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Public Policy
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September 29, 2025
CFTC Illegally Blocking Fantasy Site's Application, Court Told
A fantasy sports company is challenging the Commodity Futures Trading Commission's move to intervene in its application to become a licensed broker for derivatives trading, saying its application has been stalled in front of the industry's regulating body despite meeting all the requirements.
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September 29, 2025
4th Circ. Rejects NCAA's Bid To Expedite Eligibility Appeal
The Fourth Circuit declined to fast track the briefing in an appeal of an injunction that paused the NCAA's eligibility rules and gave four West Virginia University athletes another year to play football.
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September 29, 2025
Why $2.5B Might Not Be Enough In FTC's Amazon Settlement
As the Federal Trade Commission and some observers hailed Amazon's $2.5 billion deal over its Prime membership practices as a milestone to protect consumers from manipulative tactics, others doubted the 10-figure settlement will be enough to hold the company accountable following a case it had seemed likely to lose.
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September 29, 2025
House GOP Lawmakers Back ITC Import Ban Won By Oura
A group of House Republicans want the U.S. Trade Representative to uphold the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed an Ouraring Inc. wearable computing device patent.
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September 29, 2025
First Step Act Isn't All Retroactive, Gov't Tells High Court
The federal government has asked the U.S. Supreme Court to find that Congress never intended certain sentencing reduction provisions within the 2018 First Step Act to be applied retroactively, and to resolve a 6-4 circuit split.
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September 29, 2025
IRS Finalizes Income Rules For Housing Tax Credit Projects
The U.S. Department of the Treasury and Internal Revenue Service plan to release finalized rules Tuesday for housing tax credit developers opting to use an average-income test to set rents for affordable housing projects, aiming to reduce the risk of disqualification if a unit falls out of compliance.
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September 29, 2025
Congress Members Urge Hemp Regulation, Not Prohibition
A bipartisan group of House lawmakers are coming out against language in an agriculture appropriations bill that would "deal a fatal blow" to the hemp industry, urging the chamber's leader instead to seek hemp regulation.
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September 29, 2025
NC County Illegally Spent Occupancy Taxes, Justices Told
A North Carolina county unlawfully spent occupancy tax revenue on general government services instead of tourism-related initiatives, a group of local property owners told the state's high court, urging it to uphold an appeals court ruling.
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September 29, 2025
Court Affirms Philly Policy Against Minor Traffic Stops
A divided Pennsylvania appeals court upheld a local ordinance and executive order issued by the Philadelphia mayor ordering police in the city not to enforce minor traffic violations, ruling that the orders are not preempted by the state's vehicle code.
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September 29, 2025
Oregon Hits Trump With Suit Over National Guard Deployment
Oregon officials urged a federal judge to block the Trump administration from sending Oregon National Guard members to Portland, accusing the administration of trampling the law to pick a political fight with another Democrat-led community.
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September 29, 2025
Pa. Justices Affirm Duty To Inform Voters Of Tossed Ballots
Pennsylvania county election offices must use the state's voter registration and tracking system to correctly notify mail-in voters if their ballots are rejected for technical reasons, so those voters can exercise their right to cast a replacement ballot, a split state Supreme Court has ruled.
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September 29, 2025
Billboard Co. Says Pot Ad Ban Violates 1st Amendment
A billboard advertising company is suing a California city in federal court, saying newly enacted ordinances banning cannabis dispensaries from off-site advertising violate the First Amendment.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
Ex-US Atty To Bring 'Formidable' Defense To Comey Charges
Faced with a blockbuster indictment alleging he lied to Congress, former FBI Director James Comey has turned to his longtime friend and famous tough-on-corruption ex-prosecutor Patrick Fitzgerald to fight the charges.
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September 29, 2025
Fed. Courts To Operate If Shutdown Hits, But Possible Limits
If the government shuts down, the federal courts will operate as usual through Friday — after which judicial activities could be limited, depending on the availability of funds.
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September 29, 2025
Trump Admin Opens Lands, Wallets To Boost US Coal
The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.
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September 29, 2025
Idaho Pushes Back On Effort To Moot Trans Athlete Ban Case
The state of Idaho is pushing back at a plaintiff's bid to stop the U.S. Supreme Court from hearing a case that challenges a state law banning transgender athletes, arguing that the athlete cannot toss a suit that is stayed or "manipulate" the docket to avoid an unfavorable decision.
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September 29, 2025
FTC Tightens Fixes For $13B Omnicom-Interpublic Deal
The Federal Trade Commission is requiring a monitor to oversee Omnicom's compliance with the conditions put on its $13.5 billion deal for Interpublic preventing the marketing giant from working with others to steer advertising away from publishers based on their political viewpoints.
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September 29, 2025
Legal Funder Settles Licensing Row With Conn. Banking Chief
A Connecticut-based litigation funding company will pay up to $50,000 in restitution to its customers and cease all unlicensed small loan activity after entering a consent order with the state's Department of Banking.
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September 29, 2025
BigLaw Partners Group Backs ABA In Trump Intimidation Suit
A coalition of more than 850 BigLaw partners is supporting the American Bar Association in its D.C. federal lawsuit against the Trump administration over its allegedly unconstitutional campaign of intimidation against law firms, saying executive orders targeting firms threaten the legal profession and the rule of law.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 29, 2025
Trump Again Pushes 100% Tariff To Help US Film Industry
President Donald Trump revived his call for a 100% tariff on imported films Monday on Truth Social, claiming the measure is necessary to reverse trends of offshoring production.
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September 29, 2025
Fla. Cities, Counties Take Aim At Storm Recovery Law
A coalition of 25 Florida municipalities and counties sued the state on Monday over a state law aimed at encouraging post-hurricane rebuilding efforts that the local governments say unconstitutionally tramples their authority to regulate land use and development in their communities.
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September 29, 2025
IRS Cancels Hearing On Offshore Profit Regulations
The Internal Revenue Service said Monday that it has canceled a public hearing on proposed rules that would require U.S. multinational corporations to create annual shareholder accounts and follow new pooling concepts to account for previously taxed foreign earnings and basis adjustments.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials
As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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How Trade Fraud Task Force Launch Furthers Policy Goals
A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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How Securities Test Nuances Affect State-Level Enforcement
Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Prohibiting Trigger Leads May Affect Mortgage Marketing
Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.