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Public Policy
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
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September 26, 2025
ICE Blocked From Holding Longtime Immigrant As Newcomer
A Florida federal judge ruled Thursday that immigration officials can't transfer a noncitizen out of the Middle District of Florida until the court rules on his habeas petition, and that the individual has a right to a bond hearing — rather than being subject to mandatory detention — because of his current residency in the U.S.
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September 26, 2025
Judge Wants Clarity On Migrant Green Card Delays
A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.
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September 26, 2025
Kalshi, Robinhood Fight Tribes' Bid To Block Sports Contracts
Trading platforms Kalshi and Robinhood urged a California federal judge to reject an injunction bid lodged by Native American tribes in California that would prevent the companies from offering sports betting contracts on tribal lands, arguing their federally authorized event contract businesses would suffer "substantial and irreparable harm."
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
DC Circ. Revives FCA Suit Against US Cellular
U.S. Cellular Corp. must face a lawsuit from two whistleblowers alleging it used a sham business to fraudulently obtain discounted spectrum licenses through Federal Communications Commission auctions, a D.C. Circuit panel ruled Friday in overturning a lower court.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 26, 2025
DOD Says Wounded Knee Soldiers Will Keep Medals Of Honor
Twenty soldiers who participated in the 1890 Wounded Knee conflict that left nearly 300 Lakota people dead will keep their Medals of Honor, U.S. Secretary of Defense Pete Hegseth announced, saying the previous administration withheld a decision on whether to rescind the honors since last October.
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September 26, 2025
FCC Rejects More Equipment Labs Tied To Adversaries
The Federal Communications Commission said Friday it had blocked more labs tied to foreign adversaries from its equipment authorization program.
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
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September 26, 2025
Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law
Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.
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September 26, 2025
Advertisers, Publishers Can Expand Google Ad MDL Markets
A New York federal judge on Thursday allowed publishers and advertisers in multidistrict litigation over Google's advertising placement technology to expand their claims to cover a worldwide scope, like the U.S. Department of Justice's successful similar case, finding it would not prejudice the tech giant.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules
California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.
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September 26, 2025
Texas' Eastern District Tightens Sealed-Document Procedures
Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.
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September 26, 2025
Mass. Tax Board Cuts $1M Home Value To Sale Price
A Massachusetts home valued at $1 million by a county assessor should have the value lowered to the price the home sold for, the state Appellate Tax Board ruled.
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September 26, 2025
Cherokee Nation Cos. Appeal Gaming License Suit To 8th Circ.
Two Cherokee Nation entities are looking to the Eighth Circuit to overturn an Arkansas federal court decision that dismissed their challenge to a voter-approved referendum that revoked a gambling license in the state.
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September 26, 2025
Commerce Opens 2 New Section 232 Investigations
The U.S. Department of Commerce recently self-initiated investigations into imports of medical devices and personal protective equipment as well as robotics to determine whether they pose a national security threat requiring tariff actions under Section 232 of the Trade Expansion Act of 1962, according to two notices published Friday.
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September 26, 2025
Ex-Perkins Coie, DOJ Enviro Lawyer Joins Greenberg Traurig
A former assistant section chief in the U.S. Department of Justice's Environmental and Natural Resources Division has joined Greenberg Traurig LLP's Washington, D.C., office after five years with Perkins Coie LLP.
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September 26, 2025
Small Cable Firms Say FCC Alert Changes Could Harm Them
A cable industry group cautioned the Federal Communications Commission that making big revisions to the country's Emergency Alert System could put some small providers out of business if the new rules mean heavy compliance burdens.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Trump Blesses Deal To Transfer TikTok To $14B US Co.
President Donald Trump Thursday signed an executive order greenlighting a proposed deal that transfers the majority of TikTok's U.S. operations to a new U.S.-based joint venture, saying that the divestiture adequately addresses national security concerns.
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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.
Expert Analysis
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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6 Questions We Should Ask About The Trump Trade Deals
Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.
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'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight
The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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The Pros, Cons Of A Single Commissioner Leading The CFTC
While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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How DOJ's New Data Security Rules Leave HIPAA In The Dust
The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.