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Public Policy
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September 19, 2025
Trump Administration Takes TPS Fight Back To Supreme Court
The Trump administration took its fight to end temporary protected status for Venezuela back to the U.S. Supreme Court on Friday, urging the justices to stay a district court decision that found the U.S. Department of Homeland Security's attempt to unwind those protections unlawful.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
Foreign Entity Rules Begin To Shape Clean Energy Deals
The recently enacted federal budget that attaches stricter foreign supply chain and business ownership rules to clean energy tax credits has started to take practical effect, with project developers rewriting agreements to avoid getting snagged in the new regulatory regime.
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September 19, 2025
Dems Want Answers On Delayed FinCEN Adviser Rule
Sen. Elizabeth Warren and other congressional Democrats have pressed Treasury Secretary Scott Bessent on the department's decision to postpone a rule they said addresses a money laundering vulnerability of the U.S. investment adviser sector, saying the decision puts national security and the economy at risk.
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September 19, 2025
Satellite Biz Bristles At Idea Of Tougher FCC Enviro Oversight
Satellite companies say the Federal Communications Commission should exempt their operations from review under the National Environmental Policy Act because they are "inherently extraterritorial" projects.
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
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September 19, 2025
Feds Say Court Can't Stop Voice Of America Layoffs
The U.S. government agency that runs broadcaster Voice of America urged a D.C. federal judge not to hold that an order to fulfill its mandate as a news source blocks it from carrying out imminent layoffs, opposing an enforcement bid by unions and employees including VOA's director.
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September 19, 2025
Ky.-Based CBD Co. Sues Tenn. Regulators Over New Law
A Kentucky-based hemp products manufacturer is looking to block Tennessee officials from enforcing a new state law that would both ban direct-to-consumer sales and all health-related marketing labeling, according to a federal lawsuit that claims the statute violates the U.S. Constitution's commerce clause and the First Amendment.
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September 19, 2025
NC Judge Creates Bail Task Force, Citing 'Disturbing' Events
The chief justice of the North Carolina Supreme Court has ordered that a task force be created to study whether pretrial release policies comply with relevant state laws, and help develop a new suite of court rules governing when trial judges may release defendants.
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September 19, 2025
Hotel Settles Ga. Minor's Sex Trafficking Suit
A settlement has been reached in a 17-year-old girl's lawsuit accusing an Atlanta-based hotel and its management company of doing nothing to help when managers and hotel employees knew she and others were being sex trafficked.
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September 19, 2025
EU Finalizes Pact To Block Intra-EU Energy Charter Claims
Lawmakers in the European Union have adopted a decision agreeing that the Energy Charter Treaty's arbitration clause "cannot and never could serve as a legal basis for intra-EU arbitration proceedings."
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September 19, 2025
Bills Would End Emergencies For Tariffs On Brazil, Canada
A national emergency underpinning U.S. tariffs imposed on Canada and another one justifying most American tariffs on Brazil would be ended under a pair of resolutions introduced with bipartisan support by Sen. Tim Kaine, D-Va.
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September 19, 2025
CFPB Union Drops Suit Over DOGE Access To Worker Data
The National Treasury Employees Union on Friday dropped a lawsuit seeking to block Department of Government Efficiency access to personnel data at the Consumer Financial Protection Bureau, a move that comes as the union assesses next steps in its other, higher-profile challenge to the consumer agency's downsizing.
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September 19, 2025
Ore. Tax Court Must Defer To Dept.'s Rules, Justices Say
The Oregon Tax Court erred when it failed to defer to the Department of Revenue's assessment rules and decided to use a different valuation method in valuing a utility company's property, the state Supreme Court ruled.
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September 19, 2025
Fla. Entrepreneur Urges 1st Circ. To Remand RI Pot Regs Suit
A Florida entrepreneur on Friday urged the First Circuit to remand to Rhode Island federal court his constitutional challenge to Rhode Island's cannabis retail licensure scheme, now that the cannabis regulations at issue have been made public and the license application process is open.
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September 19, 2025
Fed Workers Can Telework For Religious Reasons, DOJ Says
Federal employees should be allowed to telework occasionally for religious reasons, even after President Donald Trump's January executive order requiring in-person attendance for government workers, the U.S. Department of Justice said.
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September 19, 2025
Lawmakers' Exit Puts Court, Judicial Security Funds In Limbo
Congress left for recess Friday afternoon after the Senate failed to pass a stopgap spending measure that includes funds for judicial security and the courts.
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September 19, 2025
DC Circ. Sides With FERC On Puerto Rican Gas Pipeline
The D.C. Circuit on Friday unanimously rejected challenges to a liquefied natural gas pipeline in Puerto Rico built after hurricanes battered the island's electrical grid, saying the Federal Energy Regulatory Commission's decision not to stop the project fell under its unreviewable enforcement discretion.
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September 19, 2025
Fla. Bar Must Conduct Bondi Ethics Probe, State Justices Told
An attorney has doubled down on his attempt to force the Florida Bar into investigating U.S. Attorney General Pam Bondi for alleged unethical conduct, arguing to the state Supreme Court that the bar has a clear legal duty to do so.
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September 19, 2025
FTC Restructuring Its Non-DC Offices Under Single Banner
The head of the Federal Trade Commission's Competition Bureau said in New York City remarks Friday that the agency is restructuring its offices outside its Washington, D.C., base so that those satellite units operate as a single division under an "easier, cleaner, more efficient reporting structure."
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September 19, 2025
Builder Not Covered In Conn. Park Dispute, Insurers Tell Court
Two insurers have no duty to defend or indemnify a developer and two of his companies against a suit accusing them of unlawfully encroaching on and destroying public land because the claims do not trigger their policies' insuring agreements, the insurers told a Connecticut federal court.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Trump Asks High Court To Lift Block On Trans Passport Ban
The Trump administration asked the U.S. Supreme Court on Friday to lift a nationwide order requiring the U.S. Department of State to issue passports to transgender and nonbinary individuals that reflect their gender identity, arguing the mandate wrongly compels the government to express speech it disagrees with.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
Expert Analysis
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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6 Questions We Should Ask About The Trump Trade Deals
Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.
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'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight
The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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The Pros, Cons Of A Single Commissioner Leading The CFTC
While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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How DOJ's New Data Security Rules Leave HIPAA In The Dust
The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.