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Public Policy
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September 23, 2025
Minnesota's Deepfake Crackdown Foreshadows Legal Clashes
Minnesota's law cracking down on deepfake videos aimed at influencing elections has drawn separate court challenges to stop its enforcement, including one by X Corp., offering a glimpse into the hurdles other states and Congress may face as they address the proliferation of digital replicas created with artificial intelligence.
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September 23, 2025
Judge Demands Summary Of Unspent Foreign Aid Funds
A D.C. federal judge ordered the Trump administration to file a summary of uncommitted foreign aid funds from pre-2024 appropriations acts expiring at the end of September, after aid organizations said the government was deliberately trying to evade his injunction requiring that it obligate more than $6 billion by the end of the month.
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September 23, 2025
Chemours Asks 4th Circ. To Toss Ohio River Pollution Order
Chemours told the Fourth Circuit a West Virginia federal judge botched the law and the science about the risks a forever chemical poses when he ordered its Washington Works facility to stop discharging permit-exceeding amounts of the substance into the Ohio River.
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September 23, 2025
Admin Argues Copyright Chief Seeks 'Sweeping Remedies'
The Trump administration told a D.C. federal court that it had the authority to remove Shira Perlmutter as head of the U.S. Copyright Office, saying her suit over her firing seeks "sweeping remedies" she isn't entitled to.
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September 23, 2025
Bipartisan House Reps Float Bill Protecting Older Job Seekers
House lawmakers from both sides of the aisle said they have introduced legislation that would amend the Age Discrimination in Employment Act to state explicitly that it shields job applicants as well as employees.
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September 23, 2025
DOL Greenlights Guaranteed Income Investments In 401(k)s
The U.S. Department of Labor's employee benefits arm issued guidance Tuesday making clear that employers can offer lifetime income insurance products as a default investment in 401(k) plans, responding to an executive order by President Donald Trump calling for expanded access to nontraditional retirement plan assets.
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September 23, 2025
Ga. Panel Says Kemp Doesn't Have To Probe Election Board
The Georgia Court of Appeals on Tuesday said a trial court rightly dismissed a suit that sought to force the state's governor to hold a hearing on ethics charges brought against three Republican members of the State Election Board.
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September 23, 2025
Star Chef Didn't Violate 'Vague' Pact With Boston, Judge Says
A Massachusetts state court has ruled that a "vague" agreement between celebrity chef Barbara Lynch and the city of Boston to escrow proceeds from the sale of her flagship No. 9 Park restaurant while the city seeks to collect her unpaid taxes doesn't prevent Lynch from using the funds to pay other creditors.
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September 23, 2025
Full Effects Of US Tariffs 'Yet To Be Felt,' OECD Report Says
Economic growth in the U.S. is expected to dip in 2026 partly because of global trade tensions, the full effects of which "have yet to be felt," the Organization for Economic Cooperation and Development reported Tuesday.
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September 22, 2025
Trump Appoints 'Loyal' Aide Following Va. US Atty's Exit
One of President Donald Trump's White House aides and former personal attorneys Monday was sworn in as interim U.S. attorney for the Eastern District of Virginia, a day after the resignation of the office's previous Senate-approved top prosecutor, who had declined to bring charges against two of the president's foes.
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September 22, 2025
Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban
Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday.
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September 22, 2025
Google Ad Tech Breakup 'Drastic' But Best, DOJ Tells Judge
A U.S. Department of Justice attorney pressed a Virginia federal judge Monday to break up Google's advertising placement technology business, asserting in opening statements that a divestiture is doable and the only way to fully address Google's monopoly.
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September 22, 2025
VoIP Provider Seeks Faster Switch To Internet-Based Lines
Local carriers are dragging their feet in changing from older switching systems to internet-based call interconnection, and federal rules should be crafted to hasten the transition, says a telecom technology platform.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Colo. Justices Unsure How To Interpret Open Records Law
Colorado Supreme Court justices grilled an attorney representing the state Monday about how its interpretation of Colorado's open records laws actually protects the identity of children, and whether its reading of the statute isn't overly broad.
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September 22, 2025
New Framework Needed For Satellite Power Caps, Orgs Say
More than a dozen groups on Monday told the Federal Communications Commission it's time to update spectrum sharing rules between low earth orbit and other satellites to spur industry growth.
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September 22, 2025
UK, US To Collaborate On Capital Markets, Crypto Policy
The U.S. Department of the Treasury and the United Kingdom's financial ministry on Monday announced the formation of a joint taskforce to explore ways to collaborate on digital asset policy and "improve links" between the two countries' capital markets.
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September 22, 2025
T-Mobile, Sprint Push DC Circ. To Revisit $92M FCC Fines
T-Mobile and Sprint are asking the full D.C. Circuit to review a $92 million fine from the Federal Communications Commission over their sale of sensitive user location data with third-party companies, asking for an en banc rehearing of their challenge after a three-judge panel unanimously affirmed the penalty last month.
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September 22, 2025
DC Circ. Mulls International Media Funding, Firings
The D.C. Circuit is set to decide whether or not to allow the Trump administration to continue dismantling the agency that oversees state news broadcaster Voice of America after hearing consolidated arguments Monday morning in a quartet of cases challenging the shutdown.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Feds Urge No Injunction In Ill. Migrant Shelter Fund Fight
An Illinois federal judge hearing Chicago and other municipalities' dispute over migrant-focused grant funds the U.S. Department of Homeland Security stopped reimbursing should not halt that decision while the parties' case plays out, because the funds aren't being moved or used elsewhere, the federal government argued Monday.
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September 22, 2025
Judge Lets Suit Over Audible's Expiring Credits Move Forward
A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.
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September 22, 2025
5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
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September 22, 2025
In-House Judge Won't Pause FTC's Heart Valve Deal Challenge
An administrative law judge refused to pause the Federal Trade Commission's in-house case challenging Edwards Lifesciences Corp.'s planned $945 million purchase of JenaValve Technology Inc. until after a ruling in the related federal court case.
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September 22, 2025
HUD Attys Say Trump Is Undermining Fair Housing Work
A group of U.S. Department of Housing and Urban Development attorneys claimed in a lawsuit Monday that the Trump administration is deliberately undermining the federal government's enforcement of fair housing laws.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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A Look At 2 Reinvigorated DOL Compliance Programs
As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.
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Opinion
Congress Must Resolve PSLRA Issue For Section 11 Litigants
By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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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.