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Public Policy
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September 11, 2025
State Regulators Press FERC To Back $21.8B MISO Grid Plan
Utility commissions in favor of a $21.8 billion transmission development plan told the Federal Energy Regulatory Commission this week that other state commissions challenging the plan are mischaracterizing their policy differences as tariff violations.
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September 11, 2025
US Attorneys, Judicial Noms Advance Amid Senate Tensions
Sen. Chuck Grassley, chair of the Senate Judiciary Committee, faulted Senate Minority Leader Chuck Schumer on Thursday, for getting in the way of efforts by him and Sen. Dick Durbin, the committee ranking Democrat, to expedite the confirmation of U.S. attorney nominees.
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September 11, 2025
4th Circ. Seems Wary Of Backing Freeze On Trump DEI Orders
A Fourth Circuit panel appeared reluctant Thursday to uphold an injunction blocking parts of President Donald Trump's executive orders that aimed to cut grants and rein in diversity programs among federal contractors, posing tough questions to the groups who claim the orders are unconstitutional.
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September 11, 2025
Bill Giving White House More Control Of DC Judges Advances
The House Oversight and Government Reform Committee advanced a bill on party lines that would abolish the commission in Washington that vets and picks potential judicial nominees for the district's local courts.
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September 11, 2025
Trump Taps American Airlines Pilot For NTSB
President Donald Trump has nominated an American Airlines pilot to serve as a member of the National Transportation Safety Board, filling a vacancy on the five-member board that's contending with a series of high-profile accident investigations.
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September 11, 2025
Pa. Justices Seek Fair Process For Picking Tax Appeals
Pennsylvania's Supreme Court grappled Thursday with whether a school district's tax assessment appeals ran afoul of prior rulings upholding the uniformity clause of the state Constitution, suggesting that any criteria for choosing appeals might favor one kind of property over another.
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September 11, 2025
Senate Energy Panel Advances Republican FERC Nominees
The U.S. Senate Committee on Energy and Natural Resources on Thursday advanced President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission in a largely party-line vote.
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September 11, 2025
NYC Council Overrides Mayor's Vetoes On Workers' Pay
The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.
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September 11, 2025
Mont. Tribe Members Ask To Join Justices' Tariff Suit Review
Members of the Blackfeet Nation have asked the U.S. Supreme Court to join its review of cases challenging President Donald Trump's emergency tariffs, telling the justices that their arguments' inclusion in the matter is essential to support tribal rights under federal law.
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September 11, 2025
Connecticut City HR Chief Loses Pay Cut Case
A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.
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September 11, 2025
2nd Circ. Axes Hotel's Appeal After Town Drops Zoning Suit
The Second Circuit tossed a hotel's appeal bid for a district court order that remanded a New York town's zoning suit concerning asylum seekers staying at the hotel, ruling Thursday that it will also vacate the remand order because the town permanently dropped its suit against the hotel.
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September 11, 2025
Nadine Menendez Gets 4½ Years In Bribery Case
A Manhattan federal judge on Thursday sentenced Nadine Menendez to 4.5 years in prison following her conviction at trial for aiding her husband Bob Menendez's corruption by acting as the go-between for bribe payments made to the senator to help further the business and personal interests of three New Jersey businessmen.
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September 10, 2025
Feds Barred From Axing 30-Year Noncitizen Services, For Now
A Rhode Island federal judge Wednesday blocked the Trump administration from enacting a policy change requiring immigration status checks for a number of federally funded community services, saying a coalition of Democratic-led states is likely to succeed in its assertion that the move is unconstitutional, as well as arbitrary and capricious.
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September 10, 2025
Long Island Town Hit With Another Pot Shop Suit Over Zoning
The Long Island town of Southampton, New York, was hit with another lawsuit accusing it of weaponizing its zoning to block marijuana shops from opening, with the latest suit claiming it changed its laws at the last minute to prohibit an all but ready-to-open retail shop, wasting hundreds of thousands of dollars the cannabis entrepreneur spent.
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September 10, 2025
Cannabis Co. Says Battle With Activists Was Tossed Too Soon
A multistate cannabis company told a New Jersey state appeals court on Wednesday that its lawsuit against local opponents of a cultivation facility was prematurely dismissed, while the activists countered that the case amounted to a strategic lawsuit against public participation cloaked in land-use litigation.
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September 10, 2025
NC Justice Probes 'Scalia-Style' View Of Waste Fee Law
A North Carolina Supreme Court justice probed the expansiveness of counsel's argument over a county's solid waste ordinance Wednesday, wondering if channeling a "Justice Scalia"-style reading of the text suggests that a property owner could hire a private waste collector just once a year to sidestep an annual fee.
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September 10, 2025
FCC's Carr Says Agency Clawbacks Save More Than $9M
The Federal Communications Commission will be clawing back more than $9 million in overpayments that it says it mistakenly made to telecoms and discovered as part of an audit of the "antiquated high-cost program."
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September 10, 2025
DHS Moves To End Suit Over Protected Status Terminations
Homeland Security Secretary Kristi Noem urged a California federal judge to end a lawsuit challenging her termination of temporary protection statuses for immigrants from Honduras, Nicaragua and Nepal seeking refuge from environmental and political crises, arguing Tuesday the court lacks jurisdiction since her determinations are shielded from judicial review.
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September 10, 2025
DOJ Retreats From Reunification Claim In Kids Removal Suit
A government attorney told a D.C. federal judge Wednesday she couldn't contest a Guatemalan government report undercutting the Trump administration's claim that it tried to deport 76 unaccompanied minors over Labor Day weekend to reunite them with their parents.
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September 10, 2025
FCC Sticks With Nearly $1M Pirate Radio Fine
A New York City area man was slapped with a nearly $1 million Federal Communications Commission fine Wednesday for operating an illegal radio station, after the agency says he ignored the notice warning that they intended to fine him for nearly a year.
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September 10, 2025
Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit
A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns.
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September 10, 2025
FCC Calls Preemption The Way To Rush Telecom Deployment
The Federal Communications Commission is considering making a "rocket docket" for permitting disputes and blocking states and localities from denying small cell wireless permits based on aesthetic concerns, according to a rule update the agency is proposing.
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September 10, 2025
Trump Admin's Push To Sunset Energy Regs Faces Hurdles
Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.
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September 10, 2025
Texas Gov. Issues Executive Order On Hemp Products For Kids
Texas Republican Gov. Greg Abbott on Wednesday issued an executive order requiring state agencies to implement rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.
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September 10, 2025
Md. Appeals Court Says Psychoactive Hemp Wares Illegal
A Maryland appeals court on Tuesday ruled that products containing psychoactive compounds derived from hemp are illegal, delivering a blow to a coalition of hemp interests that brought a constitutional challenge to the state's recreational marijuana legalization law.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me a Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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New Tax Rules Complicate M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Insuring Against FCA Risk In Shifting Trade Landscape
In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.