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Public Policy
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September 03, 2025
Trump Seeks To Have Justices Toss E. Jean Carroll Verdict
President Donald Trump said Wednesday that he's planning to challenge writer E. Jean Carroll's $5 million sexual assault finding against him at the U.S. Supreme Court, asking the high court to give him 60 days to file a petition for the justices to review "significant issues."
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September 03, 2025
9th Circ. Affirms Toss Of Satanists' Idaho Abortion Ban Suit
The Ninth Circuit refused to revive the Satanic Temple's lawsuit that challenged Idaho's laws criminalizing abortion, ruling in a published amended opinion Tuesday that the religious association of more than 1.5 million Satanists lacked standing to sue, both based on its members and as an organization.
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September 03, 2025
DOI Casino Approval Overturned For Ignoring Tribal Input
The U.S. Department of the Interior went beyond its authority and failed to properly consult with another local tribe when it approved the Koi Nation's plan to build a casino on newly acquired trust land, a California federal judge has ruled.
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September 03, 2025
NJ Cities Say Precedent Protects Immigration Enforcement Laws
Four Garden State cities blasted a U.S. Department of Justice lawsuit accusing them of obstructing federal immigration enforcement, telling a New Jersey federal judge that the case cannot overcome precedent that upheld the state policy at issue.
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September 03, 2025
Fintechs Urge Judge To Let CFPB Set Open Banking Deadline
The fintech trade group defending the Consumer Financial Protection Bureau's in-flux open banking rule on Wednesday urged a Kentucky federal judge to defer to the agency on whether to extend compliance deadlines for the data sharing mandate and also to decline banks' request to halt the clock as the agency retools the rule.
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September 03, 2025
Google Can Thank AI's Rise For Mixed Search Remedies
Despite Google's resounding defeat last year in the U.S. Department of Justice's case targeting its search monopoly, the company will face only a mixed bag of remedies aimed at propping up search engine rivals and limiting its distribution contracts.
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September 03, 2025
Trump Sued Over Ending Patent Office Bargaining Rights
A union representing workers from the Office of the Commissioner for Patents, which is part of the U.S. Patent and Trademark Office, sued President Donald Trump's administration Wednesday over an executive order that stripped federal workers of collective bargaining rights.
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September 03, 2025
Hemp Cos. Drop Challenge To Ark. Regulations
Hemp companies who challenged an Arkansas state law restricting hemp-derived intoxicating products are seeking to end their lawsuit, months after the Eighth Circuit dashed their efforts to temporarily block the statute's enforcement.
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September 03, 2025
Trump's Refugee Admission Pause Looks Legal To 9th Circ.
Two Ninth Circuit judges suggested on Wednesday that President Donald Trump had the authority to suspend U.S. refugee admissions in a January executive order, while also hinting that his administration went too far by pulling funding for resettlement support.
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September 03, 2025
4th Circ. Denies Injunction In Md. Cannabis Licensing Challenge
A California cannabis entrepreneur lost her bid to upend Maryland's social equity licensing program Tuesday when the Fourth Circuit ruled that the state's policies seeking to address inequalities within the cannabis industry are not discriminatory.
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September 03, 2025
Dem Sens. Demand DOJ Fire Ex-FBI Agent Tied To Capitol Riot
A man who stormed the Capitol on Jan. 6, 2021, and previously worked at the FBI was hired to work in the "weaponization" group at the U.S. Department of Justice, and now Democrats are calling for his removal.
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September 03, 2025
CFTC Member Expresses 'Discontent' As She Exits Agency
Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.
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September 03, 2025
DOL Proposal On FLSA Home Care Rule Gets 5,000 Comments
The U.S. Department of Labor received over 5,000 comments on its plan to rescind an Obama-era rule that expanded wage protections for home care workers, with advocacy organizations arguing that the DOL didn't provide enough backup for the rescission while others saying the move is in line with the fall of Chevron deference.
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September 03, 2025
Feds Move To Sink Mass. Offshore Wind Farm Approval
The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.
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September 03, 2025
Bondi Raises Bar For Private-Violence, Family Asylum Claims
Attorney General Pam Bondi has issued two new decisions reversing Biden-era attorney general precedents, raising the bar for asylum claims based on nonstate violence and tightening requirements for families to count as eligible social groups.
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September 03, 2025
Authority For Emergency Tariffs Poses Puzzle For Justices
The U.S. Supreme Court faces a provocative puzzle over President Donald Trump's worldwide tariff regime that the Federal Circuit has found illegal, as the judges' positions didn't follow the usual political lines, leaving wide open how the high court may rule on the president's tariff powers.
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September 03, 2025
Enviro Groups Urge 11th Circ. To Keep Detention Center Shut
Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.
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September 03, 2025
Denver Sheriff Sergeant Urges Trial In Sex Bias Promotion Suit
A man who claims the Denver Sheriff Department violated Title VII of the Civil Rights Act by promoting three women to captain over him as part of a self-imposed quota for female officers has asked a Colorado federal judge to deny the sheriff's department summary judgment.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case
The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.
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September 03, 2025
Mich. Atty Tells Appeals Court He's Worth $1,500 Per Hour
A Michigan attorney told an appellate panel Wednesday that his track record and experience warrant the $1,500 hourly rate awarded by a trial court which found a city's breach-of-contract suit against his client, a former councilor, was frivolous.
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September 03, 2025
Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked
A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.
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September 03, 2025
Texas Judge Asks Feds How Boeing Deal Serves Public
A Texas federal judge pressed the U.S. government to explain why he should accept a nonprosecution agreement with Boeing that would let the company escape a criminal case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.
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September 03, 2025
Military To Blame For Maine Mass Shooting, Victims Allege
Victims and relatives of those who died in a 2023 mass shooting in Lewiston, Maine, on Wednesday accused the U.S. government of failing to stop the Army reservist who opened fire, alleging the military was aware the gunman posed a threat but misled others about his danger.
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September 03, 2025
1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits
The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.
Expert Analysis
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.