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Public Policy
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September 08, 2025
FDIC Bests Farella Braun In Dispute Over SVB Legal Fees
A California federal judge has sided with the Federal Deposit Insurance Corp. in a dispute over $48,800 in unpaid legal bills that Farella Braun & Martel LLP sought for work it did before Silicon Valley Bank's collapse, finding the firm's invoices lacked key details like hours and billing rates.
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September 08, 2025
Michigan Pot Co. Drops Suit Over City's Licensing Process
A Michigan cannabis company has agreed to drop a lawsuit seeking to halt a city's recreational marijuana application process over allegations that the process was unfair and resulted in the company missing out on points already awarded to other license applicants.
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September 08, 2025
Securities Class Actions Had A Late Summer Appellate Bloom
While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.
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September 08, 2025
FCC To Revoke Authorizations For Foreign-Owned 'Bad Labs'
The Federal Communications Commission on Monday began revoking U.S. authorizations for seven communications equipment-testing labs it says are controlled by foreign adversaries.
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September 08, 2025
Grassley Blocked On Quick US Attorney Confirmations
Senate Judiciary Committee chair Sen. Chuck Grassley, R-Iowa, tried Monday to quickly confirm 10 nominees for U.S. attorneys, but was blocked by Senate Minority Leader Chuck Schumer, D-N.Y.
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September 08, 2025
Biz Groups Ask Justices To Shield Freight Brokers From Suits
Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.
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September 08, 2025
Bank Group Urges Supervision Reform Amid Regulatory Shift
A banking think tank announced Monday a new campaign to persuade federal policymakers to reform bank supervision frameworks the institute described as "subjective, duplicative, tangential to material risks and extralegal," the news following on the heels of a similar proposal issued by federal regulators.
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September 08, 2025
Del. Gov. Defends Corp. Law Overhaul In Pending Appeal
Delaware's governor has weighed in strongly against a state Supreme Court challenge to legislation approved earlier this year barring damages or "equitable" relief for some controlling stockholder or going-private deals, arguing that nothing in the measure unconstitutionally limits court powers.
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September 08, 2025
JetBlue Loses Fla. Tax Fight Over Airline Revenue Miles
A Florida judge rejected JetBlue's claims that the state's method of apportioning airline income by counting miles flown outside the state's borders is unconstitutional, saying that the formula ensures that "Florida reaches no more than its fair share" of tax.
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September 08, 2025
Trump Returns To High Court In Foreign Aid Freeze Dispute
President Donald Trump asked the U.S. Supreme Court on Monday to pause a lower court's order requiring the administration to release roughly $4 billion in frozen foreign aid, claiming the ruling interferes with his attempt to lawfully rescind the funding.
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September 08, 2025
Jury For Ex-Conn. Official Unlikely To Hear About Other Pleas
A federal jury scheduled to hear a former Connecticut budget official's corruption trial in less than a month should not be told that three construction executives pled guilty to conspiring to bribe him, a judge said Monday, agreeing that the evidence would cause unfair prejudice.
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September 08, 2025
Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes
The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.
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September 08, 2025
NJ Justices Question Parole Board Rule's Constitutionality
The New Jersey Supreme Court suggested Monday that a state Parole Board regulation posed a due process problem by categorically barring prison inmates from accessing their psychological evaluations even if the board applies the rule in a manner that it says is constitutional.
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September 08, 2025
Longtime USPTO Rocky Mountain Director Leaves Agency
The leader of the regional U.S. Patent and Trademark Office covering Colorado, Nebraska and several other states has announced that she is no longer working at the agency.
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September 08, 2025
GAO Flags Barriers In Tribal Energy Loan Program
The U.S. Government Accountability Office said a federal agency program designed to support Indigenous nations in developing energy projects through loans is limiting its accessibility and effectiveness through high, unpredictable costs; unclear guidance; and a lack of tribal expertise.
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September 08, 2025
New Orleans' Short-Term Rental Crackdown Largely Upheld
A Louisiana federal judge mostly sided with New Orleans in a lawsuit filed by Airbnb Inc. and multiple property owners challenging the city's 2023 and 2024 short-term rental restrictions, tossing most of the plaintiffs' 11-count suit.
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September 08, 2025
FCC To Examine Impact Of State, Local Wireline Rules
The Federal Communications Commission plans to take a closer look at federal preemption of state and local rules that could impede the deployment of wireline telecom and broadband service.
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September 08, 2025
Dem Sens., AGs Increase Pressure On DOJ's HPE Merger Deal
The controversial Justice Department settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks drew further pushback from Democratic senators and state attorneys general who respectively sought answers from U.S. Attorney General Pam Bondi and told a California federal judge to reject the deal.
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September 08, 2025
Class Actions May Be The New Injunction Bid, And Next Target
In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.
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September 08, 2025
Senior Int'l Tax Official At IRS To Join Baker McKenzie
A 15-year veteran of the Internal Revenue Service, who recently served as acting commissioner of the Large Business & International Division, will join Baker McKenzie's tax practice in Washington, D.C., later this month, the firm said Monday.
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September 08, 2025
Bessent Says US Will Refund Revenue If Justices Nix Tariffs
If the U.S. Supreme Court decides President Donald Trump lacked authority to impose tariffs under the International Emergency Economic Powers Act, the U.S. government will refund revenue it has collected with tariffs under that law, Treasury Secretary Scott Bessent said.
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September 08, 2025
9th Circ. Backs Trump Donor's Tax, Foreign Agent Convictions
A venture capitalist whose 12-year prison term for evading taxes and making illegal campaign contributions through foreign clients was commuted by President Donald Trump did not plead guilty to the crimes involuntarily, the Ninth Circuit found in affirming his convictions, rejecting his claim that his attorney hid information from him.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Most Criminal Summonses In NYC Get Tossed, Study Finds
The vast majority of criminal summonses issued in New York City get dismissed in court, usually due to insufficiency of the information police officers provide in them, and they are issued disproportionately more to Black and Hispanic people, according to a study of official data released Monday.
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September 08, 2025
Conn. Tax Atty Wants Full Appeals Court To Rethink Her Firing
Connecticut's former tax legal director has asked the full Connecticut Appellate Court to reconsider an appellate panel's ruling that found her firing was proper after she used her work computer to send unauthorized draft legislation to a lobbyist, arguing that as a case of first impression it is important for the full court to weigh in.
Expert Analysis
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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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.