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Public Policy
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September 24, 2025
ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical
The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.
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September 24, 2025
Google Ad Tech Judge Ponders If Order Without Sale Is Enough
A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Calif. Judge Urged To Reject Noem's Bid To Escape TPS Suit
An immigrant rights group told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.
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September 24, 2025
Calif. Tribes Fight State Highway Patrol Over Cannabis Raids
The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
Tower Developer Linked To Menendez Ally Wants Suit Tossed
The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.
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September 24, 2025
Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told
An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.
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September 24, 2025
USPTO Touts Declining Patent Backlog, Eyes Bigger Drop
U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.
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September 24, 2025
Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions
A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.
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September 24, 2025
FINRA To Nix Minimum Equity Requirement For Day Traders
The Financial Industry Regulatory Authority announced Wednesday that its board approved changes to its rules for so-called pattern day trading that would remove a minimum equity requirement for such traders.
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September 24, 2025
Michigan's 'Buy Local' Power Rule Shores Up Grid, Judge Told
Michigan's utility regulator and one of the state's largest utilities have defended a requirement that power providers serving the state must source some of their electricity locally, saying in a court filing the rule helps ensure grid reliability.
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September 24, 2025
ACLU, Feds Spar Over Classwide Relief In Guantánamo Case
The American Civil Liberties Union and the Trump administration filed dueling briefs on whether a D.C. federal judge can certify a class and grant classwide relief in a suit challenging the government's transfer of some detained noncitizens to Guantánamo Bay.
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September 24, 2025
High Court Won't Review Legality Of Wilcox, Harris Firings
The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.
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September 24, 2025
Court Sides With Texas, Nixes Medicaid Tax Funding Rule
The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.
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September 24, 2025
GAO Says Energy Dept. Must Review PFAS At Dozens Of Sites
The U.S. Department of Energy needs to speed up its review of how forever chemicals are and have been used at its sites across the nation, the congressional watchdog agency said Wednesday.
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September 24, 2025
DOJ Seeks Dismissal Of Pot User's Gun Charge
The U.S. Department of Justice wants to end its prosecution of a cannabis user charged with possession of a firearm, telling an Oklahoma federal court on Tuesday that the case is old and it's very likely that the U.S. Supreme Court will soon address the gun law at issue.
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September 24, 2025
FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says
The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.
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September 24, 2025
Keep Rules Against Phone 'Slamming,' NY Agency Says
New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.
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September 24, 2025
EU Commission Provides Guidance For Blocwide VAT Rules
The European Commission issued guidance Wednesday to help European Union member states enact blocwide value-added tax rules for the digital economy, including real-time e-invoicing on cross-border transactions.
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September 24, 2025
Trans Youth Care Ban Discriminatory, Mo. High Court Hears
The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.
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September 24, 2025
Medical Marijuana Operators Claim Okla. Undermines Industry
A group of Oklahoma medical marijuana interests allege in a new federal lawsuit that state officials are unlawfully hindering their operations as part of a broad crackdown on the industry.
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September 24, 2025
Mobile Cos. Claim Chilling Effect From Local Permitting
Wireless industry players are having problems with local permitting that would be fixed by the Federal Communications Commission's new proposal, which would use federal preemption to help companies clear permitting hurdles, according to a major trade group.
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September 24, 2025
Let States Use Leftover BEAD Funds, Sen. Wicker Says
States should be able to use money left over from federal grants aimed at broadband deployment for other projects to boost high-tech growth, a Republican senator said.
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September 24, 2025
Ga. Panel Reverses Trial Court's Same-Sex Motherhood Ruling
The Georgia Court of Appeals Wednesday reversed a trial court order that refused to recognize the legitimacy of a woman's parental relationship to a child conceived by artificial insemination during her marriage to another woman.
Expert Analysis
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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.
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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.