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Public Policy
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September 16, 2025
Former Miami City Atty Exits Political Retaliation Suit
A former city attorney for Miami on Monday knocked down claims against her from a pair of business owners accusing her of taking part in a political retaliation scheme when a Florida federal judge ruled that she was immune from the allegations.
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September 16, 2025
FTC Chair Pledges 'Action' Against Late Merger Fixes
Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."
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September 16, 2025
FCC Seeks Feedback On Call For Better Signal Booster Regs
The Federal Communications Commission is mulling a nonprofit's proposal to update its industrial signal booster rules, which the group says "left significant implementation gaps" when they were put in place over a decade ago.
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September 16, 2025
SEC Blasts Thrivent's Attempt To 'Upend' FINRA Oversight
The Securities and Exchange Commission is defending its refusal to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority at the request of financial services organization Thrivent, urging the D.C. Circuit to reject the company's appellate petition and leave FINRA's arbitration rules as they are.
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September 16, 2025
California AG Bonta Names New State Solicitor General
California Attorney General Rob Bonta has promoted a veteran attorney in the state's Department of Justice to become the state's new solicitor general.
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September 16, 2025
USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture
The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.
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September 16, 2025
Senate Democrats Urge Chamber Not To Recriminalize Hemp
A group of Democratic U.S. senators on Tuesday urged the chamber's leaders not to adopt language in an appropriations bill that would drastically redefine the definition of legal hemp and which they say could ruin the nationwide hemp industry.
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September 16, 2025
Mass. Tax Board Cuts Value Of Biz's Condos Based On Sales
The assessed values of two condominium units in Massachusetts were reduced by the state Appellate Tax Board in a decision released Tuesday, after the board found that both were overvalued when compared with similar properties.
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September 16, 2025
Wilcox Urges Justices Not To Pick And Choose Firing Fights
If the U.S. Supreme Court steps in to review the legality of former Federal Trade Commission leader Rebecca Slaughter's firing before the D.C. Circuit does, it should also intervene to consider former National Labor Relations Board member Gwynne Wilcox's firing, Wilcox told the justices.
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September 16, 2025
Trump Taps US Atty Nominees For NC, NH And Louisiana
President Donald Trump has named U.S. attorney nominees for Louisiana, New Hampshire and North Carolina.
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September 16, 2025
Order Halting Ørsted Wind Project Is Valid, Trump Admin Says
The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.
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September 16, 2025
8th Circ. Questions Minn. Contractor Law's Vagueness
The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.
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September 16, 2025
Mass. Board Reduces Tax Value Of Educational Property
A multiuse educational facility was overvalued by a local assessor, the Massachusetts Appellate Tax Board said in a decision released Tuesday, cutting its valuation by about $400,000.
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September 16, 2025
Environmental Groups Say Gov't Won't Share Climate Docs
Environmental groups have told a Massachusetts federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.
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September 16, 2025
Ga. Justices Won't Reinstate DA Willis To Trump Election Case
The Georgia Supreme Court on Tuesday declined to review a lower court's ruling disqualifying Fulton County District Attorney Fani Willis from the 2020 Georgia election interference case against President Donald Trump and his co-defendants.
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September 15, 2025
FTC Dem Urges Justices Not To Disturb Her Reinstatement
U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.
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September 15, 2025
W.Va., Idaho Tell Justices Trans Sports Bans Based On Science
West Virginia and Idaho urged the U.S. Supreme Court to rule that courts should not use subjective preferences when analyzing whether laws that ban transgender athletes from competing on sports teams different from their sex assigned at birth violate the Constitution.
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September 15, 2025
Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit
A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.
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September 15, 2025
FAA, SpaceX Get Early Win In Starship Enviro Review Suit
A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.
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September 15, 2025
California Judge Denies Smoke Shops' Bid To Halt Fresno Law
The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.
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September 15, 2025
Ousted Public Defender's Bias Suit Meets Skeptical Judge
A Connecticut judge on Monday seemed skeptical of a former chief state public defender's challenge to her ouster, questioning whether the lawyer could support her claim that the Public Defender Services Commission should have called live witnesses to testify during an administrative hearing that led to her termination.
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September 15, 2025
FTC Commissioner Says Antitrust Moment Has Been Building
Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.
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September 15, 2025
Chancery OKs Public Access To Some SpaceX Suit Docs
Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.
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September 15, 2025
Mich. Says HHS Can't Justify $195M Medicaid Clawback
The state of Michigan urged a federal judge to find that the U.S. Department of Health and Human Services cannot catch a payday for its yearslong delay in affirming a decision to disallow $195 million in Medicaid payments to two state-operated psychiatric hospitals, arguing that the delay runs afoul of federal law and the department's own policies.
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September 15, 2025
Mont. County Asks To Nix Or Pause Tribe's Voting Rights Suit
An Indigenous tribe can't sue Chouteau County, Montana, under the Voting Rights Act because the act protects individual rights, not sovereign or collective rights as the tribe asserts in its lawsuit, the county tells a federal court in bids to toss or pause the suit.
Expert Analysis
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.