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Public Policy
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September 05, 2025
Judge Doubts DOE Stance On Ending Mental Health Grants
A Seattle federal judge hinted on Friday that 16 states have valid claims against the U.S. Department of Education for arbitrarily discontinuing mental health funding for public schools, expressing frustration with the federal government's argument that it could terminate grant funding the same way it could fire a landscaper under contract.
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September 05, 2025
FTC Drops Appeal For Rule Banning Noncompetes
The Federal Trade Commission officially abandoned its appeal Friday in a case that set aside a Biden administration rule banning the use of most employee noncompete clauses, but the agency said it plans to bring enforcement actions on a case-by-case basis instead.
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September 05, 2025
NJ Court Won't Push Affordable Housing Project Through
A New Jersey state appeals court affirmed Friday that a developer can't bypass a municipality's zoning rules and obtain approvals for an affordable housing project, even though the development is part of the municipality's plan to meet its affordable housing obligations.
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September 05, 2025
9th Circ. Deems COVID Jobless Pay Constitutionally Protected
A Ninth Circuit panel has ruled a Washington state resident has standing to bring a proposed class action against the Washington State Employment Security Department for allegedly underpaying COVID-era benefits, declaring the plaintiff's property interest in the benefits is constitutionally protected.
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September 05, 2025
Top Groups Lobbying The FCC
Lobbying slowed toward the end of the dog days, but the Federal Communications Commission heard from advocates nearly 100 times in August on issues like next-generation TV, satellite spectrum rules and 900 megahertz broadband.
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September 05, 2025
Judge Grills Gov't On Details Of IRS-ICE Info-Sharing Deal
A D.C. senior judge pressed a government attorney Friday over the specifics of the IRS' disclosure of tax return information to immigration enforcement agencies, saying the details were crucial to weighing a coalition of organizations' bid to block the practice.
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September 05, 2025
FDA Explains Rejection Of MDMA Therapy For Treating PTSD
The U.S. Food and Drug Administration rejected a historic new drug application to treat post-traumatic stress disorder with the psychedelic MDMA due to concerns with the drug's safety and effectiveness and with the design of the clinical trials behind the bid, according to an agency letter made public Thursday.
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September 05, 2025
DOJ Defends Expert Who Says Agri Stats Helps Hike Prices
The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.
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September 05, 2025
3rd Circ. Affirms Feds' Primacy Over Pa. Grid Project
The Third Circuit ruled in a precedential decision on Friday that the Pennsylvania Public Utility Commission's blocking of a transmission line project in the state was unconstitutional because it hampered federal objectives, affirming a lower court's ruling that the commission lacked the authority to halt construction.
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September 05, 2025
Miner Must Show Why Chuckwalla Suit Belongs In Mich.
A Michigan federal judge has ordered a Michigan resident challenging the Chuckwalla National Monument's protected status to show why the lawsuit should remain in the Great Lakes State, suggesting that the case seems to fit better in California where the vast desert acreage is located.
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September 05, 2025
Former Boston Pol Gets 1 Month For Kickback Scheme
A former Boston city councilor was sentenced on Friday to a month in prison for a public corruption scheme in which she demanded a $7,000 kickback from an employee bonus at a time she was facing a state ethics commission fine.
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September 05, 2025
Ex-Ill. Speaker Asks 7th Circ. To Stay Prison Term For Appeal
Former Illinois House Speaker Michael Madigan has asked the Seventh Circuit to stay his impending surrender to serve a seven-year prison sentence for bribery and wire fraud as he appeals that conviction to the appellate court, saying his appeal is likely to succeed.
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September 05, 2025
Ga. Ban On Trans Prisoner Healthcare Paused, Class Certified
A Georgia federal judge has reached what he described as a "straightforward" decision to temporarily pause the state's law banning the use of state resources for hormone replacement therapies for transgender state prisoners, and is considering granting the plaintiffs' request for permanent injunctive relief.
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September 05, 2025
Mo. House Resolution Seeks Vote On Narrowed Property Tax
Missouri would ask voters to decide if the state should amend its constitution to designate real property as the only property classified for property tax purposes under a joint resolution filed in the state House of Representatives and submitted to a special legislative committee Friday.
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September 05, 2025
Ore. Court Finds Claim For Tax Sale Proceeds Untimely
An Oregon county violated the U.S. Constitution when it retained the surplus proceeds of a tax sale, a state appeals court ruled, but the property owner's claim for the funds was untimely and a lower court was correct to dismiss it.
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September 05, 2025
Court-Ordered Programs Are Gov't Speech, 11th Circ. Says
The Eleventh Circuit on Thursday affirmed a lower court's finding that Florida court-ordered batterers' intervention programs are government speech, upholding a win for the state over a Christian minister and counselor contesting the rejection of his Bible-based program.
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September 05, 2025
9th Circ. Affirms Irrigation Exemption For Calif. Water Project
The Ninth Circuit on Friday rejected fishing industry groups' demand that the federal government require a Clean Water Act permit for a California agricultural water runoff project that's been operating without one for decades.
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September 05, 2025
Brown Univ. Prof Says Top Court Ruling Bolsters Habeas Bid
A Lebanese nephrologist who teaches at Brown University under an H-1B visa argued last week that the U.S. Supreme Court's ruling this summer in Kennedy v. Braidwood Management, a case focusing on whether members of a U.S. government task force were constitutionally appointed, bolsters her argument that the U.S. Customs and Border Protection officers who deported her lacked the authority to do so.
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September 05, 2025
NC Court Rejects ParkMobile's Bid To Escape Slander Case
ParkMobile LLC lost its bid Thursday to dodge a slander lawsuit in which the city of Asheville claimed the company misrepresented that the two were affiliated, after a three-judge panel of the North Carolina Court of Appeals dismissed ParkMobile's appeal.
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September 05, 2025
NC Elections Board Settles DOJ Suit Over Missing Voter Info
North Carolina election officials have agreed to update the state's voter registration database to end a U.S. Department of Justice lawsuit alleging they flouted federal regulations by failing to collect driver's license or Social Security numbers when registering voters.
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September 05, 2025
Judicial Nominee Expands On Testimony About Ky. Pardons
A judicial nominee for the Eastern District of Kentucky continues to distance himself from the controversial pardons issued by former Kentucky Gov. Matt Bevin, for whom he was counsel.
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September 05, 2025
FCC Chief Wants To Let Prisons Jam Contraband Cellphones
The Federal Communications Commission plans to vote this month on a plan to allow state and local prisons to jam the signals of contraband cellphones obtained by prisoners.
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September 05, 2025
Mass. Justices Mull Privacy Issues In Era Of Online Records
Massachusetts' highest court heard arguments Friday in a pair of cases asking the justices to balance the public's right to access court documents against the privacy interests of potential medical malpractice victims and people charged with but later cleared of crimes.
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September 05, 2025
Judges Warn ICE Is Turning Courts Into Deportation Traps
As Immigration and Customs Enforcement officers violently arrest unauthorized immigrants in court buildings' hallways, former and current judges warn that the Trump administration is using courts as a dragnet, arresting people indiscriminately and expelling them with little to no due process in a bid to fulfill President Donald Trump’s goal of mass deportations.
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September 05, 2025
Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law
A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.
Expert Analysis
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.