say the upending of decades of precedent will leave few options beyond leaving the country.
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball
A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.
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September 08, 2025
Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row
A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."
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September 08, 2025
NY AG To Fight Texas Bid To Enforce Abortion Ban Ruling
New York Attorney General Letitia James on Monday moved to intervene in a lawsuit brought by the state of Texas that seeks to enforce a money judgment against a New York doctor for providing abortion-inducing drugs to a woman via telemedicine in the Lone Star state.
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September 08, 2025
FCC Nears 4-Year Review Of Media Ownership Regs
Fresh off an Eighth Circuit decision that undercut a key rule limiting companies from controlling multiple broadcast stations in the same market, the FCC will vote this month on launching its required four-year review of media ownership rules.
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September 08, 2025
Google Tells Judge Not To Break Up Ad Tech Biz
Google has urged a Virginia federal judge not to impose the "severe, counterproductive, and unprecedented remedy" of breaking up its advertising placement technology business, and has pushed its own proposed fixes over those sought by the U.S. Department of Justice in the upcoming monopoly remedies trial.
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September 08, 2025
OCC Will Weigh 'Debanking' In Licensing, CRA Reviews
The Office of the Comptroller of the Currency shed more light Monday on its plans for carrying out President Donald Trump's call to end so-called debanking, saying it will factor account closure concerns into its community lending exams, merger reviews and more.
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September 08, 2025
Barrett Talks Dobbs, Court's Role In New Book
U.S. Supreme Court Justice Amy Coney Barrett defends her vote to overturn Roe v. Wade and declare there's no constitutional right to abortion in her new memoir, which also provides unique insight into her view of the judiciary's role in American democracy and her approach to interpreting law.
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September 08, 2025
Calif. Says Texas Doesn't Belong In Emissions Waiver Fight
The state of California told a federal judge that Texas has no business in a suit challenging the revocation of Clean Air Act waivers that allowed the state to set its own emissions standards, saying the Lone Star State wishes to inject "collateral issues" into the suit.
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September 08, 2025
FDIC Bests Farella Braun In Dispute Over SVB Legal Fees
A California federal judge has sided with the Federal Deposit Insurance Corp. in a dispute over $48,800 in unpaid legal bills that Farella Braun & Martel LLP sought for work it did before Silicon Valley Bank's collapse, finding the firm's invoices lacked key details like hours and billing rates.
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September 08, 2025
Michigan Pot Co. Drops Suit Over City's Licensing Process
A Michigan cannabis company has agreed to drop a lawsuit seeking to halt a city's recreational marijuana application process over allegations that the process was unfair and resulted in the company missing out on points already awarded to other license applicants.
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September 08, 2025
Securities Class Actions Had A Late Summer Appellate Bloom
While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.
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September 08, 2025
FCC To Revoke Authorizations For Foreign-Owned 'Bad Labs'
The Federal Communications Commission on Monday began revoking U.S. authorizations for seven communications equipment-testing labs it says are controlled by foreign adversaries.
Expert Analysis
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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.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.