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Public Policy
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September 12, 2025
Chicago Teachers Union Beats Teacher's Race Bias Suit
The Chicago Teachers Union won't have to face a lawsuit alleging that it discriminated against a teacher by not pursuing four grievances she filed, an Illinois federal judge ruled Friday, saying she did not put forward evidence connecting the union's inaction to her race or national origin and has "done nothing more than speculate."
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September 12, 2025
EPA To Spike Greenhouse Gas Reporting Program
The U.S. Environmental Protection Agency on Friday proposed repealing a 15-year-old program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions, which the EPA said would save companies money.
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September 12, 2025
Cops Not Immune In Suit Over Fabricated Proof, 3rd Circ. Says
The Third Circuit held in a precedential ruling Friday that police officers are not shielded by qualified immunity in malicious prosecution lawsuits involving allegations of fabricated evidence and forced confessions.
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September 12, 2025
Chem Industry's Goals For Toxic Substance Law Face Hurdles
The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.
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September 12, 2025
NC Auditor Urges Transparency After Cop Gets $305K Payout
The North Carolina auditor's office recommended Friday that the city of Charlotte reconsider its funding sources for settlements and be more transparent about those arrangements following an investigation into the city's secretive $305,000 deal with its outgoing police chief.
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September 12, 2025
DOJ Fights To Keep LA Sanctuary Policy Lawsuit Alive
The government urged a California federal judge on Thursday to reject Los Angeles' bid to dismiss its lawsuit over the city's immigration sanctuary ordinance, claiming the law discriminates against immigration agents, is preempted by federal law and is not protected by the 10th Amendment.
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September 12, 2025
Broker Wants DC Circ. View Of FINRA Constitutionality Claim
A broker-dealer representative has asked the D.C. Circuit to review a lower court's refusal to block an enforcement action against him from the Financial Industry Regulatory Authority despite his claims that the pending in-house hearing is unconstitutional under the U.S. Supreme Court's Jarkesy decision.
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September 12, 2025
Bill Aims To Secure Advance Funding For Tribal Services
A group of bipartisan federal lawmakers has reintroduced legislation that would authorize advance appropriations to the Indian Health Service, Bureau of Indian Affairs and Bureau of Indian Education to avoid funding lapses, saying the agencies fund critical services to tribal nations.
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September 12, 2025
Appeals Courts Rethink Harsh Youth Sentences, Search Rules
State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.
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September 12, 2025
NY Judge Keeps Cayuga Citizen's 911 Bias Claims Alive
A federal judge has dismissed a New York tribe's Civil Rights Act claims against two of the state's counties, while leaving in play a tribal council member and citizen's allegations in the dispute over 911 access, saying he plausibly asserted discrimination.
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September 12, 2025
Customs Duties 2nd Largest US Revenue Source In August
Customs duties, including tariffs, were the second-largest contributor to federal revenues in August, raising $30 billion, the U.S. Treasury Department said in a monthly statement.
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September 12, 2025
NJ AG Asks Judge To Toss Suit Over Rapid DNA Memo
The New Jersey Attorney General's Office is asking a state judge to dismiss the state Office of the Public Defender's lawsuit seeking the release of an internal legal memorandum about the use of rapid DNA technology, saying the complaint is time-barred and its release would breach attorney-client privilege.
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September 12, 2025
EU Lets Microsoft Unbundle Teams To Avoid Fine
European Union antitrust officials signed off Friday on Microsoft's plans to offer cheaper Office 365 suites without the Teams collaboration platform in order to avoid a potentially hefty fine for past policies shackling the two services together.
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September 12, 2025
Firm Says Lender In 'Falsified' Loan Suit Wasn't A Client
Pullman & Comley LLC has told a Connecticut state judge it should not have to face a New York lender's claims in a legal malpractice case accusing the multistate law firm of failing to flag allegedly falsified $16.2 million loan documents because the plaintiff was not its client.
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September 12, 2025
Title Group Says FinCEN Erred In Rule On All-Cash Resi Deals
The American Land Title Association told a Florida federal judge that the U.S. Department of the Treasury's Financial Crimes Enforcement Network underestimated the costs and overestimated the benefits of a rule imposing new reporting requirements on all-cash residential real estate transactions.
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September 12, 2025
NYC Eviction Counsel Program Struggles To Meet Its Goals
More than half the households eligible for New York City's Right to Counsel program are not receiving legal representation in eviction cases, with representation rates for all households that appear in court peaking at just over half of tenants in 2022 before falling to roughly one-third of citywide tenants in 2024, according to a report.
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September 12, 2025
Public Money Still Makes Or Breaks Stadium, Arena Deals
The number of pro sports franchise owners committing large amounts of their own money or private funds to build their stadiums and arenas continues to grow — and yet, legal experts say, public money remains a high hurdle for those owners and everyone involved in such negotiations to clear before those facilities open.
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September 12, 2025
Fresh Angles On Display In ERISA Summer Filing Uptick
Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.
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September 11, 2025
States Push Conn. Court To Ban Generic Drug Price-Fixing
A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.
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September 11, 2025
Trump's CFTC Nominee Publicly Feuds With Winklevoss Twins
Brian Quintenz is accusing crypto exchange founders Tyler and Cameron Winklevoss of pressuring President Donald Trump to delay his nomination to lead the U.S. Commodity Futures Trading Commission, saying in a social media post that the identical 44-year-old twins were apparently unhappy that he refused to make promises about a complaint they've lodged against agency attorneys.
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September 11, 2025
Trump Wants Fed Gov. Cook Out Before Next Rate Meeting
The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.
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September 11, 2025
Wash. Judge Halts Feds' Head Start Citizenship Check Policy
A Washington federal judge issued a nationwide preliminary injunction on Thursday blocking a Trump administration policy requiring Head Start participants to prove citizenship, finding the federal directive jeopardizes stable learning environments depended on by children and families across the country.
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September 11, 2025
Capital One Sues FDIC Over $149M SVB Bailout Charge
Capital One has sued the Federal Deposit Insurance Corp. in Virginia federal court challenging a $149 million charge in a special assessment levied by the agency as part of an effort to recoup losses from the 2023 regional banking crisis, saying the FDIC improperly included certain data in its calculation of the special assessment.
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September 11, 2025
FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids
The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday.
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September 11, 2025
'Delete Delete Delete': FCC To Slash Hundreds Of Old Rules
The Federal Communications Commission plans to get rid of nearly 400 rules that it says are obsolete, some of which hail from the "Ma Bell" era, and the agency has said it won't seek input on its updated guidance unless pressed to do so.
Expert Analysis
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.