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Public Policy
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September 25, 2025
Ex-FBI Head Comey Indicted Days After Va. US Atty Replaced
A federal grand jury in the Eastern District of Virginia on Thursday indicted former FBI Director James B. Comey on making a false statement and obstruction of Congress charges, just days after Donald Trump's former personal attorney took over as interim U.S. attorney in the district.
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September 25, 2025
Stanford Daily Can't Sue Over Deportation Fears, DOJ Says
The Trump administration has moved for a win in The Stanford Daily's lawsuit that seeks to bar the government from deporting noncitizen students who express pro-Palestinian views, telling a California federal court that the student-run newspaper and two students lack standing.
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September 25, 2025
Google VP Says Ad Tech Breakup Is 'Possible'
The Google executive responsible for its advertising placement technology business told a Virginia federal judge Thursday that the company previously determined that a breakup was doable, even as he argued that the U.S. Department of Justice is mischaracterizing recent considerations of what that would look like.
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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
Standing Questions Loom In Mozambique LNG Loan Dispute
The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.
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September 25, 2025
Pa. Justices Say Child Arbitration Invalid Despite Parents' OK
The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.
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September 25, 2025
Fed's Cook Warns Justices Of Fed Independence 'Death Knell'
Federal Reserve Gov. Lisa Cook urged the U.S. Supreme Court on Thursday to reject President Donald Trump's bid to immediately oust her, warning that allowing her dismissal at this juncture would "sound the death knell" for an independent Fed.
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September 25, 2025
CashCall Urges Justices To Overturn $134M CFPB Award
CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.
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September 25, 2025
DOJ Fights Colo., Denver Bid To Escape Sanctuary Suit
Colorado and Denver may not have to help enforce immigration laws, but they can't actively obstruct them, the Trump administration said, urging a federal judge to allow its lawsuit challenging their sanctuary policies to proceed.
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September 25, 2025
Judge Seeks More Info Before Splitting Corrections OT Trial
A Colorado federal judge said she wouldn't make a determination on whether a proposed collective action against the state Department of Corrections, alleging the agency didn't pay its criminal investigators while on call, should be split into different trials until she has more information on each side's expectations for the case.
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September 25, 2025
NCAA, Ga. Colleges Win Trim Of Trans Athlete Eligibility Suit
A federal judge Thursday largely dismissed a lawsuit against the NCAA and several Georgia public universities challenging their eligibility rules for transgender athletes, ruling that the athletic association is not a state actor subject to civil rights claims while recent legislation mooted claims against the state schools.
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September 25, 2025
Atkins Hints At Flexible Reporting Deadlines For Public Cos.
With the U.S. Securities and Exchange Commission preparing to seek public feedback on President Donald Trump's proposal that public companies be allowed to report their financial results only twice a year, agency Chair Paul Atkins suggested Thursday that the SEC may not take a "one-size-fits-all" approach.
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September 25, 2025
NJ Justice Hints 'Essential' A Key Term In Benefits Case
New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.
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September 25, 2025
NJ Municipality, Cannabis Co. Settle Suit Over Retail License
A cannabis company has agreed to end its federal lawsuit against a New Jersey municipality that passed an ordinance reducing the number of retail licenses available in its borders from two to one, awarding the sole license to a competitor.
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September 25, 2025
DOJ Sues Six States For Refusing To Share Private Voter Data
The U.S. Department of Justice on Thursday sued six states for not turning over statewide voter registration lists with voters' driver's license numbers or the last four digits of their Social Security numbers when the federal government asked for them this summer, while state officials have decried the request "not normal" and "unprecedented."
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September 25, 2025
Chicago Man Forged Signatures Of Federal Judges, Feds Say
A Chicago man has been indicted for forging the signatures of two Illinois federal judges on various court filings in an attempt to get around an order restricting his ability to file new cases, according to an announcement made by the U.S. Department of Justice on Thursday.
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September 25, 2025
Perrigo Mostly Beats US In $163M Tax Refund Dispute
A Michigan federal court largely sided Thursday with pharmaceutical company Perrigo in a $163 million tax refund case, rejecting the government's claim that the company's transactions with a foreign entity lacked economic substance and were meant only to avoid taxes.
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September 25, 2025
FTC, 19 States Halt Cancer Charity Scheme
A car donation charity that raised more than $45 million meant for breast cancer screenings agreed Thursday to an injunction barring future charity fundraising to end an enforcement action by the Federal Trade Commission and a coalition of 19 states over misappropriated donation funds.
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September 25, 2025
Housing Authority Targets Ex-Chief's Home In $3.1M Suit
A Connecticut municipal housing authority that is embroiled in litigation with its former executive director has asked a state court judge to make him pledge his Middlebury home to satisfy a potential multimillion-dollar judgment against him.
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September 25, 2025
NY Judge Approves Hold On Cannabis Store Proximity Rule
A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.
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September 25, 2025
Illinois Court Overturns City's Fiber Optic Permit Fee
An Illinois law blocks municipalities from charging new fees for the use of public rights of way, a state judge has ruled, handing a win to a fiber optic internet service provider.
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September 25, 2025
Rubio Says 'Gang Support' Warrants Haitian's Removal
Secretary of State Marco Rubio said Thursday that he invoked his authority under federal immigration law to start removal proceedings against a Haitian national whose ongoing presence in the U.S. he determined would have adverse consequences on U.S. foreign policy.
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September 25, 2025
MiMedx, FDA Ordered To Rework Args In Wound Care Case
Biomedical company MiMedx Group Inc. and the U.S. Food and Drug Administration have been ordered to reframe their briefs in a suit in which the company seeks to overturn the agency's classification of a wound care treatment as a biological product.
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September 25, 2025
Pa. Justices Say Gov't Must Show Proof Of 'High-Crime Areas'
The Pennsylvania Supreme Court on Thursday ruled that police detention of a person based in part on their presence in a "high-crime area" must be supported by proof that the area is actually high in crime, but declined to create strict rules or tests to make that designation.
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September 25, 2025
Pa. Justices Allow Utilities To Deny Rivals' Billing For Add-Ons
Electricity distributors in Pennsylvania can apply add-ons to their customers' bills for things like smart thermostats, line insurance and tree trimming while denying the same "on-bill billing" service to third-party electricity providers, the state Supreme Court ruled Thursday.
Expert Analysis
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.