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Public Policy
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September 25, 2025
Fla. Atty Vacancy Proposal Draws Support Amid Bar Criticism
A proposal to allow out-of-state lawyers to work in Florida state government has drawn support this month from the governor's office and associations of prosecutors and public defenders, while the Florida Bar believes the proposal violates the state constitution.
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September 25, 2025
Texas College Admins Must Face Drag Show Free-Speech Suit
A Texas federal judge said two West Texas A&M University administrators must face a free speech suit a student group brought over the cancellation of an on-campus drag show and the likely cancellation of any future show.
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September 25, 2025
Western NC Fed. Judge Nominee Would Break Gender Barrier
If U.S. Magistrate Judge Susan Rodriguez is confirmed by the U.S. Senate Judiciary Committee, she will be one step closer to becoming the first woman to serve as an Article III district court judge in the 153-year history of the Western District of North Carolina.
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September 25, 2025
Judge Says NY Discharge Law Usurps Feds' Nuclear Authority
A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.
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September 25, 2025
Families Cite Trump In Bid To Revive Tylenol Autism Claims
Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.
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September 25, 2025
Conn. Cities' Insulin Pricing Suits Against PBMs Join NJ MDL
Two Connecticut cities' civil racketeering and state trade practices law claims against insulin manufacturers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, and pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, have been rolled into a New Jersey multidistrict litigation proceeding.
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September 25, 2025
Calif. City Asks Justices To Reboot Housing Law Challenge
The city of Huntington Beach, California, has urged the U.S. Supreme Court to revive its claims challenging state laws that require the city to build enough housing to keep up with population growth, arguing an appeals panel wrongly found the city can't bring a federal constitutional challenge against its parent state.
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September 25, 2025
Fed. Circ. Upholds China Tariffs From Trump's 1st Term
The Federal Circuit on Thursday blessed a large batch of tariffs on Chinese goods installed by President Donald Trump during his first White House term, turning away a host of importers' claims that the levies had been imposed illegally.
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September 25, 2025
Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial
Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days in to what was expected to be a monthlong trial.
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September 25, 2025
Coalition Urges Senate To Block Bills Threatening DC Law
More than 270 individuals and organizations, including law firms, bar associations and advocacy groups, on Thursday urged the Senate to reject two House bills that they say would usurp the judicial selection process in Washington, D.C., and the independence of D.C.'s attorney general.
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September 24, 2025
DC Judge Won't Reinstate IGs Over 'Obvious' Trump Violation
A Washington, D.C., federal judge on Wednesday declined to reinstate eight inspectors general whom President Donald Trump fired without warning or rationale, finding that while it is "obvious" the president violated federal law governing the removal of inspectors general, the plaintiffs have not shown irreparable harm.
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September 24, 2025
'Poorly Drafted' Immigration Case Dismissal Email Withdrawn
The Executive Office for Immigration Review on Tuesday formally withdrew an email from May that became central to litigation challenging immigration courthouse arrests and quick dismissals of removal proceedings, saying the email, although "poorly drafted," was never policy.
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September 24, 2025
ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical
The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.
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September 24, 2025
Google Ad Tech Judge Ponders If Order Without Sale Is Enough
A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Calif. Judge Urged To Reject Noem's Bid To Escape TPS Suit
An immigrant rights group told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.
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September 24, 2025
Calif. Tribes Fight State Highway Patrol Over Cannabis Raids
The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
Tower Developer Linked To Menendez Ally Wants Suit Tossed
The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.
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September 24, 2025
Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told
An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.
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September 24, 2025
USPTO Touts Declining Patent Backlog, Eyes Bigger Drop
U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.
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September 24, 2025
Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions
A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.
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September 24, 2025
FINRA To Nix Minimum Equity Requirement For Day Traders
The Financial Industry Regulatory Authority announced Wednesday that its board approved changes to its rules for so-called pattern day trading that would remove a minimum equity requirement for such traders.
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September 24, 2025
Michigan's 'Buy Local' Power Rule Shores Up Grid, Judge Told
Michigan's utility regulator and one of the state's largest utilities have defended a requirement that power providers serving the state must source some of their electricity locally, saying in a court filing the rule helps ensure grid reliability.
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September 24, 2025
ACLU, Feds Spar Over Classwide Relief In Guantánamo Case
The American Civil Liberties Union and the Trump administration filed dueling briefs on whether a D.C. federal judge can certify a class and grant classwide relief in a suit challenging the government's transfer of some detained noncitizens to Guantánamo Bay.
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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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.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.
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State False Claims Acts Can Help Curb Opioid Fund Fraud
State versions of the federal False Claims Act can play an important role in policing the misuse of opioid settlement funds, taking a cue from the U.S. Department of Justice’s handling of federal fraud cases involving pandemic relief funds, says Kenneth Levine at Stone & Magnanini.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
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CFPB Proposal Defining Consumer Risk May Add Uncertainty
Though a recent Consumer Financial Protection Bureau proposal would codify when risks to consumers justify supervisory intervention against nonbanks, furthering Trump administration plans to curtail CFPB authority, firms may still struggle to identify what could attract supervisory designation under the new rule, say attorneys at Steptoe.
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Targeting Execs Could Hurt SEC's Probusiness Goals
While many enforcement changes under the Trump administration’s U.S. Securities and Exchange Commission have been touted by commission leadership as proinnovation and probusiness, a planned focus on holding individual directors and officers responsible for wrongdoing may have the opposite effect, say attorneys at MoFo.
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Preserving Refunds As Tariffs Await Supreme Court Weigh-In
In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
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How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
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Key Points From DOJ's New DeFi Enforcement Outline
Recent remarks by the U.S. Department of Justice's Criminal Division head Matthew Galeotti reveal several issues that the decentralized finance industry should address in order to minimize risk, including developers' role in evaluating protocols and the importance of illicit finance risk assessments, says Drew Rolle at Alston & Bird.
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Earned Wage Access Providers Face State Law Labyrinth
At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.